Jean Charles de Menezes witnesses say police gave no warning A couple sitting opposite Jean Charles de Menezes said that they never heard undercover police identify themselves before they shot the innocent Brazilian, an inquest heard today. Ralph Livock was travelling with his girlfriend Rachel Wilson when they saw several men with guns board the train at Stockwell Tube station and move towards Mr de Menezes with their weapons raised. They said that they had no idea if the men were pranksters, police or terrorists and realised the severity of the situation only when the shooting started and Ms Wilson found that she was covered in blood. Never heard 'armed police' At no time, they said, did they hear anyone shout "armed police", contradicting accounts from other armed officers that they had identified themselves. The couple were sitting on the train reading about how four failed suicide bombers had targeted London's transport network the day before — July 21, 2005 — when the plain-clothed officers boarded the train. Mr Livock, asked if any of the officers identified themselves, said: "Absolutely not. On the television you see people with police caps or jackets. There was nothing like that." "One of my initial thoughts was that it was all a game and they were a group of lads who were just having a laugh, a very bad-taste laugh, but just having a game on the Tube because they were dressed in jeans and T-shirts but with firearms. "We had no idea whether they were police, whether they were terrorists, whether they were somebody else, we just had no idea. Man in front fired into Mr de Menezes's head "The thing that had me realise it was not a group of lads playing around or something else happening was when the first shot was fired. The man in the front fired into Mr de Menezes's head and at the stage it gets confusing in my mind." Ms Wilson said: "I thought they were messing around and then I thought they were terrorists and it was only when I left the carriage and somebody moved me gently out of the way that I realised they were good guys." Asked when she realised it was more serious than people playing a game she told Southwark Coroners court, sitting at the Oval: "When I looked down and there was blood on my hands." She said that she sat still hoping that the men with guns would not notice her. |
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Mr de Menezes looked like he was waiting for somebody to tell him what was going on
Mr Livock said that when the armed men appeared Mr de Menezes did not look scared.
"Mr de Menezes was looking as if he was, I hesitate to say confused, that's not really right, he was looking as if he was expecting somebody to say something, he didn't look frightened, he looked like he was waiting for somebody to tell him what was going on."
Contrary to what the armed officers told the court he said that he did not see the 27-year-old electrician get out of his seat and walk towards the officers.
"My recollection is that I didn't see him doing anything other than sitting," he said.
He added that he remembered Mr de Menezes reached towards the top of his trousers and then the shooting started.
Mr de Menezes was shot seven times in the head at point-blank range after being mistaken for a failed suicide bomber.
As Mr Livock got off the train he heard more shooting, he said.
He looked round and saw Mr de Menezes "slumped" in his seat and there was a lot of blood. |
Passengers ran on to a Victoria Line train before getting off at Pimlico.
They tried to get a member of staff to call police but he wanted to know why.
Mr Livock said: "He wanted reasons why he should call police and it was not until I showed him that Rachel was covered in blood that he tired to get hold of the police."
But he could not get through, the inquest heard, so the group of seven or eight witnesses went to a nearby pub and the landlord called the police.
Mr Livock said that officers interviewed them while other members of the public sat around drinking.
A third passenger, Wesley Merrill, told the hearing that he saw some officers wearing police hats.
Speaking outside the court Mr de Menezes's mother, Maria Otone de Menezes, 63, said: "None of the passengers heard the police give any warning or described Jean's actions as aggressive.
"It has been painful to me when police have implied he acted in a manner that contributed to his death."
Adam Fresco and Hannah Strange – Times Online October 30, 2008 |
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Wednesday, 10 October 2007
Menezes CCTV shows armed police
Armed police in pursuit of Jean Charles de Menezes have been seen in CCTV images shown to an Old Bailey court.
Firearms officers, including the two who shot dead Mr de Menezes on 22 July 2005, are seen entering Stockwell Tube station minutes behind the victim.
A surveillance officer said he had been shocked to see armed officers, after there had been "no information that they would be part of the operation".
The Met Police denies breaking health and safety laws over the shooting.
The pictures show Mr de Menezes walking through ticket barriers at Stockwell Tube station shortly before he was shot dead.
Surveillance officers are seen following the 27-year-old Brazilian, with firearms officers seen arriving at speed minutes later.
One surveillance officer, codenamed Graham, said he had been in the foyer of the station when the armed officers arrived.
"I have a recollection of them shouting, vaulting, attempting to vault the barrier," he told the court.
"I was surprised. I was shocked," he added.
"From the briefing point of view, there had been no information that they would be part of the operation."
The CCTV images also show frightened commuters running from the scene.
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Tactics
Mr de Menezes was killed the day after the failed 21 July 2005 suicide bombings.
The Met says that, while Mr de Menezes's death was a tragic mistake, it was not a crime because officers thought they were dealing with a suicide bomber.
On Tuesday, the Old Bailey heard that police following Mr de Menezes may have suspected he was using counter-surveillance techniques when he left and got back on a bus.
Mr de Menezes had got off the bus in Brixton town centre and started walking towards the Underground station - but after 20 metres turned back when he saw the station was temporarily closed.
An undercover officer, codenamed Ivor, reported Mr de Menezes's movements on his radio, but had not seen the Tube station was closed.
