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Gun death family can sue police | Gun death family can sue police |
(20 minutes later) | |
The family of a man who was shot dead by Sussex Police while naked and unarmed can sue the force for unlawful killing, Law Lords have ruled. | The family of a man who was shot dead by Sussex Police while naked and unarmed can sue the force for unlawful killing, Law Lords have ruled. |
James Ashley, 39, from Liverpool, was shot 10 years ago as he got out of bed at his flat in Hastings which officers had a warrant to search. | James Ashley, 39, from Liverpool, was shot 10 years ago as he got out of bed at his flat in Hastings which officers had a warrant to search. |
The policeman who fired the fatal shot was tried for murder and acquitted. | The policeman who fired the fatal shot was tried for murder and acquitted. |
The force had argued the killing was the result of an honest mistake by the officer who thought he would be shot. | The force had argued the killing was the result of an honest mistake by the officer who thought he would be shot. |
The senior Law Lord, Lord Bingham, said the family of Mr Ashley had an "arguable claim" against the police for assault. | |
The family are absolutely relieved. We're just over the moon, it's unbelievable Pauline Ashley | |
He said there was no reason in principle why a civil action should not proceed without throwing doubt on the officer's innocence. | |
The officer who fired the fatal shot, Pc Christopher Sherwood, had been cleared at a criminal trial. | |
The Chief Constable of Sussex, Martin Richards, had admitted negligence but challenged the right of the family to bring a further civil action against the force. | |
Speaking after the ruling, Mr Ashley's sister, Pauline, described the result as "fantastic". | Speaking after the ruling, Mr Ashley's sister, Pauline, described the result as "fantastic". |
Ms Ashley, 45, from Dingle, Liverpool, said: "We have been fighting for this for the last 10 years. | |
"The fact that we have actually been able to come this far makes it a landmark ruling," she said. | |
Drugs raid | Drugs raid |
"The family are absolutely relieved. We're just over the moon, it's unbelievable. | |
"It's a great day for the little person on the street." | |
She added: "We've come so far but at times we thought we couldn't go through with it. But it was such a brutal killing that we needed to carry on." | |
Jane Deighton, solicitor for the family, said: "It is a tremendous vindication of both the courage of the family and the court in upholding that claimants can go to the courts for a judgment and not just use it to get money. | |
"It is a defeat for the [now retired] chief constable of Sussex who spent the last 10 years trying to manoeuvre the Ashleys out of court." | "It is a defeat for the [now retired] chief constable of Sussex who spent the last 10 years trying to manoeuvre the Ashleys out of court." |
Mr Ashley died when armed police carried out a drugs raid on his flat in Western Road, St Leonards, Hastings, on 15 January 1998. | Mr Ashley died when armed police carried out a drugs raid on his flat in Western Road, St Leonards, Hastings, on 15 January 1998. |
Pc Sherwood claimed he had, mistakenly, believed that Mr Ashley was pointing a gun at him and was about to shoot him. | |
He was cleared of unlawful killing after he said he had fired in self defence. | He was cleared of unlawful killing after he said he had fired in self defence. |