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Probe into lawyer killing lawful | Probe into lawyer killing lawful |
(10 minutes later) | |
An independent inquiry into the killing of a barrister shot dead by police during a five-hour armed siege was lawful, the High Court has ruled. | An independent inquiry into the killing of a barrister shot dead by police during a five-hour armed siege was lawful, the High Court has ruled. |
A judge dismissed a claim by the family of Mark Saunders, 32, that the probe into his death was unlawful. | A judge dismissed a claim by the family of Mark Saunders, 32, that the probe into his death was unlawful. |
Mr Saunders died in a stand-off at his flat in Chelsea, west London in May. | Mr Saunders died in a stand-off at his flat in Chelsea, west London in May. |
His family said the Independent Police Complaints Commission (IPPC) inquiry was unlawful as officers were allowed to confer before making statements. | His family said the Independent Police Complaints Commission (IPPC) inquiry was unlawful as officers were allowed to confer before making statements. |
The IPCC said it welcomed the High Court's judgement. | The IPCC said it welcomed the High Court's judgement. |
"The IPCC agrees with Mr Saunders' family that the way officers currently confer after a fatal shooting does not provide best evidence or secure public confidence and should change," said an IPCC spokesman. | "The IPCC agrees with Mr Saunders' family that the way officers currently confer after a fatal shooting does not provide best evidence or secure public confidence and should change," said an IPCC spokesman. |
"We differed only on how that change should be achieved." | "We differed only on how that change should be achieved." |
During the siege Mr Saunders fired at police officers, neighbours and buildings with a legally-owned shotgun from his £2.2m home in Markham Square. | During the siege Mr Saunders fired at police officers, neighbours and buildings with a legally-owned shotgun from his £2.2m home in Markham Square. |
Charlotte Saunders said the balance of power seemed wrong | |
A post-mortem examination revealed that he died from multiple injuries. | A post-mortem examination revealed that he died from multiple injuries. |
His family believes he posed no risk to the public when he was shot, as the area had been evacuated. | His family believes he posed no risk to the public when he was shot, as the area had been evacuated. |
Mr Saunders' sister Charlotte said: "I brought these proceedings because I was concerned that the police officers who shot Mark were allowed to confer before giving their accounts to the Independent Police Complaints Commission (IPCC)." | Mr Saunders' sister Charlotte said: "I brought these proceedings because I was concerned that the police officers who shot Mark were allowed to confer before giving their accounts to the Independent Police Complaints Commission (IPCC)." |
The police denied the family's central claim that conferring mounted to collusion. | The police denied the family's central claim that conferring mounted to collusion. |
'Insulting, inaccurate' | 'Insulting, inaccurate' |
"Conferring is not colluding," said Paul Davis, of the Police Federation. | "Conferring is not colluding," said Paul Davis, of the Police Federation. |
"To suggest otherwise is as insulting as it is inaccurate and does nothing to reassure members of the public that the police are there to defend and protect them. There is a huge difference between colluding and conferring." | "To suggest otherwise is as insulting as it is inaccurate and does nothing to reassure members of the public that the police are there to defend and protect them. There is a huge difference between colluding and conferring." |
BBC crime reporter Ben Ando said the judge's action in granting the Saunders family leave to appeal could suggest he believed the issue should be addressed in a higher court. | BBC crime reporter Ben Ando said the judge's action in granting the Saunders family leave to appeal could suggest he believed the issue should be addressed in a higher court. |
Paul Davis said conferring was not the same as colluding | |
Mr Ando said Mr Justice Underhill acknowledged that permitting officers to collaborate meant "the opportunity for collusion is, so to speak, institutionalised". | Mr Ando said Mr Justice Underhill acknowledged that permitting officers to collaborate meant "the opportunity for collusion is, so to speak, institutionalised". |
The judge also said the practice of allowing officers to collaborate in giving their first accounts was "highly vulnerable" to challenge under article 2 of the Human Rights Act. | The judge also said the practice of allowing officers to collaborate in giving their first accounts was "highly vulnerable" to challenge under article 2 of the Human Rights Act. |
However, the judge also said that "...prohibiting collaboration would have been likely to hinder rather than promote an effective investigation..." | However, the judge also said that "...prohibiting collaboration would have been likely to hinder rather than promote an effective investigation..." |