Ronald Thwaites QC, defending, told the court that given the officers did not know Brixton station was closed, it would have been "obvious" to suspect the suspect was using counter-surveillance tactics to lose someone who was tailing him.
The trial continues.
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Shot in the head seven times and once in the shoulder by armed police and killed
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From Times Online October 28, 2008
Officer stopped to reload gun while firing fatal shots at Jean Charles de Menezes Adam Fresco, Crime Correspondent
One of the firearms officers who chased Jean Charles de Menezes onto a tube train told today how he had to reload his weapon as he fired at point blank range at the innocent Brazilian because his gun jammed.
As the officer, known as Charlie 2, began to describe the fatal moment when the electrician was shot he said he wanted to acknowledge how distressing the process was for the family.
"Can I take this opportunity to acknowledge the family because I am very well aware of what we are going to describe and this is distressing for me and I completely respect and understand how difficult this is for them," he said.
"I would like to say I am a father and if he were my son I would be utterly devastated. And I would like to offer my condolences before I describe this thing that happened.”
The officer, who has been a specialist firearms officer for 17-years, told how he followed a colleague onto a northbound train at Stockwell tube station, believing they were following Hussain Osman, one of four failed suicide bombers who had tried to strike in London the day before, on July 21 2005.
Describing the moment he got onto the train and raised his gun he said: "At this point I was convinced that this man was a suicide bomber and he was about to detonate a bomb and blow us all up.
"I had the honestly held belief that unless I acted immediately I and other persons present were about to die and I formed the opinion that I had to shoot this man in the head and kill him instantly to prevent any detonation."
Alongside him on the carriage was another firearms officer, known as Charlie 12 and a surveillance officer.
As Charlie 2 got onto the train Mr de Menezes got up from his seat and started walking towards them before the surveillance officer grabbed him and pushed him back down on his seat.
Charlie 2 raised his gun, he told the inquest sitting at the Oval cricket ground, but did not remember anyone identifying themselves as police officers.
From behind a screen he said: "I ran forward and reached over the top of the surveillance officer and I pushed him down. I shouted 'armed police' and I held up the handgun to the head of the subject and I fired."
Asked why he shouted a warning at such a late stage he said it was out of training and to let members of the public know who he was.
Charlie 2, who said he did not hear any shots before he opened fire, said his gun jammed as he unloaded six shots. Mr Hilliard asked: “Can you explain why you fired six shots?” Charlie 2 replied: “At the time I fired I believed that I, and everyone else, was about to die."
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The court has heard that Mr de Menezes was shot seven times in the head.
Asked why he put the gun to his head he said: "I was so close because I didn't want to shoot the surveillance officer. He was between me and the subject. I knew C12 was there, I knew that there were members of the public on the Tube and I just could not afford to miss. That's why I got so close."
The officer, who said he had never before fired at a suspect, then described getting a stoppage on his gun that he had to clear.
"The important thing here is to remain calm," he said before telling how he corrected the problem.
The coroner said, Sir Michael Wright, said: "So, you had to actually reload the gun manually?"
"Yes sir, I cleared the stoppage manually and then carried on firing.
"At the time I fired I believed that I and everybody else was about to die. From my position - I am sorry, this is not pleasant what I am describing - I knew I could not access the brain stem and could not be certain that I could achieve instant incapacitation with one shot so I had to make sure that life was extinct.
"Because I had had a stoppage I was not sure if I had lost any rounds in the process."
After the shooting he shouted for everyone to get out and was covered in blood.
"I put on my police cap and noticed that I had blood on my gun, on my hands, on my arms, my face and all over my clothes."
When he learnt he had shot an innocent man the next day he told the inquest that he was "deeply shocked" and it was against everything he had trained for and the fact that he had killed an innocent man was something that he thought about every day.
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“Only God knows the pain I am feeling. He [Metropolitan Police Commissioner Blair] should be arrested.”
Maria Otone de Menezes — Mother of Jean Charles
“We were told that CCTV [closed—circuit television] tapes given to the police were not working.
The police are lying.
They emptied the tapes.
We are very upset about that lie.
Inside Stockwell station, we saw more than nine cameras,”
Giovanni da Silva — Brother | Bullet banned in warfare under international law |
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London Police Stalled Probe Into Shooting
By Mary Jordan Washington Post Foreign Service Friday, August 19, 2005; Page A13
LONDON, Aug. 18 — The London metropolitan police resisted and delayed an independent investigation into why their officers shot an innocent man seven times in the head on a subway car last month, the official police oversight commission announced Thursday, adding to growing criticism of Scotland Yard.
Officials from the Independent Police Complaints Commission, established in 2004 to restore public confidence after a series of high-profile deaths of minority suspects in police custody, said they hoped to make up "lost ground" and soon tell the public why Jean Charles de Menezes, 27, an electrician from Brazil, was killed July 22.
Immediately after the shooting, Ian Blair, the city's police commissioner, said Menezes "was directly linked to the ongoing and expanding antiterrorist operation." But the following day, Blair said that was not the case. He expressed his "deepest regrets" and accepted "full responsibility" for the death.
In explaining why de Menezes had been shot, police initially issued a statement saying "his clothing and his behavior at the station added to suspicions" they had about him being a potential suicide bomber. He was shot the day after a failed bombing on the London subway system and two weeks after a bomb attack July 7 on the transit system killed 56 people, including four presumed bombers, and wounded 700 others.
