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Man convicted of supplying gun to Mark Duggan Man convicted of supplying gun to Mark Duggan
(35 minutes later)
A man has been convicted of supplying a gun to Mark Duggan, whose shooting by police triggered the 2011 riots across England.A man has been convicted of supplying a gun to Mark Duggan, whose shooting by police triggered the 2011 riots across England.
Kevin Hutchinson-Foster was found guilty of "selling or transferring a prohibited firearm" to Duggan between 28 July and 5 August last year.Kevin Hutchinson-Foster was found guilty of "selling or transferring a prohibited firearm" to Duggan between 28 July and 5 August last year.
During the trial at the Old Bailey, the prosecution alleged that Duggan collected the BBM Bruni Model 92 handgun 15 minutes before he was challenged by police and shot dead on 4 August 2011.During the trial at the Old Bailey, the prosecution alleged that Duggan collected the BBM Bruni Model 92 handgun 15 minutes before he was challenged by police and shot dead on 4 August 2011.
The case that ended on Thursday was a retrial after a jury in October failed to reach a verdict on which ten of them agreed. The case, which ended on Thursday, was a retrial after a jury in October failed to reach a verdict on which 10 of them agreed.
The trial saw new details emerge of the police account of what happened when officers confronted Duggan in a shooting that had gained national importance. The trial saw new details emerge of the police account of what happened when officers confronted Duggan in a shooting that gained national importance.
The marksman who shot Duggan said he had "absolutely no doubt" the 29-year-old was holding a gun and preparing to fire.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. 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.
He said they were aware of the rules about officers conferring and had discussed the incident among themselves before writing their statements.
Duggan travelled in a minicab on 4 August 2011 to pick up the weapon from Hutchinson-Foster in Leyton, east London, but was being followed by undercover officers.Duggan travelled in a minicab on 4 August 2011 to pick up the weapon from Hutchinson-Foster in Leyton, east London, but was being followed by undercover officers.
As the minicab reached Ferry Lane, Tottenham, north London, officers decided to carry out a "hard stop"– that is, force the vehicle to a halt. As the minicab reached Ferry Lane, Tottenham, north London, officers decided to carry out a "hard stop", that is, force the vehicle to a halt.
The crown alleges that Duggan and Hutchinson-Foster exchanged phone calls in the hour before the weapon was collected. During a four-minute stop in Leyton, Duggan was seen being handed a shoebox, the crown told the jury. The crown alleges Duggan and Hutchinson-Foster exchanged phone calls in the hour before the weapon was collected. During a four-minute stop in Leyton, Duggan was seen being handed a shoebox, the crown told the jury.
Edward Brown QC, prosecuting, said Hutchinson-Foster admitted using the same gun in an attack on a barber six days earlier.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 2011. 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.He pistol-whipped Peter Osadebay with the gun at the Lagoon salon on Kingsland Road, Dalston, east London, on 29 July 2011. 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 Independent Police Complaints Commission is investigating whether the Metropolitan police investigated the attack on Osadebay thoroughly enough and whether they missed a chance to get the weapon off the street.The Independent Police Complaints Commission is investigating whether the Metropolitan police investigated the attack on Osadebay thoroughly enough and whether they missed a chance to get the weapon off the street.
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, the latter'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, the latter'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.
During the trial the officer who shot Duggan gave a dramatic account.During the trial the officer who shot Duggan gave a dramatic account.
Speaking from behind a screen, V53 said that as the minicab carrying Duggan reached Ferry Lane, the officer said the order was heard over the radio, "strike, strike, strike", meaning police in unmarked cars were to force the vehicle to stop. The marksman said Duggan came out of the minicab at speed.Speaking from behind a screen, V53 said that as the minicab carrying Duggan reached Ferry Lane, the officer said the order was heard over the radio, "strike, strike, strike", meaning police in unmarked cars were to 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.
Speaking in the first trial, V53 said: "As I shouted 'armed police', Mark Duggan has turned to face me," 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. Speaking in the first trial, V53 said: "As I shouted 'armed police', Mark Duggan has turned to face me." He said 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.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.
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.
Before the jury, V53 stressed his certainty of the key aspect of his account, saying he was 100% sure Duggan was holding a gun when challenged by police.Before the jury, V53 stressed his certainty of the key aspect of his account, saying he was 100% sure Duggan was holding a gun when challenged by police.
The defence said expert evidence raised doubts about the police account.The defence said expert evidence raised doubts about the police account.
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.
Another expert witness, Dr Simon Poole, said the two bullet wounds Duggan suffered raised questions about the position he was in when shot, and may not be consistent with the police account that he was facing officers.Another expert witness, Dr Simon Poole, said the two bullet wounds Duggan suffered raised questions about the position he was in when shot, and may not be consistent with the police account that he was facing officers.
In the retrial, the crown alleged that during the first hearing Hutchinson-Foster had tried to influence the evidence of his former girlfriend even though he was in prison.In the retrial, the crown alleged that during the first hearing Hutchinson-Foster had tried to influence the evidence of his former girlfriend even though he was in prison.
Prosecutor Ed Brown QC said: "'Investigations since have revealed that Desire Cox was telephoned by this defendant during that earlier trial.Prosecutor Ed Brown QC said: "'Investigations since have revealed that Desire Cox was telephoned by this defendant during that earlier trial.
"Not just at some point during the trial, but in fact the very night before she was due to give evidence."Not just at some point during the trial, but in fact the very night before she was due to give evidence.
"He had managed to get use of a telephone on prison and it was from prison that he made a call to her, following which she telephoned him for some eight-and-a-half minutes."He had managed to get use of a telephone on prison and it was from prison that he made a call to her, following which she telephoned him for some eight-and-a-half minutes.
"This contact plainly had in mind the desire to influence the witness.""This contact plainly had in mind the desire to influence the witness."
Hutchinson-Foster, 30, of no fixed abode, had denied the charge.Hutchinson-Foster, 30, of no fixed abode, had denied the charge.
An inquest into Duggan's death, which was supposed to start this week, is expected to begin in September.An inquest into Duggan's death, which was supposed to start this week, is expected to begin in September.