Officer "misled Met chief over Menezes"

The UK's top counter-terrorism officer deliberately misled his boss and the public over the shooting of Jean Charles de Menezes, a report has concluded.

The 27-year-old Brazilian electrician was mistaken for a terrorist at Stockwell Tube station in London on July 22, 2005, and was shot seven times in the head.

A report by the Independent Police Complaints Commission has upheld complaints against Assistant Commissioner Andy Hayman, finding serious concern over his conduct.

The report is highly critical of the Met after Mr de Menezes was shot on a Tube train having been mistaken for Hussein Osman, one of four men recently convicted of trying to set off bombs on London's transport system on July 21, 2005.

Metropolitan Police Commissioner Sir Ian Blair said: "Speaking personally, I have always made it clear that it was never my intention to mislead and, that if I had lied, I would not be fit to hold this office. I did not lie.

"I believe that public confidence was damaged when statements, for instance, about Mr de Menezes' behaviour and clothing were revealed to be inaccurate, largely by a leak rather than by official clarification."

Mr Blair added: "As far as the shot man was concerned, I knew my officers were conducting inquiries expeditiously, I knew that identification was going to be really difficult but dreadful as it was, this matter was only one of my concerns.

"I neither believe that my senior colleagues let me down nor that my position was unreasonable."

Mr de Menezes was followed by police from his flat in Scotia Road, Tulse Hill, south London, which was under surveillance due to the previous day's attempted attacks.

Armed police gave Mr de Menezes no instructions "an innocent man would have understood" when they confronted him on the train at Stockwell station, the inquiry revealed, contradicting the Met which said he had failed to obey a challenge by police.

The IPCC indicated that Asst Comm Hayman, who is still in charge of counter-terrorism, should face disciplinary action.

However, complaints against Sir Ian Blair, the Met's commissioner are not upheld. The IPCC found he was unaware of evidence suggesting the wrong man had been shot and was not informed of this until the following day.

"The commissioner did make inaccurate public statements, but we do not conclude that he did so deliberately," Mehmuda Mian Pritchard, a member of the IPCC told a press conference. She added: "Mr Hayman's failings were the most serious."

Asst Comm Hayman had told the IPCC that he could not remember saying to a group of journalists that the Brazilian was not one of the wanted July 21 men, which was later reported on TV.

But the IPCC said: "There is compelling corroboration that Asst Comm Hayman categorically stated at the CRA (Crime Reporters Association) briefing that the deceased was not one of the four wanted men.

"It is apparent that he deliberately withheld the information both that he briefed the CRA and on the contents of that briefing despite being asked for information by the commissioner.

"He therefore misled the commissioner, other senior MPS officers and representatives from the MPA (Metropolitan Police Authority) and HO (Home Office) who were present."

A press conference fronted by Sir Ian at 3.30pm on the day of the shooting had wrongly stated that Mr de Menezes had been challenged by officers and refused to stop when ordered.

However, the IPCC concludes there is no evidence that Sir Ian had lied.

The report, dubbed Stockwell Two, has been dogged by controversy amid a series of leaks which cast fresh light on the incident.

An IPCC secretary who released confidential documents about Mr de Menezes said her motivation had been to expose "a lie".

Meanwhile, a separate IPCC report has investigated the actual shooting of Mr de Menezes although this will remain unpublished until legal action against the Met is over.

The force faces an eight-week trial under health and safety laws in October that could result in an unlimited fine.

An inquest into Mr de Menezes' death remains adjourned until legal matters are concluded, despite a failed court action by his family to speed up the process.

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