That police statement reinforced widely published reports that eyewitnesses said de Menezes had jumped over the turnstile at Stockwell subway station and was wearing a padded jacket despite warm weather. But Blair said Thursday that those reports had never been confirmed by the police.
"We have been as responsible as we could be in a very fast-moving scenario," the commissioner said, urging people to see de Menezes' "tragic" death in the context of "the largest criminal inquiry in English history."
But according to new police documents, witness statements and photographs aired this week on ITV News, de Menezes, contrary to the impression given by police, walked slowly into the train station and was wearing a lightweight denim jacket.
The new documents leaked to the television station indicated he was already being restrained by one officer when he was shot dead by another. The BBC reported Thursday night that a staff member of the police oversight commission had been suspended after an investigation into the source of the leaked documents.
Blair told BBC radio Thursday that there was no coverup involved and that he had no intention of resigning, as some have suggested. His office issued a statement saying that immediately after the shooting, Blair intended that "the terrorist investigation take precedence" over any investigation into the shooting.
On the morning of de Menezes' death, several police surveillance teams were watching the apartment block where he lived because one of the suspected bombers in the failed July 21 attacks, Hamdi Issac, was believed to be living there. Issac has since been arrested in Rome.
A British officer manning a surveillance camera failed to get footage of de Menezes because the officer had gone to use the toilet, according to the leaked documents. Had there been a clear photo of de Menezes, police might have been able to see that he did not look like Issac, who was born in Ethiopia.
Gareth Peirce, one of the lawyers for the dead man's family, called the investigation into the shooting a "chaotic mess." At a news conference, she said the family had asked the commission to find out "how much is incompetence, negligence or gross negligence and how much of it is something sinister." By British law, if a person dies in police custody, the investigation is to be turned over to the watchdog group. Analysts said that should occur within 24 hours. But de Menezes' lawyers said several days were lost as Scotland Yard resisted efforts by the oversight commission, saying "unprecedented" circumstances were involved in the bombings investigation.
John Wadham, deputy chairman of the commission, told reporters Thursday that the police "initially resisted us taking on the investigation, but we overcame that. It was an important victory for our independence. This dispute has caused delay in us taking over the investigation, but we have worked hard to recover the lost ground."
© 2005 The Washington Post Company |
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Thursday August 4, 2005 A new army special forces regiment was involved in the operation that led to the killing of an innocent man at Stockwell tube station in south London last week, the Guardian can reveal. The Special Reconnaissance Regiment, set up in April to help combat international terrorism, was deployed in the surveillance operation which led to the shooting of Jean Charles de Menezes, a Brazilian electrician, on July 22, according to Whitehall sources. The revelation came as Scotland Yard announced the first charges in connection with the terror attacks in London. Ismael Abdurahman of Kennington, south-east London, will appear before Bow Street magistrates today. He will be charged with having information he knew or believed may be of material assistance in securing the apprehension, prosecution or conviction of another person in the UK for an offence involving the commission, preparation or instigation of an act of terrorism. Yesterday Whitehall sources told the Guardian that soldiers of the Special Reconnaisance Regiment, modelled on an undercover unit that operated in Northern Ireland, was engaged in "low-level intelligence behind the scenes" when the Brazilian was shot. There was "no direct military involvement in the shooting", the sources said. It is believed to be the first time the new regiment was engaged in an operation. The regiment absorbed 14th Intelligence Company, known as "14 Int", a plainclothes unit set up to gather intelligence covertly on suspect terrorists in Northern Ireland. Its recruits are trained by the SAS. Geoff Hoon, the then defence secretary, said the unit had been formed to meet a worldwide demand for "special reconnaissance capability". Mr De Menezes was targeted because he was seen coming out of a three-storey block of nine flats, Corfe House in Tulse Hill, south London, identified as a building linked to the failed July 21 bombers. He lived on the first floor with his two cousins, Vivian and Patricia. Mr De Menezes was followed and seen boarding a No 2 bus, heading north towards Stockwell. Boarding with him, it is understood, were several plainclothes officers. Defence sources refuse to comment on suggestions that they may have been members of the Special Reconnaissance Regiment. Other officers followed the bus in vehicles. When it became clear that Stockwell tube was his possible destination, a team of armed police officers in plain clothes were alerted. They fired eight shots at Mr De Menezes at close range after the 27-year-old Brazilian ran on to a tube train. A senior police officer was running the operation from Scotland Yard's "Gold Command". The Independent Police Complaints Commission is conducting an inquiry into the shooting. It is certain to include the role of the Special Reconnaissance Regiment, and also issues relating to the false identification of the victim, and whether CCTV pictures of the failed bombers were available at the time. Another question is why the Brazilian — a suspected suicide bomber — was allowed to get on to a London bus when two buses had already been targeted. |
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Wednesday, 17 October 2007 |
Menezes picture 'was manipulated'
Police have been accused of manipulating a photo of Jean Charles de Menezes so it could be compared to that of one of the 21/7 bomb plotters.
The image had been "stretched and sized" to form a composite image of the Brazilian and Hussain Osman to show the jury, prosecutors told the Old Bailey.
Mr de Menezes was shot dead after being wrongly identified as one of the men who targeted London's transport system.
