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The inquest into the death of Brazilian Jean Charles de Menezes will be held in September, it has been announced.
The electrician, 27, was shot dead by Metropolitan Police officers at Stockwell Tube station, after being mistaken for a terrorist, in July 2005.
Sir Michael Wright QC has been appointed to oversee the hearing into Mr de Menezes's death.
Southwark coroner John Sampson said the inquest would begin on 22 September and was expected to last three months.
It will take place at Southwark Coroner's Court.
Family at hearing
Calls had been made for the inquest to be held at a larger venue but Mr Sampson said the hearing had to be held within the London boroughs of Lambeth, Southwark, Lewisham or Greenwich and, despite extensive inquiries, no larger courthouses or local authority properties were available.
Several members of Mr Menezes's family were present at the inquest pre-hearing, as well as their solicitor Harriet Wistrich and barrister Michael Mansfield QC.
Representatives of the Justice4Jean Family Campaign, who have campaigned for the inquest to be heard as early as possible and at the High Court, were also present.
Mr de Menezes was shot dead by counter-terrorist police who mistook him for suicide bomber Hussain Osman.
His family believes an inquest could throw fresh light on how the Brazilian met his death.
Police fined
The de Menezes family is unhappy that no single police officer was held to account for the death.
Eleven other Metropolitan Police officers originally questioned under caution had already been told they will not be punished.
But a health and safety prosecution convicted the Met of a catastrophic series of errors over the shooting which led to it being fined £175,000 with almost £400,000 in costs.
In 2006, Mr Sampson agreed to delay the inquest until criminal proceedings against Scotland Yard were completed.
An attempt by the family to stop Director of Public Prosecutions Sir Ken Macdonald postponing the inquest later failed.
Human rights group Amnesty International has called for the inquest to be resumed "without further delay".
Representative for the De Menezes family, Yasmin Khan, said news of the inquest was welcome but she said the date should not be allowed to slip.
"The family's lives have been put on hold since his death and we are looking for the earliest possible inquest."
She added: "It is the only opportunity for the family to ask the questions they need answers to."
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QUOTE
Calls had been made for the inquest to be held at a larger venue but Mr Sampson said the hearing had to be held within the London boroughs of Lambeth, Southwark, Lewisham or Greenwich and, despite extensive inquiries, no larger courthouses or local authority properties were available.
That seems rather difficult to believe....
This post has been edited by Staraker on Feb 13 2008, 08:36 AM
Calls had been made for the inquest to be held at a larger venue but Mr Sampson said the hearing had to be held within the London boroughs of Lambeth, Southwark, Lewisham or Greenwich and, despite extensive inquiries, no larger courthouses or local authority properties were available.
That seems rather difficult to believe....
Doesn't it just. I'm reminded of this story re: 7/7 Inquests.
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QUOTE
From The Times April 24, 2008 Police seek inquest anonymity in Jean Charles de Menezes case Sean O’Neill, Crime and Security Editor
More than 40 Metropolitan Police officers are seeking anonymity before they give evidence at the inquest of Jean Charles de Menezes.
Applications to protect the identities of 42 officers, including the two who fired the shots that killed the Brazilian, have been made to Sir Michael Wright, QC, the retired judge who will preside at the inquest in September. A spokesman for the de Menezes family accused the police of making “a desperate attempt to evade accountability” and called for the inquest to be open and transparent.
The Times understands that most of the officers seeking protection are members of the surveillance and specialist firearms teams that were on duty in South London on the day of the shooting. If called to give oral evidence, they want to do so from behind screens using assumed names.
Sir Michael will hear the applications at a preinquest hearing this week at Southwark Coroner’s Court.
Mr de Menezes, 27, an electrician, was shot on July 22, 2005, after police mistook him for a suicide bomber. He was followed from an address in Tulse Hill, South London, that was associated with Hussain Osman, one of the men who had tried to detonate a suicide bomb on the London Underground the previous day.
Surveillance officers were uncertain about his identity and tailed him as they waited for firearms support. But Mr de Menezes entered Stockwell Tube station and an order was given to stop him.
Armed officers caught up with Mr de Menezes, who had boarded a train. One officer pinned his arms to his sides while two others pressed their handguns to his head and shot him.
The Metropolitan Police was fined £175,000 last year after being found guilty of breaches of health and safety law in relation to the shooting. The officers who fired the shots were not called as witnesses but a number of others testified anonymously.
A spokesman for the Justice4Jean Campaign said: “Over the past three years Jean’s family have endured pictures of Jean lying dead on the floor of a London Tube [train] – it is outrageous that the officers responsible now want to hide behind screens when giving evidence.
