How to be lawfully killed

December 3, 2008

Jean Charles de MenezesBoard­ing a tube train whilst Brazilian hasn’t yet been estab­lished as suf­fi­cient reason to be law­fully killed, but Sir Michael Wright, the cor­oner in charge of the inquest into the death of Jean Charles de Menezes, has at least ruled that shoot­ing dead a pas­sen­ger going about their every day busi­ness on pub­lic trans­port is not “unlawful.”

The cor­oner in the case of Harry Stan­ley, shot dead by the Met, sim­il­arly restric­ted the jury ver­dict, prompt­ing this piece from Paul Foot:

The case for abol­ish­ing cor­on­ers has been made even stronger by the shock­ing case of Harry Stan­ley. Harry was shot dead from behind by police officers as he walked home from a pub car­ry­ing a repaired table leg in a car­rier bag.

The cor­oner at the inquest last week was Dr Stephen Chan, who was for 10 years a forensic med­ical exam­iner for the Met­ro­pol­itan police. The case was a grot­esque illus­tra­tion of the coroner’s omni­po­tence: the cor­oner decides who gives evid­ence, he decides what invest­ig­a­tions will be car­ried out, he leads the ques­tion­ing of the wit­nesses and he tells the jury what ver­dicts they can bring in.

Dr Chan turned down an applic­a­tion for an inde­pend­ent forensic expert to give evid­ence about the Stan­ley shoot­ing. He ruled out a ver­dict of unlaw­ful killing, leav­ing the jury with a choice between “law­ful killing” and an open ver­dict. Their unan­im­ous open ver­dict was a slap in the face for the police — and for the coroner.

When a senior police officer blur­ted out that Harry Stan­ley had crim­inal con­vic­tions, Dr Chan ordered them to be read out. Tim Owen, QC for the Stan­ley fam­ily, poin­ted out that the police sharp­shoot­ers had said they had no idea who they were shoot­ing, and that any pre­vi­ous con­vic­tions were irrel­ev­ant. Dr Chan told the bar­ris­ter to sit down, observing: “Your objec­tion is noted.” Also noted, replied Mr Owen, “is your inab­il­ity to give a ruling.”

Irene Stan­ley, Harry’s widow, has been wait­ing for an inquest for three years. She left the court utterly dis­gus­ted with the cor­oner. “I came here for justice,” she said, “but didn’t get a sniff of it from him.”

Paul Foot The Guard­ian, June 26, 2002

Of course, in the Stan­ley case, a second inquest did come up with a ver­dict of unlaw­ful killing — but it was over­turned in the High Court.

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