The Metropolitan Police denies breaking health and safety laws.
Mr de Menezes, 27, was shot seven times in the head on a train at Stockwell Tube station on 22 July 2005, after being wrongly identified as Osman.
The Met Police said the composite picture was created to illustrate the difficulties officers would have had in differentiating between the two men.
'Serious allegation'
But Clare Montgomery QC, prosecuting, told the court it had been altered "by either stretching or resizing so the face ceases to have its correct proportions".
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Forensics consultant Michael George told the court that the police composite appeared to have a "greater definition" than the two images used to produce it.
He produced an alternative composite, which was shown to the jury, in which the two faces had different skin tones and their mouths and noses were not aligned.
Ronald Thwaites QC, defending, asked Mr George whether there had been any manipulation "of the primary features of the face".
Mr George replied: "I don't believe there has been any... but making the image brighter has changed the image."
The court heard the composite was compiled using a 2001 identity card photograph of Mr de Menezes and a photo of Osman taken by police in Rome, where he was arrested.
Immigration records
Earlier, Mr Thwaites cross-examined immigration official Paul Roach over a counterfeit stamp found in the Brazilian's passport, asking if this meant he had been in the country illegally.
Mr Roach told the court Mr de Menezes first entered the country on 13 March 2002 and was given six months' leave to remain, before extending his stay, as a student, to 30 June 2003.
The next record was of him arriving in Ireland from France on 23 April 2005 but there was no notification of when he returned to the UK.
The court heard how as a person entering Britain from Ireland, he would have had an automatic three-month leave to remain which at the earliest would have run out on 23 July, the day after he was killed.
A counterfeit stamp found on his passport may only have been added after he entered the UK, Mr Roach said. | |||||||
Shot in the head seven times and once in the shoulder by armed police and killed
'Ivor' code name for undercover police involved in killing seen in background
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Friday, 19 August 2005 |
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Menezes' family calls for justice
Relatives of the Brazilian man killed by police on the Tube have demanded the resignation of London's top officer and the prosecution of those responsible.
They accused Met Police chief Sir Ian Blair of lying about aspects of the shooting, and of attempting a cover-up.
Sir Ian has "rejected utterly" the claims and said some of the disputed statements were never provided by his force. He has said he will not resign.
Mr Menezes was mistakenly shot as a suspected suicide bomber on 22 July.
Brazilian investigators are to fly to London next week for talks with the Independent Police Complaints Commission (IPCC) to clarify conflicting reports of how he died at Stockwell station.
The incident came a day after the failed 21 July attacks on the London Underground and a bus.
Investigation papers leaked to the media this week seemed to contradict initial police statements and eyewitness accounts of events.
And the IPCC has said Scotland Yard "initially resisted" the regulator's attempts to launch an investigation into the shooting.
Mr Menezes' cousin Alessandro Pereira said: "For three weeks we have had to listen to lie after lie about Jean and how he was killed."
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Speaking at a press conference near Stockwell station, Mr Pereira said: "I want Ian Blair to think how it felt having to ring Jean's mother and father... and tell them their son was dead, that he was killed in such a way.
"The police know Jean was innocent and yet they let my family suffer."
He said lies had been told about his cousin such as that he was a suspected terrorist, that he looked like a suicide bomber, that he was wearing a big jacket and that he ran from police.
But Sir Ian Blair has strongly defended his actions and those of his officers in the aftermath of the shooting.
In an interview with the London Evening Standard on Thursday, Sir Ian said people had to be careful about attributing statements to the police.
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"We have looked at what we have actually said about this incident. The number of features about heavyweight coats or hopping over barriers have never been said or confirmed by the Metropolitan Police Service.
"I did say there were direct links to the investigation and that is because he [Mr Menezes] came out of the house that we had under surveillance."
The BBC's home affairs correspondent Daniel Sandford said he did not think Sir Ian's position was at risk, but he would have to "sit it out" and take the criticisms.
He said it was important to note where the calls for Sir Ian's resignation were not coming from — and pointed out that no such call had come from the government, London Mayor Ken Livingstone or his employer the Metropolitan Police Authority.
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Graphic images
Yasmin Khan, from the Jean Charles de Menezes' Family Campaign, said the family had witnessed a "Laurel and Hardy police operation" in recent weeks.
She said there were three issues to consider, the first being the "shoot-to-kill policy", and the second the "incompetence of the police on the day".
"Thirdly the attempted cover-up and misleading by Ian Blair, the Metropolitan Police and with government officials colluding with this," she said.
She urged supporters to attend a vigil to be held outside 10 Downing Street at 1800 BST (1700 GMT) on Monday.
Chair of the Metropolitan Police Authority (MPA), Len Duvall, said Mr Menezes' death was a "tragic loss" but added the officers involved would also be under "immense strain" and needed support.
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"The MPA will do everything in its power to ensure that whatever the circumstances surrounding the fatal shooting of Mr de Menezes, the full facts and truth will be made known," he said.
Mr Duvall added London was facing an "unprecedented" potential threat to the safety of its inhabitants.
"This means calculated risks have to be taken, often by necessity in haste, and mistakes are therefore likely," he said.
Graphic photos of Mr Menezes' dead body lying on the floor of the Tube train have appeared in most of Brazil's newspapers.
