De Menezes coroner rules out unlawful killing verdict

The coroner at the inquest of Jean Charles de Menezes today ruled out a verdict of unlawful killing.

Former High Court judge, Sir Michael Wright, began summing up seven weeks of evidence by telling jurors they will only be allowed to return a verdict of lawful killing or an open verdict.



Having considered all the evidence, a verdict of unlawful killing was "not justified", he said.





The coroner told jurors to cast aside "any emotion" over the innocent Brazilian's shooting.



He also warned the 11 jurors they must not attach any criminal or civil fault to individuals.



He told them verdicts cannot be inconsistent with the outcome of the Metropolitan Police's health and safety trial, which spared Deputy Assistant Commissioner Cressida Dick of personal blame.



Reminding the jury that the Brazilian's mother, Maria Otone de Menezes, had seen much of the evidence, the coroner added: "I know that your heart will go out to her.



"But these are emotional reactions, ladies and gentlemen, and you are charged with returning a verdict based on evidence.



"Put aside any emotion - put them to one side."



The coroner began bringing together the final account of how the innocent Brazilian met his death on a south London Tube train.



It is the last stage before the 11-person jury, which has sat since September 22, is sent out to consider its verdicts.



Jurors heard from 100 witnesses, including the two men who shot dead the innocent Brazilian at point-blank range on a carriage at Stockwell station on July 22, 2005.



For the first time, the public was given a full account of the incident from key witnesses on board the Underground carriage where the shooting took place.



Key controversies involving surveillance outside his Tulse Hill home, incidents in the control room at New Scotland Yard, and Mr de Menezes's journey towards Stockwell were also examined at length.



C2 and C12, the two firearms officers who shot the electrician, both choked back tears as they appeared in the unlikely surroundings of Surrey County Cricket Club's home ground, in south London.



The shooting came two weeks after London was rocked by the July 7 bombings that left 52 victims dead.



On July 21 a second gang of Islamist extremists attempted to murder dozens more with home-made rucksack bombs.



As counter terrorist police scoured the capital for the escaped would-be suicide bombers, Mr de Menezes was mistaken for one of them and shot dead.



Sir Michael is expected to use at least two days taking the jury back through the key evidence heard at The Oval.





In addition to the two verdicts available, jurors will consider a series of questions, the coroner added.



He told them they should answer "yes", "no" or "cannot decide" to the following questions:

* Did C12 shout the words "armed police" before opening fire?

* Did Mr de Menezes stand up from his seat before he was grabbed in a bear hug by Ivor?

* Did Mr de Menezes move towards C12 before he was grabbed in a bear hug by Ivor?

* Which factors led to his death?

a) The pressure on police after the suicide attacks in July 2005.

b) A failure to provide better photographic images of failed bomber Hussain Osman to surveillance officers.

c) A failure by police to ensure that Mr de Menezes was stopped before he reached public transport.

d) The general difficulty in providing identification of the man under surveillance in the time available.

e) The innocent behaviour of Mr de Menezes increasing suspicion.

f) The fact the views of the surveillance officers regarding identification were not accurately communicated to the command team and firearms officers.

g) The fact that the position of the cars containing the firearms officers was not accurately known by the command team as firearms teams were approaching Stockwell Tube.

h) Shortcomings in the communications system between various police teams on the ground.

i) Failure to conclude at the time that surveillance officers could have been used to carry out the stop on Mr de Menezes at Stockwell.

Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksAn introduction to the ground rules of British democracy
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
SPONSORED FEATURES
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Recruitment Genius: Sales Executive - OTE £35,000

£18000 - £23000 per annum: Recruitment Genius: A Sales Executive is required t...

SThree: Trainee Recruitment Consultant

£20000 - £25000 per annum + competitive: SThree: £20000 - £25000 per annum + c...

Recruitment Genius: Project Coordinator

£25000 - £30000 per annum: Recruitment Genius: This company provides a number ...

Recruitment Genius: Graduate Sales Consultant - OTE £45,000

£15000 - £45000 per annum: Recruitment Genius: Do you want to work for an exci...

Day In a Page

Solved after 200 years: the mysterious deaths of 3,000 soldiers from Napoleon's army

Solved after 200 years

The mysterious deaths of 3,000 soldiers from Napoleon's army
Every regional power has betrayed the Kurds so Turkish bombing is no surprise

Robert Fisk on the Turkey conflict

Every regional power has betrayed the Kurds so Turkish bombing is no surprise
Investigation into wreck of unidentified submarine found off the coast of Sweden

Sunken sub

Investigation underway into wreck of an unidentified submarine found off the coast of Sweden
Instagram and Facebook have 'totally changed' the way people buy clothes

Age of the selfie

Instagram and Facebook have 'totally changed' the way people buy clothes
Not so square: How BBC's Bloomsbury saga is sexing up the period drama

Not so square

How Virginia Woolf saga is sexing up the BBC period drama
Rio Olympics 2016: The seven teenagers still carrying a torch for our Games hopes

Still carrying the torch

The seven teenagers given our Olympic hopes
The West likes to think that 'civilisation' will defeat Isis, but history suggests otherwise

The West likes to think that 'civilisation' will defeat Isis...

...but history suggests otherwise
The bald truth: How one author's thinning hair made him a Wayne Rooney sympathiser

The bald truth

How thinning hair made me a Wayne Rooney sympathiser
Froome wins second Tour de France after triumphant ride into Paris with Team Sky

Tour de France 2015

Froome rides into Paris to win historic second Tour
Fifteen years ago, Concorde crashed, and a dream died. Today, the desire to travel faster than the speed of sound is growing once again

A new beginning for supersonic flight?

Concorde's successors are in the works 15 years on from the Paris crash
I would never quit Labour, says Liz Kendall

I would never quit party, says Liz Kendall

Latest on the Labour leadership contest
Froome seals second Tour de France victory

Never mind Pinot, it’s bubbly for Froome

Second Tour de France victory all but sealed
Oh really? How the 'lowest form of wit' makes people brighter and more creative

The uses of sarcasm

'Lowest form of wit' actually makes people brighter and more creative
A magazine editor with no vanity, and lots of flair

No vanity, but lots of flair

A tribute to the magazine editor Ingrid Sischy
Foraging: How the British rediscovered their taste for chasing after wild food

In praise of foraging

How the British rediscovered their taste for wild food