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Armed police errors 'unavoidable' PM asked to protect terror police
(about 2 hours later)
A former anti-terror chief has said he "frankly did not know" how police could avoid shooting innocent people like Jean Charles de Menezes. The prime minister was asked to relax laws on police confronting terror suspects a day before Jean Charles de Menezes was shot, a jury has heard.
Former Ch Supt Steve Swain told an inquest the demands of protecting the public may make mistakes inevitable. Former Metropolitan Police Commissioner Sir Ian Blair made the request on the same day as the failed 21 July 2005 terrorist attack.
He denied the events were "utterly predictable" but said after "weeks and months" of agonising, he did not know how police could not make mistakes. The inquest also heard another former anti-terror chief say mistakes may be inevitable when protecting the public.
Mr de Menezes was killed in 2005 after being mistaken for a suicide bomber.Mr de Menezes was killed in 2005 after being mistaken for a suicide bomber.
'Agonised' 'Maximised protection'
The innocent Brazilian was shot seven times in the head at close range on 22 July 2005 after being mistaken for failed 21 July suicide bomber Hussain Osman at Stockwell Tube Station.The innocent Brazilian was shot seven times in the head at close range on 22 July 2005 after being mistaken for failed 21 July suicide bomber Hussain Osman at Stockwell Tube Station.
Mr Swain, who left the Metropolitan Police last year, told the inquest into his death: "We have agonised over this for hours and hours and weeks and months about how you could protect the public. The jury at the inquest into Mr de Menezes' death heard that former prime minister Tony Blair discussed "maximising" legal protection for anti-terrorist officers with Sir Ian on the day of the failed attacks.
"You could not make a mistake and shoot somebody by mistake and you could not put those officers in that situation where they could make a mistake and shoot the wrong person. The evidence came as former Ch Supt Steve Swain told the court he "frankly did not know" how police could avoid shooting innocent people like Jean Charles de Menezes.
Put simply, the only choice an officer may have could be to shoot-to-kill Letter from Sir Ian Blair
Michael Mansfield QC, for the de Menezes family, asked if Sir Ian meant officers should be allowed "to just shoot".
Mr Swain replied: "I do not remember much of the detail so if you do not mind I would not want to say much about it."
The jury was shown a letter Sir Ian wrote to the Home Office on the day of the Stockwell shooting.
An extract read by Mr Mansfield said: "In the meeting we had with the Prime Minister yesterday, I raised the issue of maximising the legal protection for officers who had to take decisions in relation to people believed to be suicide bombers.
'Rules of engagement'
"This is clearly a fast-time decision-making process, one which officers cannot risk the kind of containment and negotiation tactics which would normally be the case. Put simply, the only choice an officer may have could be to shoot-to-kill in order to prevent the detonation of a device.
"In due course I believe we need a document similar to the military rules of engagement."
Mr Swain, who left the Metropolitan Police last year, denied the events were "utterly predictable" but said after "weeks and months" of agonising, he did not know how police could not make mistakes.
Mr Swain told the jury: "We have agonised over this for hours and hours and weeks and months about how you could protect the public.
A situation like this was almost unique because we were dealing with failed suicide bombers Former Ch Supt Steve SwainA situation like this was almost unique because we were dealing with failed suicide bombers Former Ch Supt Steve Swain
"You could not make a mistake and shoot somebody by mistake and you could not put those officers in that situation where they could make a mistake and shoot the wrong person.
"Frankly I don't know what the answer is," the jury heard."Frankly I don't know what the answer is," the jury heard.
But he also said the situation was far from predictable and that the circumstances leading up to Mr de Menezes death were "unique".But he also said the situation was far from predictable and that the circumstances leading up to Mr de Menezes death were "unique".
The court was told: "At the time nobody ever discussed that sort of thing, where suicide bombers had failed because their device did not go off or something like that.The court was told: "At the time nobody ever discussed that sort of thing, where suicide bombers had failed because their device did not go off or something like that.
"A situation like this was almost unique because we were dealing with failed suicide bombers.""A situation like this was almost unique because we were dealing with failed suicide bombers."
The jury at the Oval cricket ground, south London, also heard that the Metropolitan Police's Kratos shoot-to-kill policy stated that firearms officers were only authorised to shoot without warning if "100% sure" they were facing a suicide bomber about to detonate.The jury at the Oval cricket ground, south London, also heard that the Metropolitan Police's Kratos shoot-to-kill policy stated that firearms officers were only authorised to shoot without warning if "100% sure" they were facing a suicide bomber about to detonate.
On Wednesday retired deputy assistant commissioner Brian Paddick told the court that orders given by a police chief in the run-up to the shooting were "ambiguous".On Wednesday retired deputy assistant commissioner Brian Paddick told the court that orders given by a police chief in the run-up to the shooting were "ambiguous".