Met face 'handcuffs' over Menezes

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Convicting the Metropolitan Police over Jean Charles de Menezes' death would "handcuff" officers, a court had heard.

Ronald Thwaites QC told the Old Bailey that the prosecution wanted to dictate how officers should do their job from a position of "near ignorance".

He said the Brazilian's death in Stockwell Underground station was a serious mistake, but not a crime.

The Met denies breaking health and safety laws in their operation to apprehend a suspected suicide bomber.

During the trial's opening, Clare Montgomery QC, for the prosecution, said the police had failed to follow their own plan, with firearms officers inadequately briefed and an atmosphere of confusion and ambiguous intelligence at Scotland Yard's operational control room.

But in an opening statement for the defence, Mr Thwaites said the case against the Metropolitan Police relied on the benefit of hindsight.

The prosecution have started with the benefit of hindsight - and hindsight turns everyone into a brilliant problem solver Ronald Thwaites QC

The reality, he said, was that police chasing the 21 July suicide bombers were facing unprecedented challenges that changed the very nature of how they sought to protect the public.

The prosecution under health and safety laws completely failed to understand these challenges - and a conviction would have massive implications for fighting crime, Mr Thwaites told the jury at the Old Bailey.

"The prosecution are attempting to dictate to the police how they should be doing their job and they are doing so from a position of near ignorance.

"It would have the effect of putting handcuffs on the police and seriously impede their effectiveness in combating serious crime.

"It would make police operations more difficult and dangerous in the future.

"We say the prosecution is not qualified to dictate operational policy on a hypothetical basis and [conviction] would be highly damaging to the police service."

Crisis situation

Ronald Thwaites said police faced unprecedented challenges

Mr Thwaites said in the days after the 7 July suicide bombings police were facing an unprecedented threat to London.

Scotland Yard's terrorism hotline had received 3,900 tip-offs in a "rapidly developing" picture, he added.

This meant that when commanders had linked the bombers to the block of flats that included Mr de Menezes' home, the very best they could have done had been to outline "preliminary" tactics rather than fixed rules of how to apprehend such dangerous people, said Mr Thwaites.

"The prosecution have misconstrued the whole situation and misunderstood it.

"The prosecution have started with the benefit of hindsight - and hindsight turns everyone into a brilliant problem solver."

Unpredictable actions

Mr Thwaites said none of the commanders, secret surveillance teams and armed units ready to intervene could have predicted how a potential suicide bomber would act.

So when Mr de Menezes had left his flat and been labelled a suspect, officers had feared an immediate arrest could alert other bombers still inside, leading them to blow up the entire block.

Officers had had to use their own judgement, including how to stop and when, to ensure as much public safety as possible, Mr Thwaites added.

And they had had no opportunity to safely apprehend their suspect until he had reached the train at Stockwell station - at which point he had been shot seven times.

"A serious mistake was made in shooting him," said Mr Thwaites. "But not every mistake is a crime."

The case continues.