Police marksmen shot Jean Charles de Menezes seven times in the head with hollow-point “dumdum” bullets designed to kill instantly, the Old Bailey was told yesterday.

The bullets, used by US air marshalls, give “a greater chance of immediate incapacitation”, the court was told. A senior firearms adviser, known as Andrew to protect his anonymity, told the court that the decision to use the bullets was made to help police seeking the failed July 21 suicide bombers, who were still at large in 2005.

Their usual and more powerful 9mm jacketed soft-point bullets would pass through the other side, Andrew said. “Officers may have only one chance to incapacitate a suicide killer. Failure to do so can have catastrophic consequences.”

He said that when police tried to arrest a suicide bomber after the Madrid bombing he detonated his explosives, killing himself and the officer.

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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Andrew told the court: “The bullet flattens on impact and immediately incapacitates the target. This is a more effective bullet in the context of dealing with a suicide bomber as there is more chance of incapacitating a subject with a single shot. “A direct-to-brain stem shot is the only way to incapacitate a subject.”

Mr de Menezes, 27, an innocent Brazilian, was followed from his home in Scotia Road, South London – an address linked to the July 21 attempted bomber Hussain Osman.

He was trailed unchallenged on two buses and a Tube train before armed police shot him in the head on a train at Stockwell station.

The court heard that the man in charge of the officers who shot Mr de Menezes was told that the person they were following was “our man” and was acting “nervous and twitchy”.

The specialist firearms officer, whose identity was hidden from the court and was referred to as Ralph, was in charge of Black Team on the day of the shooting.

He told the court: “As I followed the bus to the area of Stockwell Road near to the Underground I had confirmation that the suspect was definitely our man, and that he was nervous and twitchy. I cannot say for certain who said it but I know it came over the radio.” As he arrived at the south side of Stockwell Road, near the entrance to Tube, he was told by the tactical firearms adviser, Trojan 84, to stop the man getting on a train.

Clare Montgomery, QC, for the prosecution, asked him: “What did you understand by that order?”

He replied: “Exactly that. That we had to have an intervention and stop this man getting on the Tube. Given that I thought this man to be Hussain Osman at the time, I definitely thought that we might have to take a critical shot at this man if necessary, to prevent him detonating a device.” He said he asked for, and was given, confirmation of the order.

“There was no doubt in my mind that this man was a suicide bomber at this time and he was in possession of a suicide device that could present a serious danger to the public and to my men.” He said he ran down the escalators with his gun out and heard shots and screaming. When he reached the bottom he finished evacuating the platform and went back to the body and his men.

Miss Montgomery asked him if at that point it was clear the man they had shot was not who they thought he was.

“Yes, it was at that point,” he said. The Metropolitan Police, charged under the Office of the Commissioner of Police of the Metropolis, denies failing to discharge a duty under section 3 (1) of the Health and Safety at Work Act 1974.

The trial continues.

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