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The body of Jean Charles de Menezes after he was shot by police on the Northern line
The body of Jean Charles de Menezes after he was shot by police on the Northern line

The open verdict that helps the Met not a jot

Andrew Gilligan
15.12.08

BY DENYING the De Menezes inquest jury a verdict of unlawful killing, Sir Michael Wright, the coroner, was probably trying to do the police a favour. But the real loser from his clumsy manoeuvre is not the De Menezes family. It's the Met.

Short of holding up a giant Noel Edmonds-style V-sign in court and throwing paper darts at the bench, jury members could scarcely have done more to show their contemptuous disagreement with the police and their ally, Sir Michael.

We may allow that this was no "murder", as more excitable campaigners claim; we may accept that the officers who shot Jean Charles de Menezes honestly believed him a suicide bomber, and believed that killing him was the only way to save their own and other people's lives - though the jury, in fact, accepted none of these things.

But unlawful killing doesn't have to mean murder. There is such a thing as "gross negligence manslaughter", where a death is the direct result of unintentional but avoidable and serious failings. The misdirection of those unfortunate firearms officers about their target, the indefensible confusion of the nearly 35 minutes between De Menezes leaving home as "probably not" a suspect and being killed as a "definite" suicide bomber - that is where the real culpability lies, at the command level.

The Met argued that its failings were a combination of lots of different people's mistakes, and no one individual's errors went over the threshhold of gross negligence. That may or may not be so - but it is precisely the sort of issue that juries are there to consider.

Sir Michael is already being mentioned in the same breath as that legend of judicial Dulux, Lord Hutton; this strikes me as harsh. He is more like the judge in the Ponting secrets case who alienated another jury by too overt a display of support for the authorities.

If Sir Michael had allowed the jury a full range of choices, they might possibly have come back with a "real" open verdict. But the open verdict they reached now has the same moral force as a verdict of unlawful killing, and the De Menezes family have essentially what they wanted and deserved. For the police, by contrast, it could not have been worse.

Even a "proper" unlawful killing verdict would have brought the Met some sort of closure by forcing it to do what it has still not done, fully and sincerely confront the manifest enormities of the De Menezes case.

Instead the sore continues to bubble and fester; and we are still, incredibly, hearing the same wretched excuses from the likes of Ken Livingstone about "tremendous pressure" and "split-second decisions". As the jury ruled, the police mistakes were caused not simply by the pressure they were under but by foreseeable and systemic failings over not seconds, but more than half an hour. After this inconvenient triumph for the jury system, ministers may try to revive plans for secret, juryless inquests in "national security" cases. This must be resisted. And how bizarre it is that for Labour the main current policing "scandal" is not De Menezes at all but Boris Johnson's statements over Damian Green.

The Mayor faces disciplinary action for questioning an abuse of police power in a case apparently without a crime. But over the killing of an innocent - where the Met has already been convicted by an Old Bailey jury and effectively accused of lying by an inquest jury - not a single officer has been disciplined, or ever will be. They are the untouchables. Such is the looking-glass London we live in.

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Reader views (10)

 Add your view

With Command comes Responsibility. A Commander can delegate Authority but not Responsibility. Those in Command that day have not lived up to the tenants of Leadership. The Command Team that day are the ones to be held to account for the actions of C12 and C2.

- Donnie, Canada

The Met is a violent, underachieving, corrupt force without a shred of integrity left, but what can we do?

- Kerry Trubee, Purley

If you sacked ALL transport workers you would still not save over £2 billion pounds so what capital spending projects (real and not UNFUNDED) does Boris plan to cut.

Given the mayoral election was only 7 months ago why were Londoners not told of the policy to make major cuts in transport spending while increasing fares. (i.e Same old tory policies that Horace Cutler made when he was leader of the GLC).

As for staff cuts then Gilligan needs to be replaced as he cant complain about the mess Boris is making as he helped get him elected.

- Melvyn Windebank, Canvey Island, Essex

I cannot recall now the numbers of people over the past 20 years who have been shot to death by the police but I think it totals over 20? Not one police man have ever been found guilty.
In this current case, there is obvious evidence that some of the police lied. Evidence that Madam Dick was wrong in her instructions.
I sincerely hope now that the Menezes family will take out a civil action and force the police to be more open.

- Jaberwokie3, switzerland

Let`s assume that a policeman had died in such circumstances. Would we have had the same warped inquest and establisment white-wash ? No. the shooter would by now be serving a long jail sentence.
The fact that no-one has even been charged shows that justice has not been served.

- Keith Ducain, Dagenham, UK

Quote -

"the Met has already been convicted by an Old Bailey jury and effectively accused of lying by an inquest jury."

We are told that the effects of the current economic recession will take a long time to wear off; so will the effects of the recent failures of the Met. The loss of public confidence is vast and should be acknowledged.

- Steve.W, B'ham UK

Can someone please explain the point of Jury hearings if that Jury is told what or what not verdicts are allowed? As the writer says, the Met are the losers over the verdict; we can only hope the family of de Menezes now take the matter to higher legal levels so that the truth will out.

- Jon Kent, Hertford. UK

"how bizarre it is that for Labour the main current policing "scandal" is not De Menezes at all but Boris Johnson's statements over Damian Green.." Spot on Mr Gilligan, and further evidence of how Liebour and Talibroon are outrageously politicising the police force (sic)

- Ken Pottinger, France

I grew up in the farthest corner of the old Empire and,, like most of my peers, believed that 'Us British' could be proud of the fairest and most honest civil administrators in the world, wherever in it the British assumed control - it had to be true because our parents and our teachers told us it was.
Eventually, as we grew up and read histories written by those from cultures other than British, the scales began to fall from our eyes. Now, as a resident of modern Britain, I am horrified that whitewash is applied here so thickly and so often. It seems that most 'enquiries' are nothing more than an exercise in persuading the population that the king is rightly and properly dressed in his new clothes.
Sadly, as the author rightly points out, this latest application of whitewash will not assist the Met. to sort out their procedures. Nor will it do much to persuade the average citizen of the ready availability of justice, which obviously remains "available on the same basis as dinner at The Ritz"..

- Kiwi Expat, London, UK

"We may allow that this was no "murder", as more excitable campaigners claim; we may accept that the officers who shot Jean Charles de Menezes honestly believed him a suicide bomber, and believed that killing him was the only way to save their own and other people's lives..." - but perjury is a wicked, premeditated act and a serious criminal offence which must be penalised.

- Jean, London, UK


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