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Shot man's family want law change Shot man's family want law change
(29 minutes later)
The family of a man shot dead by police have urged the government to change the law so his inquest can proceed.The family of a man shot dead by police have urged the government to change the law so his inquest can proceed.
Azelle Rodney was killed by armed police on 30 April 2005 - three months before Jean Charles de Menezes died.Azelle Rodney was killed by armed police on 30 April 2005 - three months before Jean Charles de Menezes died.
The case was referred to the Crown Prosecution Service but, unlike the Menezes case, no charges were brought against the Metropolitan Police.The case was referred to the Crown Prosecution Service but, unlike the Menezes case, no charges were brought against the Metropolitan Police.
But a coroner has said he cannot hold a lawful inquest because of secret evidence which cannot be made public.But a coroner has said he cannot hold a lawful inquest because of secret evidence which cannot be made public.
Last week the Metropolitan Police were convicted of breaching health and safety laws over the shooting of Mr de Menezes, a Brazilian electrician mistaken for a suicide bomber. The trial heard that the Met were guilty of 19 "key failings".
Missing passagesMissing passages
In August coroner Andrew Walker, sitting at Hornsey in north London, announced he could not proceed with a full inquest because of a large number of redactions - passages crossed out - in police officers' statements. In August coroner Andrew Walker, sitting at Hornsey in north London, announced he could not proceed with a full inquest into Mr Rodney's death because of a large number of redactions - passages crossed out - in police officers' statements.
Mr Walker, who usually sits as deputy coroner for Oxfordshire, has been involved in a number of high profile inquests and made his name when he urged the attorney general to consider pressing charges against US troops who shot dead ITN reporter Terry Lloyd in Iraq.
She [Azelle Rodney's mother] has to see for her own peace of mind what it is that the secret evidence reveals and how it affected the state of mind of the officers concerned Daniel MachoverShe [Azelle Rodney's mother] has to see for her own peace of mind what it is that the secret evidence reveals and how it affected the state of mind of the officers concerned Daniel Machover
The solicitor for Azelle Rodney's family, Daniel Machover, said the redactions were made under the 2000 Regulation of Investigatory Powers Act (Ripa), which covers information obtained from covert surveillance devices such as telephone tapping or bugs. The redactions were made under the 2000 Regulation of Investigatory Powers Act (Ripa), which covers information obtained from covert surveillance devices such as telephone tapping or bugs, said the solicitor for Azelle Rodney's family, Daniel Machover.
Mr Machover said he had written to the Home Office and Ministry of Justice asking them to change the law so the coroner can proceed with the inquest.Mr Machover said he had written to the Home Office and Ministry of Justice asking them to change the law so the coroner can proceed with the inquest.
High Court threat
He said he had warned them if they refused to legislate he would take the matter to the High Court and seek to obtain a declaration of incompatibility to show Ripa was in breach of the Human Rights Act.He said he had warned them if they refused to legislate he would take the matter to the High Court and seek to obtain a declaration of incompatibility to show Ripa was in breach of the Human Rights Act.
Mr Rodney's mother Susan Alexander has been waiting for more than two years for an inquest and Mr Machover said: "She has to see for her own peace of mind what it is that the secret evidence reveals and how it affected the state of mind of the officers concerned." Mr Rodney's mother Susan Alexander has been waiting for more than two years for an inquest.
Mr Machover said: "She has to see for her own peace of mind what it is that the secret evidence reveals and how it affected the state of mind of the officers concerned."
Mr Rodney's death had echoes of the Menezes caseMr Rodney's death had echoes of the Menezes case
A Home Office spokeswoman said an independent review is under way into whether evidence from phone taps or bugs should be used in courts.A Home Office spokeswoman said an independent review is under way into whether evidence from phone taps or bugs should be used in courts.
She said: "We accept the arguments in favour of using it but only if there are the necessary safeguards to protect methods of intelligence."She said: "We accept the arguments in favour of using it but only if there are the necessary safeguards to protect methods of intelligence."
