Jean Charles de Menezes: IPCC Makes Decision on Shooting Discipline

The front-line firearms and surveillance officers involved in the shooting of Jean Charles de Menezes at Stockwell Underground Station on 22 July 2005 will not face a disciplinary tribunal the Independent Police Complaints Commission (IPCC) announced today (Friday 11 May).

The decision affects 11 of the 15 officers served with Regulation 9 notices. However, one of the 11, a surveillance officer, should receive management advice in relation to action he took after the incident. No decision about whether the commanders and tactical advisors involved in the incident should face disciplinary action will be made until after the trial of the Office of the Metropolitan Police Commissioner for an alleged offence under the Health and Safety at Work Act (1974). The trial is expected to begin in October 2007.

IPCC Chair, Nick Hardwick, notified Mr de Menezes’ family, the Metropolitan Police Service and the Metropolitan Police Authority of his decision this morning. He explained his decision as follows:

"I have considered the decisions on discipline I have to make very carefully. This has included examination of the detailed representations I have received from the MPS, MPA and lawyers representing the family of Mr de Menezes. I have consulted the Crown Prosecution Service.

"In reviewing the original material I am struck again by the challenge facing officers of the MPS following the carnage on 7 July 2005 (the extent to which any organisational failures by the MPS exacerbated that challenge on this occasion will be determined by the forthcoming health and safety trial). Set along side this is the fate of Jean Charles and the anguish of his family. He was shot in the head seven times by MPS officers on his way to work. He was entirely innocent. I cannot see anything he could or could not have consciously done differently that would have allowed him to escape. The grief and anger of his family is entirely understandable and as I have been powerfully reminded - remains unassuaged.

"I would not do anything lightly that adds to that grief or anger. Nevertheless, I do not believe there is anything to be gained by delaying decisions, however difficult and unwelcome for the family, where I do not see any realistic prospect of anything emerging that might change those decisions.”

Mr Hardwick went on to say:

"I have considered first of all whether on the basis of the evidence I have available to me there is reasonable prospect of disciplinary charges being upheld for each of the officers. I must make my decision on the basis of the evidence I have before me now.

"In considering the disciplinary issues I have looked at the evidence I have available to me now in relation to three time periods:

"Firstly, the incident itself from when Mr de Menezes was seen leaving the communal entrance to his flat in Scotia Road to when he was shot;

"Secondly, what was said by the officers involved after the incident;

"Thirdly, the planning and preparation that preceded the incident.”

In relation to the incident itself and what was said by the officers after the incident, Mr Hardwick said “on the basis of the evidence I have available to me now or any development that might reasonably be foreseen, I have concluded that there is no realistic prospect of disciplinary charges being upheld against any of the firearms or surveillance officers involved.”

In relation to the planning and preparation of the operation he said:

“I want to stress that the fact I am not yet ready to reach a conclusion about the conduct of the commanding officers and their tactical advisers in relation to the planning, preparation or control of the operation should not be assumed to give any indication of what my eventual decision will be.”

“However, I am conscious that the CPS has concluded that the organisational failings were so serious as to warrant charges under the Health and Safety Act.

“The CPS charges do not preclude individual failures in the planning, preparation and command of the incident amounting to misconduct.

“At this stage therefore, I think it is premature for me to consider the issues arising from the planning, preparation or control of the incident.

-ends-

Notes To Editors:

1. The IPCC’s Chair, Nick Hardwick, will not be doing any interviews in relation to this matter.

2. Any enquiries relating to the forthcoming health and safety trial should be directed to Annabelle McMillan at the CPS Press Office on 020 7796 8102.

Issued by: Rachael Collins, IPCC Press Officer on 020 7166 3142 or the duty out-of-hours press officer on 07717 851157.