The papers also reported claims from the leaked documents that the Brazilian electrician had not fled from police as initially claimed, nor had he hurdled a ticket barrier.
The Brazilian Foreign Ministry said the press coverage had heightened the government's sense of indignation at the shooting. |
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Thursday, 18 August 2005 |
Met 'resisted Tube death probe'
Scotland Yard "initially resisted" the investigation into the shooting of Jean Charles de Menezes, the Independent Police Complaints Commission has said.
The inquiry was not formally handed over to the IPCC until five days after the Brazilian was shot dead by police at Stockwell Tube station on 22 July.
Lawyers for Mr Menezes' family said vital evidence could have been lost.
Denying a cover-up and calls to resign, Met chief Sir Ian Blair said: "My job is to stay here looking after London."
Sources said a member of the IPCC secretarial staff had been suspended during an investigation into the source of the leaked papers.
'Extreme concern'
Mr Menezes was shot after police mistook him for a suicide bomber. The shooting came a day after the failed 21 July attacks on the London underground and a bus.
The BBC has also learned the shooting was not captured on Stockwell Tube's CCTV because police officers had removed the cameras' disks for their investigation into the suicide bomb suspects who boarded the train at the same station the previous day.
A lawyer for the Menezes family, Gareth Peirce, is calling for a public inquiry into the case to sort out the "chaotic mess".
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After meeting the IPCC she said: "We expressed our extreme concern that although they [the IPCC] have a statutory duty to investigate from the very moment of a fatal death at the hands of the state, they were not there."
Metropolitan Police Commissioner Sir Ian Blair wrote to the Home Office on the morning of Mr Menezes' death to make sure the terrorist investigation took precedence over any IPCC probe.
On Thursday, Sir Ian told BBC Radio Four's Talking Politics he would not have written the letter had he wanted to "cover something up".
"At that stage I and my officers thought the dead man was a suicide bomber and we were in the middle of the biggest counter-terrorist operation," he said.
He said he had written to ask the Home Office if it would be "wise to bring another set of investigators into the middle of that".
"Secondly, the IPCC has a duty — which I respect — to inform the family of everything they find and this is an investigation that involves secret intelligence," he added.
The investigation had been handed over to the IPCC "after we had considered those points" on the Monday after the shooting, as was appropriate in the "unique situation".
Sir Ian told the programme he knew nothing about allegations the IPCC inquiry had been delayed for a further two days.
Denim jacket
On the day of the shooting, a Scotland Yard spokesman had said that Mr Menezes' "clothing and his behaviour at the station added to [the officers'] suspicions".
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But investigation papers, leaked to ITV News, suggest the Brazilian electrician was wearing a denim jacket and walked into the station, picked up a free newspaper, walked through ticket barriers and started to run only when he saw a train arriving.
The documents contradict initial eyewitness reports suggesting Mr Menezes had hurdled a barrier at Stockwell Tube station and was wearing a padded jacket.
But Sir Ian told Talking Politics those reports had never been confirmed by Metropolitan Police officers, who "do not spin".
Mr Menezes' "tragic" death had to be seen in the context of what was "the largest criminal inquiry in English history", Sir Ian told the programme. "It is one death out of 57."
'Important victory'
The IPCC refused to comment on claims that a member of staff had been suspended over the leak.
But it said in a statement: "Both the IPCC and the Metropolitan Police Service recognise that the unauthorised disclosure of information cannot be ignored and must be addressed."
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Its focus was on the "search for the truth", it added.
Earlier, the commission's deputy chairman John Wadham said Scotland Yard had "initially resisted us taking on the investigation — but we overcame that. It was an important victory for our independence."
Mr Wadham said the IPCC was looking forward to meeting Mr Menezes' family and that he was confident he would be able to answer all their questions.
The inquiry was "making good progress" and should be completed within three to six months, Mr Wadham said.
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Shot in the head seven times and once in the shoulder by armed police and killed
Jean Charles de Menezes on escalator, followed by undercover police who killed him
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The revelations from the family directly contradict a Scotland Yard statement issued yesterday claiming that "the only discussions we have had so far with the family have been about initial expenses".
They will instead spark claims that the force was trying to buy the family's silence as it became aware of the scale of its errors in Jean Charles's killing.
The carefully worded letter spells out that the de Menezes family would retain the legal right to take further action against the Met, saying that taking the money "does not preclude you from taking legal proceedings against the police in future if you choose to do".
It offers to pay the costs of allowing them to discuss it with a solicitor — and even suggests, without apparent irony, that "a solicitor in England would be best placed to advise you".
Clumsily headed "Re: The death of Jean Charles de Menezes", it offers no explanation for the killing — nor does it at any point accept responsibility for it.
'Police refused to answer questions about shooting'
As well as couching the offer in highly legalistic terms, the letter makes a point of concluding: "Upon your acceptance of any offer made, I can arrange for payment to be made expeditiously' — reinforcing the point that the family could have the entire £15,000 at once if they went along with it."
Peter Burbidge, a barrister and law lecturer at Westminster University, said of the police letter: "It's obviously to keep them sweet, to stop them making too much fuss. It's moral hush money rather than legal hush money."
The allegations will place further pressure on embattled Met chief Sir Ian Blair over his handling of the death of Jean Charles at Stockwell station on July 22.
