Unlawful killing verdict denied in Menezes case

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

Unlawful killing verdict denied in Menezes case

Former High Court judge, Sir Michael Wright, began summing up seven weeks of evidence by telling jurors they can only 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 killing of the innocent Brazilian. 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 Metropolitan Police’s health and safety trial, which spared Deputy Assistant Commissioner Cressida Dick of personal blame.

Regard the Brazilian’s mother, Maria Otone de Menezes, the coroner said: “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.”

It is the last stage before the 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 heard accounts from witnesses on board the carriage where the shooting took place.

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.

In addition to the two verdicts available, jurors will consider a series of questions, including which factors led to his death, among them:

* The pressure on police after the suicide attacks.

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

* The difficulty in providing identification of the man under surveillance.

* The innocent behaviour of Mr de Menezes increasing suspicion.

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

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

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