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| Gun death family can sue police | Gun death family can sue police |
| (about 3 hours 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 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 class="" href="/1/hi/uk/7362599.stm">Ashley was naked and unarmed | |
| Lord Bingham said it could in principle succeed, even though 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. | 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 on Wednesday, acting Assistant Chief Constable Graham Cox said: "Sussex Police has always expressed its regret for the shooting of James Ashley. | |
| "The force has admitted its negligence and has always been prepared to pay compensation to the claimants." | |
| 'Landmark ruling' | |
| He added that Sussex police would be consulting with their legal team before they decided the best way to proceed. | |
| Commenting 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. | 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. | "The fact that we have actually been able to come this far makes it a landmark ruling," she said. |
| "The family are absolutely relieved. We're just over the moon, it's unbelievable. | "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." | "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." | 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." |
| Drugs raid | |
| 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. | 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. | 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. |