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London police cleared of manslaughter but prosecuted under H+S laws
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Posted By Descarte
The police although they do have over riding policies training assessments back ground intellegence experinces also rely on a thing called intuition and "Dynamic Risk Assessment". There had been recent bombings, failed attempts and when ordered to stop he ran. In an underground trainstation days after bombers had been in there could you have called it on your concious to give him the benefit of the doubt and risk the lives of hundreds of people? Its a very tough call and I dont envy those who have to make them every day.
Not that I condone anything which was done, if you treated this as an accident investigation I think the under-riding causes could include understaffing, over working due to a perfomance driven force, lack of training and intellegence. Insert government vs public and tax funding debate here '......', is it friday yet?
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Posted By J Knight
Descarte,
I also feel we need to focus on the underlying causes; given the briefing those holding the triggers had and the pressures they had been put under by their superiors it may well have been unjust to blame them. If the officers who pulled the trigger had been the sole people in the dock I would have seen it as letting the entire Met culture & management off the hook. They shouldn't have shot him, but they also shouldn't have been told to,
John
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Posted By Graeme
Yet Again......Its nothing to do with their decision to shoot
Its the policies and procedures prior to the shooting that are being questionned.....it shouldnt have even got to the stage of the shooting had adequate procedures been in place.
But onto the decision to shoot, the footage shows he was wearing no back pack and was wearing no heavy jacket, intial reports of these were changed in the report (yet another incompetence)...
so the need to shoot someone, who was in jeans and t-shirt, with no backpack.... 8 times in the head from point blank range was?
trigger happy and poor management
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Posted By Gary IMD(UK)
I have to say, in my opinion, Rob T speaks volumes and certainly echoes my thoughts! Everyone will have their beliefs, etc, however, hindsight is such a wonderful thing. IF we knew then, what we know now, then yes, I'm sure it would be different. Put yourself in the Police Officers position. Are you seriously, after tracking this guy, given 24 hours earlier, there was a failed attempt to blow up tubes and buses, going to give him the benefit of the doubt... and risk being obliterated yourself, with countless others?
A perfect world, eh? ... If only! And yes, I too blame the bombers, as you have no defence against their beliefs and actions.
Harsh world we live in!
Take care!
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Posted By Jez Corfield
Descarte
The police have already confirmed that he didnt run, he even stopped to pick up a paper, part of the problem lies with who did the stop, the fireams team (SO19?)is a different team to the intelligence team (SO13?), and were called in at the very last minute, their comms didnt work underground.
Their last order was to stop this individual under the rules for suicide bombers, they had no option other than to shoot, it was standard operating procedure for the environment and situation. Unfortunately the management and control was flawed. They may have been able to apply 'dynamic risk assessment' but when there is a specific order in place, it is the SOP that is wrong, rather than the ability of those officers to risk assess or apply judgement.
Jez
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Posted By Rob T
That's funny Graeme I didn't know that you were actually there when it happened. As someone who used to work in the media could I just remind you not to believe all you read in the press (especially the Grauniad!).
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Posted By J Knight
Hi Rob,
And could I remind you of the same?
John
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Posted By Graeme
Rob
Funny that i was refering to the OFFICIAL IPCC report with regards to the not wearing of a heavy jacket or back pack or infact running....
The only gaurdian reference or in fact general media reference i have used was the one refering to blair very near the start.
yes well all know the media people do talk crap most of the time, as is quite evident here
So find your dummy and put it back in....then i will call you a taxi for one
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Posted By J Knight
Well, Rob and Gary think he should have been shot, the rest of us don't. That's not entirely the point, though, is it? I mean, nobody actually knows yet what was said and done, and that's what the Court proceedings should be about.
If the Police were entirely justified, the courts will acquit them, if not, they will punish them. The H&S issue is about the applicability of HASAWA, and it does look from both sides of the fence that there may be a case to answer; one side expects it to be answered with confidence, the other expects the Police to wilt and wither in Court. We will see.
Me, I'm going to cross the road if I see a copper, and i won't run while I do it ;-)
John
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Posted By Phillipe
Jez
Could they not have taken this action in the open and not in a tube train. They must have had plenty of opportunity to take this action in the open and disable him permanently? From what I recall they tailed him for a while in the open, why wait until he actually got on a train, that is the bit I find hard to understand, actually allowing him to get on a train in the first place, a suspected bomber...seems a bit of poor judgement if you ask me by allowing him to get that far in the first place and potentially detonate a bomb.
Shoot to kill is always going to have it's problems. You could argue there is a war on terrorism and innocent people will get hurt as a result, but the police must be 100% sure they are killing the person they are supposed to be killing and not an electrician/plumber/ from Brazil in the country illegally trying to better himself.
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Posted By Gary IMD(UK)
John,
That is certainly not what I said and I'm sure Rob didn't say that either.
Please stop twisting the truth and putting your own spin on it.
Take care!
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Posted By Rob T
Graeme, it seems like you have some political axe to grind here.
May I just say that I attended one of the "incidents" underground in London as an H&S Advisor, within hours of the event. Unlike you I've actually witnessed the aftermath and as such I think I am entitled to express a view which hasn't come from chatting to my mates in a pub.
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Posted By J Knight
Gary,
I don't know; saying 'Are you seriously, after tracking this guy, given 24 hours earlier, there was a failed attempt to blow up tubes and buses, going to give him the benefit of the doubt' seems to me very much like condoning the officer's actions, and since they shot him it does seem to me like you are saying that was the right thing to do,
John
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Posted By Graeme
Of course you did...thats why you have only mentioned it now after 50+ posts that you had first had experience, and that you have been shot at several times etc etc god you do get about
Sure your not at school?
