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.

Arts and Entertainment
TVShow's twee, safe facade smashed by ice cream melting scandal
News
Brad Pitt and Angelina Jolie reportedly married in secret on Saturday
peopleSpokesperson for couple confirms they tied the knot on Saturday after almost a decade together
Arts and Entertainment
tv
Arts and Entertainment
Lisa Kudrow, Courtney Cox and Jennifer Anniston reunite for a mini Friends sketch on Jimmy Kimmel Live
tv
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebooksAn evocation of the conflict through the eyes of those who lived through it
News
Actor, model and now record breaker: Jiff the Pomeranian
Video
News
REX/Eye Candy
science
Sport
Alexis Sanchez celebrates after scoring his first goal for Arsenal in the Champions League qualifier against Besiktas
sportChilean's first goal for the club secures place in draw for Champions League group stages
News
i100
News
Down time: an employee of Google uses the slide to get to the canteen
scienceBosses are inventing surprising ways of making us work harder
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

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

iJobs Job Widget
iJobs General

Trainee Recruitment Consultants - Bristol

£18000 - £23000 per annum + OTE £35000: SThree: SThree are a global FTSE 250 b...

Teacher

£130 - £131 per day: Randstad Education Chelmsford: Ks1 teacher required for m...

Project Manager (infrastructure, upgrades, rollouts)

£38000 - £45000 Per Annum + excellent benefits package: Clearwater People Solu...

MI Analyst and SQL Developer (SQL, SSAS, SSRS)

£28000 - £32500 Per Annum + 28 days holiday, pension, discounts and more: Clea...

Day In a Page

Israel-Gaza conflict: No victory for Israel despite weeks of death and devastation

Robert Fisk: No victory for Israel despite weeks of devastation

Palestinians have won: they are still in Gaza, and Hamas is still there
Mary Beard writes character reference for Twitter troll who called her a 'slut'

Unlikely friends: Mary Beard and the troll who called her a ‘filthy old slut’

The Cambridge University classicist even wrote the student a character reference
America’s new apartheid: Prosperous white districts are choosing to break away from black cities and go it alone

America’s new apartheid

Prosperous white districts are choosing to break away from black cities and go it alone
Amazon is buying Twitch for £600m - but why do people want to watch others playing Xbox?

What is the appeal of Twitch?

Amazon is buying the video-game-themed online streaming site for £600m - but why do people want to watch others playing Xbox?
Tip-tapping typewriters, ripe pongs and slides in the office: Bosses are inventing surprising ways of making us work harder

How bosses are making us work harder

As it is revealed that one newspaper office pumps out the sound of typewriters to increase productivity, Gillian Orr explores the other devices designed to motivate staff
Manufacturers are struggling to keep up with the resurgence in vinyl records

Hard pressed: Resurgence in vinyl records

As the resurgence in vinyl records continues, manufacturers and their outdated machinery are struggling to keep up with the demand
Tony Jordan: 'I turned down the chance to research Charles Dickens for a TV series nine times ... then I found a kindred spirit'

A tale of two writers

Offered the chance to research Charles Dickens for a TV series, Tony Jordan turned it down. Nine times. The man behind EastEnders and Life on Mars didn’t feel right for the job. Finally, he gave in - and found an unexpected kindred spirit
Could a later start to the school day be the most useful educational reform of all?

Should pupils get a lie in?

Doctors want a later start to the school day so that pupils can sleep later. Not because teenagers are lazy, explains Simon Usborne - it's all down to their circadian rhythms
Prepare for Jewish jokes – as Jewish comedians get their own festival

Prepare for Jewish jokes...

... as Jewish comedians get their own festival
SJ Watson: 'I still can't quite believe that Before I Go to Sleep started in my head'

A dream come true for SJ Watson

Watson was working part time in the NHS when his debut novel, Before I Go to Sleep, became a bestseller. Now it's a Hollywood movie, too. Here he recalls the whirlwind journey from children’s ward to A-list film set
10 best cycling bags for commuters

10 best cycling bags for commuters

Gear up for next week’s National Cycle to Work day with one of these practical backpacks and messenger bags
Paul Scholes: Three at the back isn’t working yet but given time I’m hopeful Louis van Gaal can rebuild Manchester United

Paul Scholes column

Three at the back isn’t working yet but given time I’m hopeful Louis van Gaal can rebuild Manchester United
Kate Bush, Hammersmith Apollo music review: A preamble, then a coup de théâtre - and suddenly the long wait felt worth it

Kate Bush shows a voice untroubled by time

A preamble, then a coup de théâtre - and suddenly the long wait felt worth it
Robot sheepdog technology could be used to save people from burning buildings

The science of herding is cracked

Mathematical model would allow robots to be programmed to control crowds and save people from burning buildings
Tyrant: Is the world ready for a Middle Eastern 'Dallas'?

This tyrant doesn’t rule

It’s billed as a Middle Eastern ‘Dallas’, so why does Fox’s new drama have a white British star?