“This inquest is the family’s opportunity to hold officers to account for their actions and this must be done in an open and transparent manner. An innocent man was shot dead and officers have a duty to account for their actions in a court of law. It is paramount that justice is seen to be done.
“The Metropolitan Police have always defended their actions, we therefore question why so many officers are attempting to shield their identity?”
Peter Smyth, chairman of the Metropolitan Police Federation, said that the officers were seeking to protect their identities because of the nature of their work. “Their ability to work in these types of operation could be compromised if their identities are known and if their photographs were to be taken and published,” Mr Smyth said. “It costs a lot of money to train these guys and if their cover is blown then you have to train someone else to take their place.”
Scotland Yard said that the decision on anonymity was a matter for the coroner. A spokesman said: “In the region of 40 police officers have requested anonymity but, as in the health and safety prosecution, many other officers have not sought it.”
The four men jailed for life last year for the attempted bombings in London on July 21, 2005, were refused leave to appeal against their convictions by three judges at the Court of Appeal yesterday.
The family of Stockwell Tube police shooting victim Jean Charles de Menezes has received more than 3,000 pages of evidence, a pre-inquest hearing has heard.
Deputy assistant coroner Sir Michael Wright QC said thousands of pages of statements, exhibits and other documents have already been served on those involved.
Because of the sheer volume, the retired High Court judge suggested that it may not start on time.
He also said Southwark Coroner's Court would not be a suitable venue for the three-month inquest which is due to start on September 22.
Sir Michael made a brief opening statement before excluding the press and public so "sensitive" matters could be discussed.
These include applications by 42 Metropolitan Police officers, including the two men who fired the shots that killed Mr de Menezes, to give their evidence anonymously.
The de Menezes family are unhappy no individual officer has taken responsibility for the 27-year-old's death despite the prosecution of the Metropolitan Police last year.
The force was convicted at the Old Bailey of a catastrophic series of errors over the shooting and fined £175,000 with a legal costs bill of almost £1 million.
An Independent Police Complaints Commission report published after the case laid bare poor communication and blunders within Scotland Yard.
The conviction and reports fuelled calls for Commissioner Sir Ian Blair to resign, but the country's most senior officer clung on to his job.
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QUOTE
Sir Ian Blair under renewed pressure over shooting of Jean Charles de Menezes
By Richard Edwards, Crime Correspondent, and Robert Winnett Last Updated: 12:37AM BST 18/07/2008
Sir Ian Blair is under renewed pressure over the shooting of innocent Brazilian Jean Charles de Menezes after the release of a new report which criticises the hierarchy at Scotland Yard.
An 87-page review by the Metropolitan Police Authority says the shooting was a "tragedy that should never have happened, whatever the circumstances were at the time".
It criticises inward-looking and top-heavy management at the Met and calls for a "cultural shift amongst the senior ranks".
The report adds that "sustained leadership" is needed to move away from a "'silo' based culture to one that recognised the contributions that can be made from across the organisation".
Mr de Menezes was shot dead by Metropolitan Police firearms officers at Stockwell Tube station in July 2005 after he was mistaken for a suicide bomber.
It came amid a massive manhunt the day after four failed bombers went on the run when their explosives failed to detonate around the capital.
The review does not single out Sir Ian for criticism, but Scotland Yard insiders admit the pressure is building on the Met Commissioner before an inquest into the death of Mr de Menezes in September. They believe that his position could be untenable if a verdict of unlawful killing is returned.
The MPA report makes 34 recommendations and calls for a change in the way police officers make notes together and confer before making statements about incidents.
Frontline officers involved in the Stockwell shooting had more than a day to time to write their statements - by which time they knew they had got the wrong man. In addition, they were all together when they made their notes.
This is normal practice for police but the MPA calls for change. It says that while there was no evidence of officers acting improperly, the practice is "clearly open to misinterpretation and suspicion".
The report says: "The panel believes that conferring on notes causes more problems than it solves, and may be counterproductive for the individual officers concerned. On this basis, we recommend that the practice is stopped."
The document is the third official report into the shooting and its aftermath, and follows an Old Bailey trial last year in which the Met was found guilty of breaching health and safety laws by allowing a suspected suicide bomber to board a bus and then a tube.
It aimed to scrutinise the recommendations made in two reports by the Independent Police Complaints Commission and see whether improvements have been made.
It concludes that the Met has made "substantial progress" in learning its lessons. But it admits that there are still some concerns over the complex command structures at Scotland Yard, and questions over the firearms team and surveillance teams involved.
Referring to the Olympic Games in London in 2012, it warns: "Many of the issues that faced the Met in July 2005 ... are likely to present themselves again in 2012, if not before, and potentially on a far larger scale."
