QC attacks family of barrister killed in police shoot-out as 'too aggressive'

The parents of a barrister who was shot dead by police stormed out of court yesterday after a stinging attack by a lawyer representing the police watchdog.

Rosemary Saunders, 62, and her husband Rod, 64, left in disgust and their daughters Charlotte and Jennifer burst into tears after the family's conduct was strongly criticised and described as 'aggressive'.

The extraordinary scene unfolded at the High Court in London yesterday during a tense legal debate over the investigation into the shooting of Mark Saunders.

The 32-year-old divorce lawyer died after exchanging fire with police from his £2.2million flat in Chelsea at the end of a five-hour siege on May 6.

His family has taken the Independent Police Complaints Commission, the police watchdog, to court in an attempt to prove that the investigation into his death is unlawful.

They are claiming crucial evidence may have been tainted because police officers were allowed to confer together before making their statements.

But yesterday Dinah Rose QC, representing the IPCC, told Mr Justice Underhill that there were 'concerns' over the family's conduct.

'They have not helped in the way they have chosen to conduct themselves,' she said.

'I say this with the greatest respect to the family who have gone through this tragic time but the IPCC is not helped by aggressive correspondence.'

Miss Rose accused Mr Saunders's 26-year-old sister Charlotte of giving misleading statements to the media.

Miss Saunders has claimed that video footage of the siege showed that the fatal police shots were fired more than 20 minutes after her brother last fired his shotgun.

Stand-off: Armed police at the scene of the siege in Markham Square in Chelsea

She has also questioned whether it was necessary for officers to resort to killing him after all the neighbours had been evacuated.

In a clear riposte to these comments, Miss Rose told the High Court: 'Regrettably, it is a matter of very great concern that members of the Saunders family have made statements to the Press purporting to describe the contents of the video evidence.

'It was shown to the sister of Mark Saunders in confidence as part of the attempt to maintain transparency by the IPCC. It is obviously critical evidence and was not seen by the police officers who have made statements.

'What has been made public by the Saunders family is not an accurate picture of what is seen in the video. It is not correct to say that at the moment Mr Saunders was shot that the gun was being held limply in his left hand.'

Shot dead: Barrister Mark Saunders

But Tim Owen QC, representing the family, told the court that they had never been told to keep the content of the video confidential. He said such a suggestion by the IPCC was a 'fundamental mistake'.

The Saunders family decided not respond to the allegations outside court. However, they were understood to be privately furious at what they perceive as a deeply personal attack against them.

During the hearing, Miss Rose argued that it was 'premature' to bring the challenge because the investigation into Mr Saunders' death would not be finished until March next year.

She said this was due to the 'limited resources' of the IPCC and because its budget had been cut this year.

The case centres around the right of police officers to confer when compiling their accounts of an incident. If the Saunders family are successful in their legal action, this practice may be scrapped, changing the face of policing in Britain.

The case is expected to conclude today, but judgment will be reserved until a later date.

• Lawyers for Mr Saunders's wife Elizabeth said she has been in London since the start of the hearing and not on holiday in Italy as reported yesterday.