Two Metropolitan Police officers have been arrested on suspicion of murder in connection with the shooting of a painter and decorator by police marksmen in 1999.

Harry Stanley, who was 46, was shot in the head and hand after police mistook the table leg he was carrying in a bag for a sawn-off shotgun.

The two officers, Chief Inspector Neil Sharman and Pc Kevin Fagan, were arrested today on charges of murder, gross negligence, manslaughter and conspiracy to pervert the course of justice by Surrey Police officers. They have been released on bail and ordered to return to a Surrey Police station on June 16 for further questioning.

In a statement, Surrey Police said that the arrests followed the discovery of new evidence: "Following the second inquest into the fatal shooting of Henry (known as Harry) Stanley on September 22 1999, a review of the case was carried out.

"This involved Surrey Police conducting a review of the investigation, and the Crown Prosecution Service reviewing the evidence. The review has led to the discovery of new forensic evidence."

Daniel Machover, the solicitor for the Stanley family, said that the investigating force had been keeping the Stanley family updated on events. He said: "The family has noted today’s development and is awaiting an early decision on criminal charges. They are again calling for the officers to be suspended from all duties. The family will be making no further comment."

Today's arrests mark another stage in an uncertain progression of inquests and verdicts since the killing nearly six years ago.

Mr Stanley, a father of three and a recovering cancer patient, was shot and killed instantly by police marksmen as he walked home from a pub in Hackney, northeast London. A witness had called 999 to report seeing a man with a gun in a plastic bag - in fact, it was a coffee table leg that had been repaired by Mr Stanley's brother.

An initial inquest in 2002 recorded an open verdict on Mr Stanley's death, but that was quashed in the High Court in 2003 after a campaign by his family and his wife Irene. A second inquest, carried out last October at St Pancras Coroner’s Court, returned a verdict of "unlawful killing."

Last month, however, a High Court judge threw out that verdict on the basis of "insufficient evidence," although in his findings Justice Leveson did criticise the two officers for their behaviour and questioned the honesty of their account of the shooting.

Reacting to today's arrests, Glen Smyth, chairman of the Metropolitan Police Federation, which represents the force’s officers, expressed his "disgust" at the way the two officers had been treated. In November 2004, Metropolitan Police firearms officers threatened to lay down their weapons when the officers were suspended from operational duties.

Mr Smyth said Chief Inspector Sharman and Pc Fagan had been subjected to "appalling treatment" and promised the "full and unwavering support" of the Federation. "The way that the Harry Stanley case is being conducted goes from bad to appalling," he said

"Clearly, we cannot comment on the alleged new evidence which Surrey Police claim to have discovered. But we can voice our disgust at the way the officers involved have been, and continue to be, treated."

Mr Smyth added: "For the officers and their families, the strain has been unimaginable. The nightmare way in which this case has been handled cannot be excused."

The Metropolitan Police offered further support for the two officers. Assistant Commissioner Steve House, head of the Central Operations, said: "The investigations and enquiries into this tragic incident have now been running for nearly six years, and the time this has taken can only have increased the strain placed on all concerned.

"These officers were asked to make a split-second life and death decision as a result of the armed policing duties they had volunteered for. Six years later their decision is still being examined by the legal system. How many of us would want to be in that position?

"We continue to offer appropriate welfare support to both officers and fully understand that this is a very difficult time for them, their families and colleagues."

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