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.

PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
Life and Style
fashionHealth concerns and 'pornified' perceptions have made women more conscious at the beach
Arts and Entertainment
tv
Sport
Ojo Onaolapo celebrates winning the bronze medal
commonwealth games
Arts and Entertainment
Rock band Led Zeppelin in the early 1970s
musicLed Zeppelin to release alternative Stairway To Heaven after 43 years
Arts and Entertainment
High-flyer: Chris Pratt in 'Guardians of the Galaxy'
filmHe was homeless in Hawaii when he got his big break. Now the comic actor Chris Pratt is Hollywood's new favourite action star
Sport
Van Gaal said that his challenge in taking over Bobby Robson's Barcelona team in 1993 has been easier than the task of resurrecting the current United side
footballA colourful discussion on tactics, the merits of the English footballer and rebuilding Manchester United
Life and Style
Sainsbury's could roll the lorries out across its whole fleet if they are successful
tech
Travel
The shipping news: a typical Snoozebox construction
travelSpending the night in a shipping container doesn't sound appealing, but mobile crash pads are popping up at the summer's biggest events
Arts and Entertainment
'Old Fashioned' will be a different kind of love story to '50 Shades'
film
Arts and Entertainment
Tracey Emin's 'My Bed' is returning to the Tate more than 15 years after it first caused shockwaves at the gallery
artTracey Emin's bed returns to the Tate after record sale
Arts and Entertainment
Smart mover: Peter Bazalgette
filmHow live cinema screenings can boost arts audiences
Environment
Neil Young performing at Hyde Park, London, earlier this month
environment
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

Project Coordinator

Competitive: The Green Recruitment Company: The Organisation: The Green Recrui...

Project Manager (HR)- Bristol - Upto £400 p/day

£350 - £400 per annum + competitive: Orgtel: Project Manager (specializing in ...

Embedded Linux Engineer

£40000 - £50000 per annum + competitive: Progressive Recruitment: Embedded Sof...

Senior Hardware Design Engineer - Broadcast

£50000 - £65000 per annum + Benefits: Progressive Recruitment: Working for a m...

Day In a Page

Save the tiger: The animals bred for bones on China’s tiger farms

The animals bred for bones on China’s tiger farms

The big cats kept in captivity to perform for paying audiences and then, when dead, their bodies used to fortify wine
A former custard factory, a Midlands bog and a Leeds cemetery all included in top 50 hidden spots in the UK

A former custard factory, a Midlands bog and a Leeds cemetery

Introducing the top 50 hidden spots in Britain
Ebola epidemic: Plagued by fear

Ebola epidemic: Plagued by fear

How a disease that has claimed fewer than 2,000 victims in its history has earned a place in the darkest corner of the public's imagination
Chris Pratt: From 'Parks and Recreation' to 'Guardians of the Galaxy'

From 'Parks and Recreation' to 'Guardians of the Galaxy'

He was homeless in Hawaii when he got his big break. Now the comic actor Chris Pratt is Hollywood's new favourite action star
How live cinema screenings can boost arts audiences

How live cinema screenings can boost arts audiences

Broadcasting plays and exhibitions to cinemas is a sure-fire box office smash
Shipping container hotels: Pop-up hotels filling a niche

Pop-up hotels filling a niche

Spending the night in a shipping container doesn't sound appealing, but these mobile crash pads are popping up at the summer's biggest events
Native American headdresses are not fashion accessories

Feather dust-up

A Canadian festival has banned Native American headwear. Haven't we been here before?
Boris Johnson's war on diesel

Boris Johnson's war on diesel

11m cars here run on diesel. It's seen as a greener alternative to unleaded petrol. So why is London's mayor on a crusade against the black pump?
5 best waterproof cameras

Splash and flash: 5 best waterproof cameras

Don't let water stop you taking snaps with one of these machines that will take you from the sand to meters deep
Louis van Gaal interview: Manchester United manager discusses tactics and rebuilding after the David Moyes era

Louis van Gaal interview

Manchester United manager discusses tactics and rebuilding after the David Moyes era
Will Gore: The goodwill shown by fans towards Alastair Cook will evaporate rapidly if India win the series

Will Gore: Outside Edge

The goodwill shown by fans towards Alastair Cook will evaporate rapidly if India win the series
The children were playing in the street with toy guns. The air strikes were tragically real

The air strikes were tragically real

The children were playing in the street with toy guns
Boozy, ignorant, intolerant, but very polite – The British, as others see us

Britain as others see us

Boozy, ignorant, intolerant, but very polite
How did our legends really begin?

How did our legends really begin?

Applying the theory of evolution to the world's many mythologies
Watch out: Lambrusco is back on the menu

Lambrusco is back on the menu

Naff Seventies corner-shop staple is this year's Aperol Spritz