Tuesday, December 2, 2008 - 17:20
AFP News Briefs ListMistaken killing of Brazilian not unlawful: British coroner
Jurors at an inquest into the death of an innocent Brazilian mistakenly shot by British police during an anti-terror operation cannot decide that he was killed unlawfully, a coroner said Tuesday.
The former High Court judge in charge of the London inquest into the death of Jean Charles de Menezes told the jury that they can only reach a verdict of lawful killing or an "open verdict" -- a finding of death without stating the cause.
After seven weeks of evidence in the closely-watched case, coroner Michael Wright told the jury that a verdict of unlawful killing was "not justified".
De Menezes was shot seven times in the head at a London Underground train station on July 22, 2005, the day after a failed attempt to replicate the attacks on July 7 when four suicide bombers killed 52 innocent people.
Police had followed the 27-year-old electrician onto an Underground train in the mistaken belief that he was failed suicide bomber Hussain Osman, who was then on the run and lived in De Menezes's block of flats.
The coroner told the 11 jurors that they must set aside any emotion over the killing, and stressed that their verdict could not be inconsistent with a trial last year which spared senior police officers of individual blame.
Noting that De Menezes's mother had listened to much of the harrowing evidence, he 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 emotions -- put them to one side."
The coroner underlined that his instruction ruling out unlawful killing did not mean that police were absolved.
"In directing you that you cannot return a verdict of unlawful killing, I am not saying that nothing went wrong on a police operation which resulted in the killing of an innocent man," he said.
But a verdict of unlawful killing could only be considered in the case of a very serious crime, such as murder or manslaughter, he said, adding that the evidence did "not allow" him to offer it as a possible verdict.
Scotland Yard was heavily criticised in a report in August 2007 on the mistaken killing, although then Metropolitan Police chief Ian Blair himself escaped censure.
The pressure mounted on him in November last year after his police force was found guilty of breaching health and safety laws in the shooting, although Deputy Assistant Commissioner Cressida Dick, who oversaw the operation which led to De Menezes's death, was cleared of personal blame.
Over the course of the inquest, jurors heard from a total of 100 witnesses, including the two police officers who actually shot De Menezes at Stockwell Underground station.
One of the two, identified only by the codename C12, broke down in court when he testified that he was convinced the Brazilian man was a suicide bomber about to strike.
Separately, another officer, who was only identified as James, admitted that obvious "failings" led to De Menezes's shooting, and added that he could have been stopped safely before he was killed.
The coroner asked jurors to consider four questions, in addition to the two available verdicts.
These concerned whether the police gave warning before shooting De Menezes; whether he stood up, or moved towards one of the armed officers before being grabbed; and which specific factors led to his death.
Images
A coroner has told jurors at an inquest into the death of Jean Charles de Menezes that they cannot decide that the Brazilian was unlawfully killed by police in 2005. De Menezes was mistakenly shot during an anti-terror operation.
© 2007 AFP
Images
A demonstrator demands justice for Jean Charles de Menezes during a protest in September 2008. The Brazilian was mistakenly shot in an anti-terror operation. A coroner has told jurors at an inquest into the death of de Menezes that they cannot decide that the Brazilian electrician was unlawfully killed by police in 2005
© 2007 AFP Shaun Curry

