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| IPCC wants to overturn its own report on Jordan Begley Taser death IPCC wants to overturn its own report on Jordan Begley Taser death | |
| (12 days later) | |
| The Independent Police Complaints Commission is asking the high court to quash its own report clearing police officers of any serious wrongdoing following the death of a man shortly after he was Tasered. | The Independent Police Complaints Commission is asking the high court to quash its own report clearing police officers of any serious wrongdoing following the death of a man shortly after he was Tasered. |
| Jordan Begley, 23, a factory worker from Gorton, Manchester, died in July 2013 two hours after being shot at his home with a 50,000-volt stun gun from a distance of 70cm (28in). He was also punched and restrained by armed officers, who believed he had a knife. | Jordan Begley, 23, a factory worker from Gorton, Manchester, died in July 2013 two hours after being shot at his home with a 50,000-volt stun gun from a distance of 70cm (28in). He was also punched and restrained by armed officers, who believed he had a knife. |
| In the first case of its kind, lawyers for the IPCC told two judges sitting in London that the report on the investigation into Begley’s death was legally flawed and there should be “a new and lawful” investigation. | In the first case of its kind, lawyers for the IPCC told two judges sitting in London that the report on the investigation into Begley’s death was legally flawed and there should be “a new and lawful” investigation. |
| The 2014 report under challenge concluded that no officers should be prosecuted or face misconduct proceedings. The officers involved are opposing the IPCC request to have the report overturned. | The 2014 report under challenge concluded that no officers should be prosecuted or face misconduct proceedings. The officers involved are opposing the IPCC request to have the report overturned. |
| Jeremy Johnson QC, appearing for both the IPCC and its chief executive, said there had been “a serious departure” from statutory requirements, and the investigator who prepared the report had not applied the correct legal test and had not accurately summarised the evidence, or attached or referred to all relevant documents from the investigation. | Jeremy Johnson QC, appearing for both the IPCC and its chief executive, said there had been “a serious departure” from statutory requirements, and the investigator who prepared the report had not applied the correct legal test and had not accurately summarised the evidence, or attached or referred to all relevant documents from the investigation. |
| The QC told Lord Justice Elias and Mr Justice Males that a new investigation was the appropriate way of vindicating the right of Dorothy Begley, the mother of the dead man, to a proper inquiry under article 2 of the European convention on human rights. | The QC told Lord Justice Elias and Mr Justice Males that a new investigation was the appropriate way of vindicating the right of Dorothy Begley, the mother of the dead man, to a proper inquiry under article 2 of the European convention on human rights. |
| An inquest jury delivered a narrative verdict in July 2015, saying Begley had been “inappropriately and unreasonably” Tasered and restrained. The jury found officers were “more concerned with their own welfare” than Begley’s. | An inquest jury delivered a narrative verdict in July 2015, saying Begley had been “inappropriately and unreasonably” Tasered and restrained. The jury found officers were “more concerned with their own welfare” than Begley’s. |
| Ms Begley, who attended the high court hearing on Wednesday, said: “It has been more than three years and I am still fighting for someone to say sorry for destroying my family and taking my son’s life. | Ms Begley, who attended the high court hearing on Wednesday, said: “It has been more than three years and I am still fighting for someone to say sorry for destroying my family and taking my son’s life. |
| “I will fight on no matter how long it takes. I will never give up.” | “I will fight on no matter how long it takes. I will never give up.” |
| Johnson said the 2014 report had inadequately dealt with evidence on whether the five officers involved should face misconduct proceedings. The report did not summarise contradictory statements from the officers on the position of Begley’s hands before he was Tasered. | Johnson said the 2014 report had inadequately dealt with evidence on whether the five officers involved should face misconduct proceedings. The report did not summarise contradictory statements from the officers on the position of Begley’s hands before he was Tasered. |
| The issue was potentially important to the question of whether the officers’ use of force was justified because of fears that Begley had a knife when they were called to his home, said Johnson. | The issue was potentially important to the question of whether the officers’ use of force was justified because of fears that Begley had a knife when they were called to his home, said Johnson. |
| One officer had said Begley’s hands were in his pockets while another said they were clenched in fists. | One officer had said Begley’s hands were in his pockets while another said they were clenched in fists. |
| The report also did not summarise evidence that one of the officers had said he delivered two “distraction strikes” to Begley and that this “knocked the wind” out of him while efforts were continuing to subdue him. This was also relevant to the question of whether excessive force had been used. | The report also did not summarise evidence that one of the officers had said he delivered two “distraction strikes” to Begley and that this “knocked the wind” out of him while efforts were continuing to subdue him. This was also relevant to the question of whether excessive force had been used. |
| Johnson argued that these failures in the report meant Greater Manchester police and the IPCC commissioner did not have a sufficient summary of the evidence to make the decisions they were required to make. | Johnson argued that these failures in the report meant Greater Manchester police and the IPCC commissioner did not have a sufficient summary of the evidence to make the decisions they were required to make. |
| Hugh Davies QC, appearing for the officers, argued that no compelling basis had been demonstrated for a reinvestigation. | Hugh Davies QC, appearing for the officers, argued that no compelling basis had been demonstrated for a reinvestigation. |
| He said: “No credible witness has established a case of misconduct against the officers during what was a violent and threatening event.” There was no dispute over the level of threat posed by Begley, and that was why his mother had called the police. | He said: “No credible witness has established a case of misconduct against the officers during what was a violent and threatening event.” There was no dispute over the level of threat posed by Begley, and that was why his mother had called the police. |
| “On any view of the evidence, Jordan Begley represented a serious threat to members of the public outside and may have been armed with a knife,” said the QC. “Police are trained to treat somebody suspected of having a knife as having one until the contrary is demonstrated.” | “On any view of the evidence, Jordan Begley represented a serious threat to members of the public outside and may have been armed with a knife,” said the QC. “Police are trained to treat somebody suspected of having a knife as having one until the contrary is demonstrated.” |
| Davies said a further investigation would be unfair because of the delay involved. Four of the officers had already been placed on restricted duties, on and off, for more than three years at an important stage of their careers. | Davies said a further investigation would be unfair because of the delay involved. Four of the officers had already been placed on restricted duties, on and off, for more than three years at an important stage of their careers. |
| Reserving judgment, Elias said the court would take time to consider its decision. | Reserving judgment, Elias said the court would take time to consider its decision. |