Mr Machover said: "The RIPA 'criminalises everything' so that when the officer says 'I shot him because of X and X' we are not allowed to know what X refers to."Mr Machover said: "The RIPA 'criminalises everything' so that when the officer says 'I shot him because of X and X' we are not allowed to know what X refers to."
'Hard stop'
Armed officers stopped the car in Edgware, north London, after having its occupants under surveillance for three hours.Armed officers stopped the car in Edgware, north London, after having its occupants under surveillance for three hours.
Hard stop
Mr Rodney, who was sitting in the back seat, was shot dead after armed police were ordered to carry out a "hard stop".Mr Rodney, who was sitting in the back seat, was shot dead after armed police were ordered to carry out a "hard stop".
Immediately afterwards police said the dead man had been seen holding a firearm but it later emerged this was not true.Immediately afterwards police said the dead man had been seen holding a firearm but it later emerged this was not true.
The officer who shot him claimed he thought he was reaching for a gun.The officer who shot him claimed he thought he was reaching for a gun.
Coroner Andrew Walker said he could not hold a lawful inquestCoroner Andrew Walker said he could not hold a lawful inquest
The police have admitted it was a "pre-planned" operation but they have refused to release more details.The police have admitted it was a "pre-planned" operation but they have refused to release more details.
One newspaper claimed at the time of the shooting that police believed the trio were on their way to kidnap and rob a drug dealer.One newspaper claimed at the time of the shooting that police believed the trio were on their way to kidnap and rob a drug dealer.
But Mr Machover said there were many unanswered questions, such as why the police did not arrest the trio when they were in the street in Harlesden, rather than waiting for them to get back in the car.But Mr Machover said there were many unanswered questions, such as why the police did not arrest the trio when they were in the street in Harlesden, rather than waiting for them to get back in the car.
Three guns and ammunition were found in the car.Three guns and ammunition were found in the car.
That operation involved armed officers, and (Azelle) Rodney, who was in the back seat of his car, was shot in the course of that stop. He died Samantha CohenThat operation involved armed officers, and (Azelle) Rodney, who was in the back seat of his car, was shot in the course of that stop. He died Samantha Cohen
The driver and front seat passenger, Wesley Lovell, 26, and Frank Graham, 24, were later jailed for seven and six years respectively for firearms offences.The driver and front seat passenger, Wesley Lovell, 26, and Frank Graham, 24, were later jailed for seven and six years respectively for firearms offences.
At the pair's trial Samantha Cohen, prosecuting, said: "They were again followed by police and at about 7.40 a decision was made to stop the Volkswagen Golf they were in proceeding any further.At the pair's trial Samantha Cohen, prosecuting, said: "They were again followed by police and at about 7.40 a decision was made to stop the Volkswagen Golf they were in proceeding any further.
"That operation involved armed officers, and Rodney, who was in the back seat of his car, was shot in the course of that stop. He died.""That operation involved armed officers, and Rodney, who was in the back seat of his car, was shot in the course of that stop. He died."
But Mr Machover said: "While others in the car were later convicted of firearms offences there is no doubt that Azelle was not holding a gun at the time of the shooting."But Mr Machover said: "While others in the car were later convicted of firearms offences there is no doubt that Azelle was not holding a gun at the time of the shooting."
He said the case had naturally been overshadowed by the Menezes case but he said it was very significant in its own right.He said the case had naturally been overshadowed by the Menezes case but he said it was very significant in its own right.
Last week the Metropolitan Police were convicted of breaching health and safety laws over the shooting of Mr de Menezes. The trial heard that the Met were guilty of 19 "key failings". Mr Walker, who usually sits as deputy coroner for Oxfordshire, has been involved in a number of high profile inquests and made his name when he urged the attorney general to consider pressing charges against US troops who shot dead ITN reporter Terry Lloyd in Iraq.