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Judge: Inquiry into shooting of barrister was lawful

By Terri Judd
Saturday, 11 October 2008

A High Court judge has dismissed a claim by the family of the barrister Mark Saunders that the investigation into his killing by police was unlawful.

The 32-year-old divorce lawyer died of multiple bullet wounds in May after a five-hour stand-off at his £2.2m Chelsea flat. Mr Saunders had been shooting at police officers, neighbours and buildings with a shotgun, though his family believe he no longer posed a risk when he was gunned down.

Lawyers representing his sister, Charlotte, told a hearing last month that the Independent Police Complaints Commission (IPCC) inquiry was flawed because officers involved in the siege at the lawyer's flat were allowed to confer before recording their accounts.

Yesterday, Mr Justice Underhill agreed that allowing officers to confer meant there was a danger that the opportunity for collusion could become institutionalised. But, as well as dismissing the key claim, he also rejected the family's request that he make a declaration that there had been an unlawful failure to disclose sufficient information in the course of the investigation into the shooting. The judge gave permission for the family to appeal.

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