Last night Jean Charles's mother Maria, 59, revealed how she and her husband Matozinhos, 66, were pressurised into attending the meeting with Mr Yates.
"The police did not even tell us they were sending this delegation," said Mrs de Menezes, blinking back tears.
As the de Menezes family do not even have a phone, they had to rely on neighbours to pass messages.
'Family pressured to meet without lawyers'
"Neighbours told us they'd heard a report on TV and then a neighbour with a telephone passed a message that the meeting was the following day. We were very confused," Mrs de Menezes added.
Her other son Giovani said he begged the intermediary to ask the British police and ambassador to delay the meeting for a day or two 'so our lawyers could be present' but were informed that there could be no delay.
"They said they only wanted to express their condolences and discuss funeral expenses."
The following morning, with Mr and Mrs de Menezes still heavily sedated, they went to the town hall where they met a delegation consisting of Mr Yates, the British ambassador to Brazil, Peter Collecott, and a man introduced as an interpreter from the British embassy in Brasilia.
The meeting was opened by the local mayor, who introduced the family to Mr Yates, Mr Collecott and the other officials.
Mrs de Menezes said: "The policeman and the ambassador embraced each of us." Spreading out her hands in a gesture of embarrassment she said she recalled this embrace as a moment of 'humiliation'.
"This was the policeman whose men have killed my son," she said. "But I suppose they believed it was appropriate behaviour, being polite."
The family say they immediately tried to ask Mr Yates a barrage of questions about Jean's tragic death, saying that it seemed unnecessarily brutal. But the British contingent hid behind the cloak of 'a continuing investigation'.
"They made it clear that they were the important people who were in charge," said Giovani.
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By this stage, the Met was aware that — contrary to reports at the time — Jean Charles had not been wearing a bulky jacket and had not vaulted a ticket barrier. But Mr Yates made no effort to inform the family that such reports were wrong.
'Just £15,000 compensation'
Giovani said: "He said he was sorry about the accident but he would not be able to answer any questions about it, because the case was under investigation.
"My mother started crying and said she wanted the men who did this punished. The policeman said: "We are going to do the investigation and if there is someone who is guilty, they will be punished. By this time everyone in our family was crying. Not the policeman. He had a very serious expression."
The family said the British contingent handed them a letter expressing 'profound condolences' from the British ambassador written in Portuguese, which said the shooting was 'a lamentable tragedy'.
According to Giovani, Mr Yates then produced a second letter, written in English from the office of David Hamilton, the Met's Director of Legal Services, but signed on his behalf by Samantha Bird. It made a series of offers — to pay the costs of shipping Jean's body home, air fares of 'close family members' who accompanied the coffin from the UK and 'reasonable' funeral costs.
But most contentiously in the family's eyes, the letter offered a £15,000 ex gratia payment 'by way of compensation to you for the death of Jean Charles'.
Mrs de Menezes said she started to weep uncontrollably. "I thought it was disgusting for this policeman to be talking about money when my son was only just buried. I did not like having to sit near such a man."
Giovani added: "We did not understand what the offer of £15,000 was for because they told us at the beginning it was going to be about funeral expenses. If we had a lawyer, they could have explained everything. |
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'Fight for justice'
"So I told the Englishman we could not accept anything in the letter. We could only do that if our lawyer was present. I was worried they were trying to get away with paying just £15,000 and I didn't know if that would cover everything and if it was some kind of compensation."
The brother said there was no verbal pressure put on him to reconsider but he had felt considerable psychological pressure.
"These are important people. We felt we had to be polite. I wanted to jump across the table and punch the policeman but I restrained myself. It was not the time for putting a price on my brother's head.
"We are poor people and we were not even sure if it was a good offer. In Gonzaga, the average wage is 300 reals (£65) a month, but I used to work in a bank in Sao Paolo, so knew £15,000 might not sound so adequate.
"I told them we would put everything in the hands of our lawyers. But I can tell you that after learning this week how they have lied, we are not going to settle for £15,000."
Giovani added: "Maybe they thought they could get away with this because we were very poor. Now we are going to fight for justice even if it takes until the end of our lives.
"We do not want money in exchange for Jean's life but we want to punish them — so we want a lot of money. We are also concentrating on making sure these policemen go to prison.
"The policeman said that the letter was about giving us money to help pay for the funeral." Asked if Yates explained that the letter actually consisted of three parts — the first two concerning the expense of repatriating Jean Charles's body and funeral expenses, the third concerning formal compensation — Giovani repeatedly said: "No. I suspected they were trying to get us to agree to something that might be to do with more than just funeral expenses, which is why I decided to put the matter in the hands of our lawyer. I was mixed up, confused.
'I still don't know if they were trying to trick us but if that is true it is humiliating, very humiliating that that is how they think of us."
The family's London-based solicitors Birnberg Peirce said they had been acting for the family since July 22 and had protested to the Met.
"The meeting afforded the family little time to start coming to terms with the death. When raising concern with the Metropolitan police about the failure to consult, it was suggested the firm only acted for cousins in England and not the immediate next of kin."
After the hour-long meeting, Yates told a brief Press conference: "We did not come here to talk about money. We came to apologise."
Mrs de Menezes said: "Now I know the real truth about why they killed him, I am so hurt I can't sleep. First they killed my son but now they are killing me. I take sleeping pills but still I wake in the night shaking."
