Two policemen who shot dead an innocent man on the London Underground had been briefed by their commanders to expect a confrontation with determined suicide bombers, the Old Bailey was told yesterday.

On the morning that they killed Jean Charles de Menezes the officers were told that they would have to intercept “deadly” terrorists who were “up for it”.

As their cars arrived at Stockwell station, where Mr de Menezes was boarding a train to go to work, they received an urgent order from the Scotland Yard control room: “Do not let him on the Tube.” Minutes later two officers shot the Brazilian electrician in the head seven times using bullets designed to kill instantly.

The conduct of the operation that ended with Mr de Menezes’s death on July 22, 2005, led to the Metropolitan Police being put on trial, accused under health and safety legislation of putting the public at risk. The central accusation is that the police operation was fundamentally flawed and that officers did not follow a clear strategy for arresting a potential terrorist.

Factfile: revelations from the de Menezes trial

Information about the police killing of Jean Charles de Menezes, on July 22, 2005, that has emerged during the trial

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• Pictures: Jean Charles de Menezes

Background

• Ian Blair survives no confidence vote

• Timeline: how de Menezes identity emerged

• Come quietly, Sir Ian – you’re banged to rights

• ‘It is my task to ensure that lessons are learnt’

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• Police room in 'chaos' before Tube killing

• 'They fired into Jean Charles's head seven times'

• Met chief criticised again over de Menezes

Scotland Yard denies the allegation and its lawyers argue that the prosecution is based on a misunderstanding of police work and a distorted picture of the fast-moving events of July 2005 when London appeared to be under sustained terrorist attack.

The Crown contends, however, that the police’s failures were specific to a single operation to watch an address connected to a key suspect in the attempted suicide bombings of July 21. Those operational failures included an “inexplicable” four-hour delay in sending specialist firearms teams to the address in Tulse Hill, South London.

Clare Montgomery, QC, for the prosecution, said that the armed officers were given to believe “that they would almost certainly have to confront a suicide bomber and shoot him dead”. They had been briefed at their base in Leman Street, East London, by their tactical commander, codenamed Trojan 84. The officers were issued with pistols, rifles and 124-grain ammunition that “when fired into a head had been shown to produce death more quickly”.

One of the officers, identified to the court only as Ralph, said that they had been told they might have to use “unusual tactics”. Miss Montgomery said: “He interpreted this to mean they might have to fire a shot into the brain of a suicide bomber.”

At the same briefing an officer named Terry had asked for clarification of the tactics. Miss Montgomery said: “Trojan 84 told him that they may have to consider delivering an immediate incapacitating critical shot.”

A second briefing by a senior antiterrorist officer in South London left the impression that “the suspects were determined and well prepared and they could have ready access to concealable devices which could be easily detonated”.

Vic, another armed officer, said that as his car arrived at Stockwell Tube station he heard Trojan 84 say over the radio: “They’ve said he’s got to be stopped. Do not let him on the Tube. Do not let him on the Tube.”

The officer said that he took this to mean that Mr de Menezes “had to be stopped immediately and at any cost”.

Commander John McDowall, of Counter-Terrorism Command, told the court that he drew up the strategy for the operation at 4.55am on July 22. He had received intelligence that two of the suspected 21/7 bombers, Hussain Osman and Yassin Omar, were at the South London address.

Mr McDowall said: “The overall aim was to establish if the two terrorists were present in the flat and, if they came out, to arrest them safely.” But he added that such operations were fraught with danger and said he was mindful of the situation in Madrid in 2004 when terrorists blew themselves up when surrounded by police.

Mr McDowall said that the July 7 bombers had a similar plan to blow up their car if they had been caught on their way to London.

Ronald Thwaites, QC, for the defence, showed the jury a composite picture of Mr de Menezes and the 21/7 suspect Osman to illustrate the difficulties faced by surveillance officers in making a positive identification. Summarising the defence case, Mr Thwaites said that the Met was not attempting to avoid responsibility for the death of Mr de Menezes.

“The Metropolitan Police Service has consistently acknowledged the dreadful tragedy that occurred,” Mr Thwaites said.

“The prosecution are attempting to dictate to the police how they should be doing their job. We submit that if this prosecution is successful and the Metropolitan Police Service is convicted, it will have the effect of putting handcuffs on the police and will seriously inhibit their effectiveness in combating serious crime. It will also make police operations more difficult and dangerous in the future.”

Mr Thwaites added that there was no allegation against the Commissioner. He said: “Whatever went wrong on July 22, whatever the fault, whatever the consequences, Sir Ian Blair was not to blame.” The trial continues.

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