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| Jury fail to reach verdict in trial of man in Mark Duggan gun case | Jury fail to reach verdict in trial of man in Mark Duggan gun case |
| (4 months later) | |
| A jury in the trial of the man accused of supplying a gun to Mark Duggan minutes before he was shot dead by police has been discharged after failing to reach a verdict. | A jury in the trial of the man accused of supplying a gun to Mark Duggan minutes before he was shot dead by police has been discharged after failing to reach a verdict. |
| Kevin Hutchinson-Foster, 30, denied the charge of "selling or transferring a prohibited firearm" to Duggan, whose shooting in Tottenham, north London, on 4 August 2011 triggered the English riots. | Kevin Hutchinson-Foster, 30, denied the charge of "selling or transferring a prohibited firearm" to Duggan, whose shooting in Tottenham, north London, on 4 August 2011 triggered the English riots. |
| The Crown Prosecution Service said it would seek a retrial. The developments mean the inquest into Duggan's death, which would be the first public airing of the evidence surrounding the shooting, is likely to be delayed from its scheduled start of January 2013. | The Crown Prosecution Service said it would seek a retrial. The developments mean the inquest into Duggan's death, which would be the first public airing of the evidence surrounding the shooting, is likely to be delayed from its scheduled start of January 2013. |
| The jury of seven men and five women at Snaresbrook crown court was unable to reach a verdict after nearly 21 hours of deliberations over four days. At least ten out of the twelve members needed to agree. | The jury of seven men and five women at Snaresbrook crown court was unable to reach a verdict after nearly 21 hours of deliberations over four days. At least ten out of the twelve members needed to agree. |
| During the trial, the prosecution alleged Duggan collected the BBM Bruni Model 92 handgun 15 minutes before he was shot dead. | During the trial, the prosecution alleged Duggan collected the BBM Bruni Model 92 handgun 15 minutes before he was shot dead. |
| The trial saw fresh details emerge of the police account of what happened when officers confronted him on that day. The marksman who shot Duggan said he had "absolutely no doubt" the 29-year-old was holding a gun and preparing to fire. | The trial saw fresh details emerge of the police account of what happened when officers confronted him on that day. The marksman who shot Duggan said he had "absolutely no doubt" the 29-year-old was holding a gun and preparing to fire. |
| The officer, known only as V53, said his account of the shooting was compiled three days later, when he and his colleagues spent more than eight hours sitting in a room together writing their statements. He said they were aware of the rules about officers conferring and had discussed the incident among themselves before writing their statements. | The officer, known only as V53, said his account of the shooting was compiled three days later, when he and his colleagues spent more than eight hours sitting in a room together writing their statements. He said they were aware of the rules about officers conferring and had discussed the incident among themselves before writing their statements. |
| Hutchinson-Foster's defence was that he had not passed the gun to Duggan and that the jury could not be sure the evidence from police officers was correct. | Hutchinson-Foster's defence was that he had not passed the gun to Duggan and that the jury could not be sure the evidence from police officers was correct. |
| The CPS alleged Duggan travelled in a minicab on 4 August to pick up the weapon from Hutchinson-Foster in Leyton, east London, and was being followed by undercover officers. | The CPS alleged Duggan travelled in a minicab on 4 August to pick up the weapon from Hutchinson-Foster in Leyton, east London, and was being followed by undercover officers. |
| As the minicab reached Ferry Lane in Tottenham, officers decided to carry out a "hard stop" – forcing the vehicle to a halt. | As the minicab reached Ferry Lane in Tottenham, officers decided to carry out a "hard stop" – forcing the vehicle to a halt. |
| The jury heard that Duggan and Hutchinson-Foster exchanged four phone calls in the hour before they say the weapon was collected. During a four-minute stop in Leyton, Duggan was seen being handed a shoe box, the court was told. | The jury heard that Duggan and Hutchinson-Foster exchanged four phone calls in the hour before they say the weapon was collected. During a four-minute stop in Leyton, Duggan was seen being handed a shoe box, the court was told. |
| Edward Brown QC, prosecuting, said Hutchinson-Foster admitted using the same gun in an attack on a barber six days earlier. He pistol-whipped Peter Osadebay with the gun at the Lagoon salon on Kingsland Road, Dalston, east London, on 29 July. Traces of Osadebay's blood were found on the gun when it was retrieved from Ferry Lane on 4 August, as was Hutchinson-Foster's DNA, the court heard. | Edward Brown QC, prosecuting, said Hutchinson-Foster admitted using the same gun in an attack on a barber six days earlier. He pistol-whipped Peter Osadebay with the gun at the Lagoon salon on Kingsland Road, Dalston, east London, on 29 July. Traces of Osadebay's blood were found on the gun when it was retrieved from Ferry Lane on 4 August, as was Hutchinson-Foster's DNA, the court heard. |
| The shoebox was found in the minicab and had both Duggan's and Hutchinson-Foster's fingerprints on it, as well as those of Desire Cox, Hutchinson-Foster's girlfriend at the time. The gun was in a black sock with the toe end ripped to expose the barrel, and the heel open to expose the cocking lever at the back. | The shoebox was found in the minicab and had both Duggan's and Hutchinson-Foster's fingerprints on it, as well as those of Desire Cox, Hutchinson-Foster's girlfriend at the time. The gun was in a black sock with the toe end ripped to expose the barrel, and the heel open to expose the cocking lever at the back. |
| The jury heard from an expert witness who had been commissioned by the IPCC as part of their inquiry into the shooting. | The jury heard from an expert witness who had been commissioned by the IPCC as part of their inquiry into the shooting. |