Giovani added: "When Jean came home in his coffin, they had bandaged the top of his head. My mother screamed and screamed. Why did they have to use this many bullets? Was it revenge because they thought he was one of the bombers? Was it really hatred that was so intense?"
Mrs de Menezes added: "The policemen must have been blind. My son was white. The man they were after was a black man.
"The London bombers' women wore veils. My son's last girlfriend wore jeans and tops. My son didn't hate Britain. He loved it. He sent me a Union Jack and a snow shake with the Houses of Parliament. I was so proud of him for making a new life there. When he was growing up, we were so poor that we couldn't afford to buy him shoes.
"He had to go barefoot. We had nothing — no car, no electricity. We used a horse for transport or walked, but we were happy."
Jean Charles's father told how his son had never forgotten his family and had helped build their tiny concrete bungalow home.
He said: 'We lived in a very ramshackle house, really just a shanty.
"Jean Charles and his brother brought back the money to build this house and after they put it up three years ago, Jean Charles installed the electricity for us and neighbours.
"We had a lunch to celebrate switching on the electricity and then we put music on the new stereo they'd bought us and we all danced. Any money Jean Charles ever had over, he sent to us. You couldn't ask for a better son."
Mrs de Menezes added: "The money we want cannot bring back my son but I hope it will make the police think twice before they shoot another mother's innocent son."
A Scotland Yard spokeswoman said last night: "We can confirm a letter signed by Metropolitan Police solicitors has been passed to representatives of Mr de Menezes family which provides a £15,000 an ex gratia payment.
"The letter is very specific that this sum does not inhibit any future claim the family may have against the Metropolitan Police service and this point was reiterated at the meeting.
"The reason for DAC John Yates' visit was explained to the family and it was made clear that as the IPCC were investigating the incident he would not be able to comment at all on the circumstances leading up to Jean Charles's death.
"All the arrangements for the meeting were made by representatives of the Brazilian Foreign Ministry."
Mail on Sunday 21st August 2005
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Shot in the head seven times and once in the shoulder by armed police and killed
Commuters ran from platforms, ordered to leave by police involved in killing
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| Contrary to what the officers told the court, Mr Livock said that he did not see the 27-year-old electrician get up and walk towards the officers. “My recollection is that I didn’t see him doing anything other than sitting,” he said. Asked if any had identified themselves, Mr Livock said: “Absolutely not. | Bullet banned in warfare under international law |
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Friday, 12 December 2008 Open verdict at Menezes inquest
The jury has returned an open verdict at the inquest into the death of Jean Charles de Menezes, whom police mistook for a suicide bomber. |
It rejected the police account Mr de Menezes was killed lawfully by two officers who shot him seven times at Stockwell Tube in south London.
His mother, Maria Otone de Menezes, said she was very happy and felt "reborn" after hearing the verdict.
The Metropolitan Police said the Brazilian's death was a tragic mistake.
After the verdict was announced the de Menezes family lawyer said officers should be investigated for perjury - a call immediately rejected by the Independent Police Complaints Commission.
The inquest jury was given the choice of two possible verdicts, but chose to reject the option that Mr Menezes was killed lawfully by the police.
Earlier in the inquest the jury was instructed not to return a verdict of unlawful killing.
'Feel reborn'
The 10 jury members were asked 12 specific questions about whether or not a series of events on 22 July 2005 contributed to the 27-year-old's death.
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After a week of deliberations, a majority of eight to two returned an open verdict and said they did not believe officers had shouted "armed police" before opening fire.
They said they believed Mr de Menezes had stood up from his seat before being shot. However they did not believe he had moved towards the first officer who opened fire.
They also rejected that Mr de Menezes' innocent behaviour had increased suspicions.
Mrs de Menezes said in a message sent from her home in Brazil: "I am very happy with the verdict. Since the moment the coroner ruled out unlawful killing, I was feeling very sad. But today I feel reborn."
Mr de Menezes' cousin Patricia da Silva Armani, speaking in London, said: "Today is an important day for our family. We have spoken to the whole family in Brazil and they like us are vindicated by the jury's verdict.
"It's clear the jury would have reached an unlawful killing verdict if they had not been gagged by the coroner.
"Mistakes of the police are now clear. Action must be taken against the officers responsible."
'Shocking tragedy'
Following the verdict, the Acting Met Commissioner Sir Paul Stephenson said Mr de Menezes' death had been a "most terrible mistake", which he "deeply regretted".
"He was an innocent man and we must accept full responsibility for his death," he said.
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He said the force now had to "learn from events to minimise the chances of this ever happening again".
Home Secretary Jacqui Smith said the death was "a profoundly shocking tragedy".
"What we have learnt from the accounts of the tragic events that day reminds us all of the extremely demanding circumstances under which the police work to protect us from further terrorist attack," she added.
Coroner Sir Michael Wright, who presided over the three-month inquest held at the Oval cricket ground in London, had previously said the facts did not justify allowing the jury to consider an unlawful killing.
Throughout the inquest, Metropolitan Police officers told the hearings they honestly believed the Brazilian was one of the four failed bombers who attempted to strike London on 21 July 2005.
But Mr de Menezes' family and supporters challenged this version of events.
