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Home / World

Damning verdict for London police over shooting

By Cahal Milmo
2 Nov, 2007 04:00 PM3 mins to read

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Jean Charles de Menezes. Photo / Reuters

Jean Charles de Menezes. Photo / Reuters

KEY POINTS:

Some 831 days after Jean Charles de Menezes was shot dead by police, the first public declaration of blame was made when the Metropolitan Police were found guilty yesterday of making 19 catastrophic errors in the operation which led to his death.

The conviction of Britain's biggest police
force at the Old Bailey for failing in its duty to ensure the safety of the public brought immediate calls for Sir Ian Blair, the commissioner of the Metropolitan Police, to resign.

De Menezes, a 27-year-old Brazilian electrician, was killed by armed officers on July 22, 2005, after he was mistaken for one of the men behind the failed suicide attacks on London Transport the day before. Despite two inquiries by the Independent Police Complaints Commission, no charges or disciplinary action have yet been brought against any of the officers involved.

At the dramatic conclusion of an unprecedented four-week trial, the force was convicted of committing a succession of mistakes during a surveillance operation on the block of flats in south London where de Menezes lived.

The failed operation resulted in the Brazilian being allowed to board two buses and a Tube train despite pursuing officers believing that he could be Hussain Osman, one of four fugitive bombers who had lived in the same apartment block.

The court heard that during a six-hour period on July 22, 19 key failings took place that included an "inexplicable" four-hour delay in sending a team from the CO19 firearms unit to support the surveillance team and a critical breakdown in communication in the "noisy and chaotic" control room which led to senior officers, led by "Gold Commander" Cressida Dick, wrongly believing that de Menezes had been identified five times as Osman.

Justice Henriques, the trial judge, said he accepted the botched operation was "very much an isolated breach brought about by quite extraordinary circumstances".

In an unusual move, the jury added a rider to its verdict saying that Dick, now a deputy assistant commissioner, bore "no personal culpability" for the failings that led to de Menezes' death.

But the judge underlined that the Yard had fallen short to a "significant and meaningful extent" and significant aspects of its conduct remained unjustified.

The force was fined £175,000 ($478,000) and ordered to pay costs of £385,000 after it was found unanimously guilty of a single charge of breaching section 3(i) of the 1974 Health and Safety at Work Act, which requires all employers to do everything reasonable to protect the public from harm during their activities. The jury took less than five hours to reach its verdict.

The family of de Menezes expressed fury at the conduct of the Yard and its lawyers during the trial, accusing the police of smearing the Brazilian by suggesting his behaviour and personal life could have contributed to his death.

Police were also accused of manipulating a composite photograph of de Menezes and Osman to make the two men look more alike.

- Independent

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