De Menezes police 'misunderstood'

Updated 13.02 Tue Oct 02 2007

The Metropolitan Police trial over the shooting of an innocent man is based on a misunderstanding of how officers work, a court has heard.

A "catastrophic" series of errors led to the Brazilian's death at Stockwell Underground station in south London on July 22, 2005, the Old Bailey was told.

The team leader, code-named "Ralph" said he received radio confirmation that Mr de Menezes was "definitely our man"

The Met denies a charge under health and safety law over the death of Jean Charles de Menezes, 27, who was mistaken for a suicide bomber and shot seven times in the head on a Tube train.

If successful the prosecution "test case" could result in officers across the country losing the discretion to act as they see fit, it was claimed.

The court heard the firearms officers who gunned down Mr de Menezes had been told to use "unusual" and deadly new tactics to stop potential suicide bombers.

They were issued with special highly-lethal ammunition and warned they were dealing with suspects who were "deadly" and "up for it".

Officers from the armed "black team" were given the impression they were dealing with a "deadly and determined, suicidal bomber", the court heard.

The team leader, code-named "Ralph" said he received radio confirmation that Mr de Menezes was "definitely our man".

But Ronald Thwaites QC, defending, said the case was based on a misconception of the fast-moving and unique circumstances under which police had to operate.

He said: "The prosecution do not appear to understand how the police organise themselves, how they conduct major operations, or how they work."

Mr de Menezes had been followed by police from his home in Scotia Road, Tulse Hill, south London, an address linked to attempted bomber Hussain Osman.

One armed officer who was at the scene refused to administer first aid until Mr de Menezes had been checked over by bomb experts, who quickly established he was not carrying an explosive device, the court heard.

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