This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/uk-news/2014/jul/09/mark-duggan-verdict-should-be-quashed-court-told

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Mark Duggan verdict should be quashed, court told Mark Duggan verdict should be quashed, court told
(about 9 hours later)
The high court has heard that a jury's verdict that Mark Duggan was lawfully shot dead by police, despite being "unarmed", should be quashed because of a legal blunder. The high court has heard that a jury's verdict that Mark Duggan was lawfully shot dead by police despite being "unarmed" should be quashed because of a legal blunder.
Duggan's family are challenging the finding of the inquest jury reached in January that angered relatives of the man whom police claim was a hardened criminal. Duggan's family are challenging the finding of the inquest jury reached in January that angered relatives of the 29-year-old, whom police claim was a hardened criminal.
Opening the challenge, Michael Mansfield, QC for the Duggan family, said the coroner at the inquest, Keith Cutler, had misdirected the jury about the law on when they could conclude the shooting was lawful.Opening the challenge, Michael Mansfield, QC for the Duggan family, said the coroner at the inquest, Keith Cutler, had misdirected the jury about the law on when they could conclude the shooting was lawful.
Mansfield said the errors led to an anomaly in the jury's verdicts, asking: "How is it a man who is manifestly unarmed can be lawfully shot?." He said the effect of the errors in the coroner's summing up meant too low a threshold was set for the jury to find the killing lawful. Mansfield said the errors led to an anomaly in the jury's verdicts, asking: "How is it a man who is manifestly unarmed can be lawfully shot?" He said the effect of the errors in the coroner's summing up meant too low a threshold was set for the jury to find the killing lawful.
Lawyers for the Duggan family told the high court the coroner wrongly instructed the jury about the law. They believe Cutler should have told the jury that if they were sure Duggan was not holding a gun then they could not return a lawful killing conclusion. Lawyers for the family believe Cutler should have told the jury that if they were sure Duggan was not holding a gun then they could not return a lawful killing conclusion.
In January, the jury had announced by an eight-to-two majority that they were sure Duggan did not have a gun in his hand when shot. In January, the jury announced by an eight-to-two majority that they were sure Duggan did not have a gun in his hand when shot.
Duggan, 29, was shot twice by a police marksman in August 2011. His death in Tottenham, north london, provoked riots across England that were the worst in modern times. Duggan was shot twice by a police marksman in August 2011. His death in Tottenham, north london, provoked riots across England that were the worst in modern times.
Opening the two-day hearing before a packed court in central London, Lord Justice Leveson warned the Duggan family they may have to wait weeks for the reasoned judgment. The hearing is scheduled to last two days. Opening the two-day hearing before a packed court in central London, Lord Justice Leveson warned the Duggan family they may have to wait weeks for the reasoned judgment.
At the inquest, the officer who shot Duggan twice, known as V53, insisted he was sure Duggan was holding a gun when challenged, forcing the police marksman to fire in self-defence.At the inquest, the officer who shot Duggan twice, known as V53, insisted he was sure Duggan was holding a gun when challenged, forcing the police marksman to fire in self-defence.
Duggan was shot after armed officers forced a taxi he was travelling in to stop, based on intelligence that he had collected a gun. Police had claimed that Duggan was shot twice after he brandished a firearm when surrounded by armed officers.Duggan was shot after armed officers forced a taxi he was travelling in to stop, based on intelligence that he had collected a gun. Police had claimed that Duggan was shot twice after he brandished a firearm when surrounded by armed officers.
The gun was found 10 – 20ft away and the jury decided Duggan tossed it as he exited the cab after police forced it to stop.The gun was found 10 – 20ft away and the jury decided Duggan tossed it as he exited the cab after police forced it to stop.