In response, a spokesperson from the Met said: "We are determined that future incidents and events - from unplanned armed counter terrorist operations to planning for the London Olympics in 2012 - will benefit from the learning from Stockwell.
We believe that the changes we have implemented reflect this, including the further steps we've taken since the MPA Stockwell Scrutiny was conducted. We will of course respond to its 34 recommendations when we have had the opportunity to study them in more detail."
The MPA also claimed that it had worked with Her Majesty's Inspectorate of Constabulary (HMIC) during the review but there were gaps in their combined knowledge of what happened during the events leading up to the incident.
As a result, the MPA said it could not be "completely reassured that the MPS response is as comprehensive as it needs to be".
"It cannot be right that three years later, there is still no definitive account of what happened on July 22nd 2005," the review claims.
81) Finally under this section, we deal with the issue of the use of CCTV belonging to Transport to London (TfL) for the assistance of police operations. The IPCC Stockwell One Report referred to various issues relating to the retrieval of CCTV material after 22 July. Whilst we welcome the findings of their investigation it remain of concern to us that the systems were so poorly maintained.
82) During our scrutiny, we were surprised to learn that in Room 1600 that although there is access to TfL transport CCTV, there is no possibility of control of TfL transport CCTV. Further, it appeared to us that there were no firm arrangements in place for liaison with TfL at a senior level. So questions about the possibility of stopping bus movements, which was an issue for a period on 22 July, were dealt with on an ad hoc basis. Our view is that there is a need for protocols between MPS and TfL to provide MPS with access to, and when necessary control of, road CCTV cameras for the purposes of operational intelligence and control, and some systematic arrangements for operational liaison between the MPS control room and TfL operating controllers.
RECOMMENDATION (12) that immediate steps are taken to establish protocols between MPS and TfL to provide MPS with immediate access to, and when necessary control of, road CCTV cameras for the purposes of operational intelligence and control, and to secure systematic operational liaison between the MPS control room and TfL operating controllers. This will necessitate a commitment from TfL that they establish and meet agreed service standards for the reliability of the CCTV installed on their buses, underground trains and stations. We will be asking the Mayor to take this action forward.
QUOTE
RECOMMENDATIONS (18) that as a matter of principle, IPCC protocols and practices should be clear and consistent, so that officers are reassured, that any officer involved in a fatal shooting is regarded as an important witness, and not as a suspect unless or until there is evidence of an offence by an officer.
(19) that the practice of allowing officers to confer in the preparation of their notes is discontinued and procedures put in place to facilitate genuinely independent recollections. The MPS should review the provisions of the Met Standard Operating Procedure for use of firearms, and ACPO should review the Firearms Manual to reflect this change.
(20) that in the meantime whilst the review is underway, current practice should be amended so that the exercise is captured on video and audio tape. Safeguards should be put in place to ensure no inappropriate use of the material in subsequent investigations.
21) that MPS in conjunction with HMIC and MPA should move forward to change its own procedures in the event that ACPO decides not to make a change.
(22) that the MPS engage with the Police Federation during the process and if necessary move gradually but firmly over a period of time from the present practice to a more transparent practice.
This post has been edited by amirrortotheenemy on Jul 20 2008, 11:59 PM
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BLG to take Menezes shooting inquest role
Author: Claire Ruckin
Published: 23/07/2008 13:19
Barlow Lyde & Gilbert has been appointed as the solicitors to the inquest into the death of Jean Charles de Menezes (pictured).
The instruction, which followed a competitive tender process by the Inner London South District Coroner’s Court, will see the firm assume the function of the Coroner’s Office, taking responsibility for the running of the closely-watched and high-profile inquest.
The inquest will begin on the 22 September and last for approximately three months.
The Barlows team is being led by partners David Knapp and John Goodman who will report to the appointed coroner Sir Michael Wright.
The inquest, which will look into the shooting of Brazilian national Jean Charles de Menezes - who was shot on the 22 July, 2005, in London after police mistook him for a suicide bomber, will be heard at the Oval.
In addition, 6 King’s Bench Walk’s Nicholas Hilliard QC is also advising the coroner.
BLG partner David Knapp commented: “It is unusual that a firm of solicitors will be instructed to assist on a coroner’s inquest, but in a case like this, with a large amount of work involved, including a considerable amount of sensitive documents, it was felt the coroner needed his own legal team.”
Other parties involved in the proceedings are being represented by a number of firms including Kingsley Napsley, for the Metropolitan Commander in charge of the operation. The Menezes family is being represented by Tooks Chambers’ Michael Mansfield QC.
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The Murder of Jean Charles de Menezes, the shooting, the inquest & 'inquiry'
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