They said they wanted answers to why surveillance officers could not identify the man they were following - and why two specialist officers shot the electrician at close range.
'Numerous obstacles'
De Menezes family lawyer Harriet Wistrich said the police officers who claimed to have shouted warnings before firing should be investigated for possible perjury.
"There was certainly evidence of perjury by certain officers and the CPS should look at it again at this stage and I am sure they will," she said.
The Independent Police Complaints Commission (IPCC) said Ms Wistrich was incorrect.
A spokesman said: "It is wrong to construe that there has been possible perjury from the findings of the jury because they were asked to decide on the balance of probability.
"The jury could not indicate whether they believed certain witnesses were mistaken or lied."
Asad Rehman, of the Justice4Jean campaign, said the jury had been "gagged" by not being able to return a verdict of unlawful killing.
"There were numerous obstacles placed in the path of that jury. The coroner failed to resist the incredible pressure put on him by the five separate police legal teams and the jury was prevented from considering all the verdicts including unlawful killing," he said.
'Proportionate actions'
Police Federation chairman Paul McKeever said the verdict marked the end of "a long and traumatic inquiry" for the de Menezes family and the police.
"The officers involved in this incident believed their actions were proportionate and necessary from the information available to them at the time," he said.
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Chief Constable Ken Jones, president of the Association of Chief Police Officers, said the officers were "breaking new ground in their determination to confront men believed to be intent on mass murder".
"They went forward and did what they sincerely believed to be right to protect us. They went forward believing that, at any moment, they might be killed," he said.
IPCC chairman Nick Hardwick described Mr de Menezes' death as "truly shocking", adding that police needed to make operational changes.
Judicial review
The de Menezes family called on the CPS to re-examine the case to see whether a criminal prosecution could be brought.
They also want the IPCC to review their inquiry into the death in respect of disciplinary action against police officers and are calling on the home secretary to suspend the "shoot-to-kill" policy.
They plan to apply for judicial review of the coroner's decision not to offer the jury the option of returning a verdict of unlawful killing.
The CPS, which decided in 2006 that no police officers should face criminal prosecution over the killing, said it would "consider the verdicts and any fresh evidence very carefully and decide whether we need to review our decision".
The coroner will write to the acting commissioner, the home secretary and the Metropolitan Police Authority to raise issues over police practices.
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A patch of pavement outside Stockwell tube station has been turned into an unofficial shrine for the police killing of Jean Charles de Menezes.
Photo: Michael Crabtree/The Times |
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Driver of De Menezes train thought police were terrorists
Peter Walker and agencies
Tuesday November 04 2008
The driver of the underground train on which Jean Charles de Menezes was killed believed the police who shot dead the young Brazilian were terrorists, an inquest heard today.
Quincy Akpesiri Oji ran across live tracks into a tunnel to escape from the police, who he believed were "fanatics" shooting at passengers.
"I got to the Stockwell tube station just before 10am," Akpesiri Oji said in a statement read to the inquest into de Menezes's death. "When I got there the light was red. This was unusual.
"I then heard people screaming and I looked at the monitor at the front of the train. I heard gunshots. There were about 15 of them. I think there were about 15 shots.
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"I saw one of the men with a large gun shooting and I thought they were fanatics and they were shooting at people on the carriage. I have run into the dark tunnel."
The driver spoke of his fear, saying that the tracks were live and trains were approaching nearby.
He added: "I stood there with my back against the wall for about 20 seconds. Someone flashed a light into the tunnel. I said, 'Please do not shoot — I am the driver.'"
De Menezes was shot seven times in the head shortly after he got onto the train at Stockwell station in south London early on July 22, 2005.
Police killed the 27-year-old, mistakenly believing he was Hussein Osman, one of a group of would-be suicide bombers who had attempted to set off bombs on a number of tube trains and a bus the previous day.
Police involved in the operation have told the inquest — being held at Oval cricket ground, near Stockwell — that they had shouted warnings to de Menezes, identifying themselves. One officer said the Brazilian then stood up and walked towards them, prompting fears he was about to detonate a bomb.
However, a series of passengers travelling on the carriage where de Menezes was shot have contradicted this account, saying they heard no warnings and that de Menezes gave no significant reaction to the policemen's arrival.
One passenger, Anna Dunwoodie, said yesterday that the young electrician appeared calm as a gun was held to his head. She was "very, very clear" officers did not shout any warnings before shooting him dead.
Later, the inquest heard from a scientific expert who said de Menezes had taken cocaine less than 12 hours before his death but added that it was impossible to know whether this might have affected his behaviour.
Explaining the possible effect of trace amounts of cocaine in de Menezes's system, Graham Mould, a drugs expert at Royal Surrey County Hospital, said the Brazilian could have been in a state of "dysphoria", meaning depressed or anxious.
"There may have been an element of agitation as well," he said. "Whether this would lead to unusual behaviour which caused the police to act as they did, I would suggest, is difficult to say."
Another expert, Dr Franco Tomei, explained that tests showed de Menezes was killed as he was pinned down to his seat.
"When the shots were first sustained, Jean Charles was probably pushed over on his left side. His head would have been horizontal," he said, adding that a single bullet would have been enough to incapacitate him in that position.
Guardian Unlimited © Guardian Newspapers Limited 2008 |
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