This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.

You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/uk/7021401.stm

The article has changed 12 times. There is an RSS feed of changes available.

Version 6 Version 7
Police 'failure' in Menezes death Police 'failure' in Menezes death
(40 minutes later)
Police firearms officers shot dead Jean Charles de Menezes because of "fundamental failures" in planning, a court has heard.Police firearms officers shot dead Jean Charles de Menezes because of "fundamental failures" in planning, a court has heard.
An Old Bailey jury heard Mr Menezes was killed by officers who mistook him for a suicide bomber at Stockwell Tube station in London on 22 July, 2005.An Old Bailey jury heard Mr Menezes was killed by officers who mistook him for a suicide bomber at Stockwell Tube station in London on 22 July, 2005.
It is alleged by the prosecution that the Metropolitan Police breached health and safety laws during the operation.It is alleged by the prosecution that the Metropolitan Police breached health and safety laws during the operation.
The force denies the charge and the trial is expected to last six weeks.The force denies the charge and the trial is expected to last six weeks.
'Disaster' 'Shocking and catastrophic'
Clare Montgomery QC, prosecuting, said the "disaster" of the Brazilian electrician's death was "not the result of a fast-moving operation going suddenly and unpredictably awry". Outlining the case against the Metropolitan Police, Clare Montgomery QC said that there had been "shocking and catastrophic" errors and that the Brazilian's death could have been avoided.
"It was the result of fundamental failures to carry out a planned operation in a safe and reasonable way," she said. "It was the police operation itself that invited the disaster that occurred," she said.
The allegation against police was that they carried out the investigation and pursuit of a suspected suicide bomber "in such a way that the public were exposed to the possibility of danger," she said. "We say that the police planned and carried out the operation so badly that the public was put at risk and Jean Charles was killed."
"We say that the police planned and carried out an operation that day so badly that the public were needlessly put at risk and Jean Charles was killed as a result." Ms Montgomery said failings had happened at every level of the operation to apprehend the suspected suicide bomber.
Miss Montgomery told the jurors that while some of the officers present when Mr de Menezes was shot would be called to give evidence, the two who actually killed him would not. Despite a major lead on the possible whereabouts of Hussain Osman, one of the 21/7 London bombers, officers required to apprehend a suicide bomber were not in place early enough in the morning to guarantee absolute operational success and safety.
Only those who it was felt would give a "real insight" into the police operation that day would be called, she said. Osman had been linked to the block of flats where Mr de Menezes was staying through a gym membership card found at the scene of one of the failed bombings.
Police 'not above law' Shot in head
When Jean Charles left his home to head for Stockwell underground station, the operational control room at Scotland Yard received no single clear report confirming that the target was definitely Osman.
"By comparing the photo of Jean Charles with a photo of Hussain Osman, you may understand why some of the officers at least thought Jean Charles might be Osman," said Ms Montgomery. "None of them said he was definitely Osman."
The court heart that surveillance officers followed the electrician to the Underground and joined his carriage.
Seconds later firearms officers "burst" onto the platform and their colleagues, one of whom has been codenamed 'Ivor', alerted them to the location of Mr de Menezes.
"As the armed officers entered the train, Jean Charles stood up," said the lawyer. "He was grabbed by 'Ivor' and pushed back into his seat.
"Two firearms officers leant over Ivor who was holding Jean Charles and put their pistols against Jean Charles' head and fired. He was shot seven times and died immediately."
Only those officers who it was felt would give a "real insight" into the police operation that day would be called, she said.
'Not above law'
She urged jurors to put out of their minds anything they might have heard about the case or any sympathy they might have with Mr de Menezes, or for the police, who are formally being prosecuted in the form of the Commissioner of the Met.She urged jurors to put out of their minds anything they might have heard about the case or any sympathy they might have with Mr de Menezes, or for the police, who are formally being prosecuted in the form of the Commissioner of the Met.
"Nobody takes any pleasure in the death of this young man and equally no-one can take any pleasure at a trial of the Commissioner at the Old Bailey."Nobody takes any pleasure in the death of this young man and equally no-one can take any pleasure at a trial of the Commissioner at the Old Bailey.
"But the law treats all employers equally and no-one, not even the police, are above it," Miss Montgomery said. "But the law treats all employers equally and no-one, not even the police, are above it," Ms Montgomery said.
She also revealed that some witnesses, because of the "sensitive nature" of the work they do, are being allowed to give evidence under an assumed name and screened from the public view.She also revealed that some witnesses, because of the "sensitive nature" of the work they do, are being allowed to give evidence under an assumed name and screened from the public view.
Jurors will be shown CCTV recordings and a reconstruction of Mr Menezes's journey, as well as police logs made by officers.Jurors will be shown CCTV recordings and a reconstruction of Mr Menezes's journey, as well as police logs made by officers.
Following the Independent Police Complaints Commission's report into the circumstances surrounding the shooting, the Crown Prosecution Service decided that no individual should be prosecuted in connection with the case.
The penalty on conviction is an unlimited fine.The penalty on conviction is an unlimited fine.
Mr Menezes, 27, was shot dead by anti-terrorist police during the biggest manhunt in the force's history.Mr Menezes, 27, was shot dead by anti-terrorist police during the biggest manhunt in the force's history.
The case continues.The case continues.