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Police 'failure' in Menezes death Police 'failure' in Menezes death
(about 4 hours later)
Police firearms officers shot dead Jean Charles de Menezes because of "fundamental failures" in planning, a court has heard. Police firearms officers killed Jean Charles de Menezes and risked the lives of Londoners in a catalogue of errors, the Old Bailey has been told.
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 heard the Brazilian was shot seven times because of "fundamental failures" in Metropolitan Police planning.
It is alleged by the prosecution that the Metropolitan Police breached health and safety laws during the operation. One armed officer put a gun into a colleague's chest and a Tube driver was chased down a tunnel.
The force denies the charge and the trial is expected to last six weeks. The force denies breaking health and safety laws when it mistook Mr de Menezes for a suicide bomber in 2005.
'Shocking and catastrophic' Opening the unprecedented trial of the force at the Old Bailey, Clare Montgomery QC, prosecuting, said that the Metropolitan Police was subject to the same health and safety obligations as any other employer or public body in the UK.
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. The fact the police ended up pointing a gun at another police man and mistaking a terrorised train driver for a bomber gives you a clue as to just how far wrong the operation had gone Clare Montgomery QC
The law treats all employers equally and no-one, not even the police, are above it Clare Montgomery QC These laws were there to ensure public safety, she said, but a "shocking and catastrophic" failure to stick to a clear strategy to apprehend one of the 21 July 2005 bombers had left the public at risk of being blown up and ultimately led to Mr de Menezes' avoidable death.
"It was the police operation itself that invited the disaster that occurred," she said."It was the police operation itself that invited the disaster that occurred," 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 the operation so badly that the public was put at risk and Jean Charles was killed."
Ms Montgomery said failings had happened at every level of the operation to apprehend the suspected suicide bomber. Bomber identified
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. Ms Montgomery said that in fast moving events, detectives had identified one of the suspected 21 July suicide bombers, Hussain Osman, within hours of the botched attacks.
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. They linked him to a small block of flats in Tulse Hill, south London which was also the home of Jean Charles de Menezes.
Shot in head But when Mr de Menezes left his home and was followed, neither the officers on the ground, nor those in operational control at Scotland Yard, were certain of his identity.
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. One spotter told commanders it was "ridiculous" to ask him for a "percentage certainty" that the target was 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.""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."
Prosecutor Clare Montgomery QC said police put the public at risk This uncertainty continued until the very last moments of his life when commanders at Scotland Yard and firearms officers on the ground make a series of rapid decisions which dictated who was going to try to arrest the electrician, the court heard.
The court heart that surveillance officers followed the electrician to the Underground and joined his carriage. Drained staff
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. Scotland Yard's operation room was noisy and staffed by tired and drained staff, the court heard. More and more officers were crowding in as news of the operation spread.
As surveillance officers sat near Mr de Menezes on the tube, firearms officers "burst" onto the platform, said Ms Montgomery. One surveillance officer, codenamed 'Ivor', alerted them to Mr de Menezes' position.
"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."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." "Two firearms officers leant over Ivor who was holding Jean Charles and [one] put his pistol 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. At the same time, one of the armed officers physically dragged 'Ivor' onto the platform while holding a gun against his chest. Ivor shouted he was a policeman and heard more shots in the carriage.
'Not above law' Terrified, the tube driver fled his cab - but was chased by another armed officer into the tunnel.
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. Ms Montgomery said: "You may think, members of the jury, that the fact the police ended up pointing a gun at another police man and mistaking a terrorised train driver for a bomber gives you a clue as to just how far wrong the operation had gone."
"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," 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.
Jurors will be shown CCTV recordings and a reconstruction of Mr Menezes's journey, as well as police logs made by officers.
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.
The case continues.The case continues.