| Professor Jonathan Clasper, an expert in bioengineering and a former army colonel from Imperial College, said an involuntary movement by Duggan, occurring after he was shot, would not explain why the gun was found 10 to 14 feet away from where he fell. | Professor Jonathan Clasper, an expert in bioengineering and a former army colonel from Imperial College, said an involuntary movement by Duggan, occurring after he was shot, would not explain why the gun was found 10 to 14 feet away from where he fell. |
| The jury also heard that Duggan's DNA was not recovered from the weapon or sock, and nor were his fingerprints. His fingerprints were recovered from a shoebox which the gun was alleged to have been carried in. | The jury also heard that Duggan's DNA was not recovered from the weapon or sock, and nor were his fingerprints. His fingerprints were recovered from a shoebox which the gun was alleged to have been carried in. |
| During the trial the officer who shot Duggan gave a dramatic account of the incident. Speaking from behind a screen, V53 said that as the minicab carrying Duggan reached Ferry Lane, a radio order was given to "strike, strike, strike", meaning police in unmarked cars should force the vehicle to stop. The marksman said Duggan came out of the minicab at speed. | During the trial the officer who shot Duggan gave a dramatic account of the incident. Speaking from behind a screen, V53 said that as the minicab carrying Duggan reached Ferry Lane, a radio order was given to "strike, strike, strike", meaning police in unmarked cars should force the vehicle to stop. The marksman said Duggan came out of the minicab at speed. |
| V53 said armed officers shouted "armed police" and "stand still" at Duggan. He did not comply, the jury was told. | V53 said armed officers shouted "armed police" and "stand still" at Duggan. He did not comply, the jury was told. |
| "As I shouted 'armed police', Mark Duggan has turned to face me," said the officer, adding that Duggan was holding the gun at the level of his stomach. "The only way I can describe it … is as an 'oh fuck' moment. He has got a gun and he is going to use it on me. | "As I shouted 'armed police', Mark Duggan has turned to face me," said the officer, adding that Duggan was holding the gun at the level of his stomach. "The only way I can describe it … is as an 'oh fuck' moment. He has got a gun and he is going to use it on me. |
| "Mark Duggan was holding a handgun in his right hand. He was holding the pistol grip or the handle of the gun. I could make out the shape and outline of the gun. I could make out the trigger guard." | "Mark Duggan was holding a handgun in his right hand. He was holding the pistol grip or the handle of the gun. I could make out the shape and outline of the gun. I could make out the trigger guard." |
| The officer said the gun was covered by a sock and he could make out the gun barrel. | The officer said the gun was covered by a sock and he could make out the gun barrel. |
| He said Duggan was moving the barrel away from his body, into the "aim position". Armed with an MP5 submachine gun, the officer said he shot Duggan in the chest to stop him, not to kill him: "I had an honest held belief that Mark Duggan was going to shoot me or one of my colleagues." | He said Duggan was moving the barrel away from his body, into the "aim position". Armed with an MP5 submachine gun, the officer said he shot Duggan in the chest to stop him, not to kill him: "I had an honest held belief that Mark Duggan was going to shoot me or one of my colleagues." |
| After the first shot Duggan made a "flinching movement" but still had the gun in his right hand and V53 fired again, striking the right biceps, the jury was told. | After the first shot Duggan made a "flinching movement" but still had the gun in his right hand and V53 fired again, striking the right biceps, the jury was told. |
| Duggan fell to the floor. Another officer shouted: "I'm hit, I'm hit," after a ricochet from his colleague struck him. The police-issue bullet struck his radio. | Duggan fell to the floor. Another officer shouted: "I'm hit, I'm hit," after a ricochet from his colleague struck him. The police-issue bullet struck his radio. |
| V53 stressed to the jury that he was certain of thiskey aspect of his account, saying he was 100% sure Duggan was holding a gun when challenged by police. | V53 stressed to the jury that he was certain of thiskey aspect of his account, saying he was 100% sure Duggan was holding a gun when challenged by police. |
| The family of Mark Duggan said they felt their loved one had been put on trial during the prosecution case against Hutchinson-Foster. They said many of the claims had not been heard by them before. | The family of Mark Duggan said they felt their loved one had been put on trial during the prosecution case against Hutchinson-Foster. They said many of the claims had not been heard by them before. |
| Shaun Hall, Mark Duggan's brother, said: "It feels like this has been the Mark Duggan trial, except his family has had no representation and without being able to defend himself. | Shaun Hall, Mark Duggan's brother, said: "It feels like this has been the Mark Duggan trial, except his family has had no representation and without being able to defend himself. |
| "People have been allowed to say things in court about Mark and what happened that day without being challenged. We heard things that we had never heard before. As a family we still are no closer to finding out the truth about why Mark was killed." | "People have been allowed to say things in court about Mark and what happened that day without being challenged. We heard things that we had never heard before. As a family we still are no closer to finding out the truth about why Mark was killed." |
| Marcia Willis Stewart, the Duggan family solicitor, said: "The evidence and conclusions of this trial should not prejudice and pre-empt the inquest itself." | Marcia Willis Stewart, the Duggan family solicitor, said: "The evidence and conclusions of this trial should not prejudice and pre-empt the inquest itself." |
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