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The coroner at the inquest of Jean Charles de Menezes, who was shot dead by police on the London Underground, ruled out a verdict of unlawful killing today.
Sir Michael Wright told the jury to set aside the emotional pleas of the Brazilian electrician’s family and record either an open verdict or a finding of lawful killing.
The former High Court judge began summing up the seven-week inquest today by suggesting that a verdict of unlawful killing was “not justified”.
De Menezes was shot at point blank range by anti-terrorist officers as he boarded the Tube at Stockwell station on July 22, 2005.
The jurors have heard from 100 witnesses including the two firearms officers during the inquest, which has been attended by Maria Otone de Menezes, the victim’s mother. Today the coroner said: “I know that your heart will go out to her.
“But these are emotional reactions, ladies and gentlemen, and you are charged with returning a verdict based on evidence.
“Put aside any emotion - put them to one side.”
Sir Michael later clarified that his decision to omit unlawful killing did not indicate that the police did nothing wrong on July 22, 2005.
He said: “In directing you that you cannot return a verdict of unlawful killing, I am not saying that nothing went wrong on a police operation which resulted in the killing of an innocent man.”
“All interested persons agree that a verdict of unlawful killing could only be left to you if you could be sure that a specific officer had committed a very serious crime, murder or manslaughter.”
He warned the 11 jurors that they must not attach any criminal or civil fault to individuals and they must not contradict the outcome of the Metropolitan Police’s health and safety trial, which spared Deputy Assistant Commissioner Cressida Dick of personal blame.
The coroner’s summing up is expected to last two days before the jury, which has been sitting since September 22, is sent out to reach its verdict.
The inquest is the first time the public was given a full account of the fatal incident from key witnesses on board the Underground carriage where the shooting took place.
The jury heard detailed descriptions of the key controversies involving surveillance outside de Menezes’ Tulse Hill home, incidents in the control room at New Scotland Yard, and his final journey towards Stockwell station.
The two firearms officers who shot the electrician, referred to as C2 and C12 throughout, both struggled to hold back tears as they appeared at the inquest at Surrey County Cricket Club’s home ground, in south London.
The shooting came two weeks after London was targeted by the July 7 bombings that left 52 victims dead.
On July 21 a second gang of Islamist extremists attempted to murder dozens more with home-made bombs.
As counter terrorist police searched for the failed suicide bombers, Mr de Menezes was mistaken for a suspect and shot dead.
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