As it happens i was 3 streets away when tower 2 collapsed....as you will understand thats pretty damn close, infact close enough to hear the bodies hitting the ground for 30 minutes before it fell....so yes equally as qualified as you to talk about 'pub banter'
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Posted By J Knight
Rob,
Nobody, but nobody is saying that blowing up tubes is anything other than an appaling breach of all morality and an utterly deplorable action. What they are saying is that Mr DeMenezes wasn't intending to blow anything up; like 8 million other Londoners he was just going about his business, and the Police shot him. Nothing to do, as far as he was concerned, with the bombings,
John
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Posted By Gary IMD(UK)
John,
'...and since they shot him it does seem to me like you are saying that was the right thing to do'.
In the circumstances, and without the benefit of hindsight, yes.
But that is nothing like saying... Well both Gary & Rob want him shot!
Take care!
PS. I'm sure the Mod's must be having a well earned rest today, after spending all weekend trawling the threads! Not a snippet from them today!
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Posted By Graeme
I noticed that myself, i thought this discussion would have been closed long ago in all honesty.
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Posted By J Knight
Gary,
I didn't say you wanted him shot, just that you thought he should have been, I suppose I could have added 'in the circumstances',
John
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Posted By Calum Clark
The police's shooting policy is, to my mind, somewhat justifiable. Police usally shoot to nuetralise and where you have suicide bombers who may have explosives strapped round their torso, the head shot is all that is left. A shot to the leg still leaves the terrorist able to push the button. And if he does, the armed officer will die too in the explosion
The failing in this case was not the "shoot to kill" policy itself but the misdentification of Mr DeMenzes as a terrorist likely to detonate a bomb at any given moment. It was poor intelligence that led police to believe that the he was probably about to detonate a bomb and to implement the shoot to kill SOP incorrectly.
A section 3(1) case would have to prove that the police did not do all that was reasonably practicable in gathering intellegence and investigating whether or not this man was highly likely to be a terrorist before implementing the shoot to kill SOP. I.e. was a member of the public was placed at risk by the police (i.e being subject to a shoot to kill procedure) when more could have been done to establish how likely he was to blow stuff up before giving the shoot to kill go ahead.
If this was the case then HASWA would have been breached whether or not Mr DeMenzes was shot. No-one could be followed by officers authorised to shoot to kill if the suspect fails to stop unless the police can prove they have done all that is reasonably practicable to identify a high level of threat. And that's not a bad thing.
A section 37 case, as sombody above suggested, would have to prove that somebody senior was negligent in his/her duties and this led to the misidentifiaction of Mr DeMenzes as a high threat level terrorist.
The use of HASWA does seem to be the easy way out of a political problem as the police can be publicly punished without individuals being punished and justice is seen to be done.
However, I haven't been in this health and safety game long so my interpretaion of HASWA might be a bit shaky and my political cynicism a touch harsh.
Calum
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Posted By Gary IMD(UK)
John,
Then perhaps we agree at last! It will always be an emotive subject and scapegoats will always be found. Unfortunately, the Terrorists just feed off of the publicity.
Take care!
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Posted By John Allen
As an HSE Professional I am frankly appalled at this miss-use of the HSW Act for what appears to be political reasons. It makes the government look like it's doing something; in reality the case will probably collapse because it will be held that the circumstances are outwith the original intentions of the Act. Alternatively if the Met is found guilty the organisation as a whole will be fined and as someone has already pointed out the taxpayer will pay.
There is a wider issue here rather than just this single regretable death. I understand that in recent years something like 100 members of the public have been shot or died in police custody without a single policeman being charged with any offence. I know that at times the police do a difficult job but people are held accountable in other stressful walks of life when they have made mistakes in difficult circumstances. Why are the police always different?
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Posted By Dave Wilson
Can I just say before my post I have very deep sympathy for the relatives of this unfortunate chap.
Put another slant on this.
I have been on the other end of the gun looking down the barrel, on a number of occasions, with one up the spout, and the safety catch is flicked off and I am was prepared to shoot and if necessary to kill in the line of duty as I felt my life and others of my patrol were under immediate threat, however never did as the situations got resolved.
Would I have pulled the trigger if I had thought this chap had a bomb about him and was ready to let it off, dam right I would! Its difficult to criticise if you have never been in that situation. If and its a big If what if this was a suicide bomber and blew himself up along with 20 others and the Officers had a shot and did not take it - we would be villifying the Met.
I am not trying to excuse what was done as it was completely and utterly wrong but the HASAW Act! come on.
The issue here is about the Met PS not having correct procedures inplace to give 'direction' to the armed officers, in the military in situations like this we had a 'yellow card' rules of engagement and you were authorised to use this type of force in the circumstances as they presented, if you followed them then everything was OK.
Did the met have them, I cannot for one minute think that they didn't, maybe well be proved wrong.
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Posted By Gary IMD(UK)
Good post, Dave.
It must be this hot weather... we're starting to agree!
Take care!
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Posted By Jez Corfield
Phillipe
You are right, the ideal situation is to stop the suspect in the open, and get him to strip whilst officers keep him in their sights at a safe range, this is a well practised and smooth drill for the Israeli Defence Forces (IDF) who do this regularly and safely.
The problem, and the management failing, is that the officers who could do this (SO19?) arrived too late - in that he was already in the station, he was being tailed by intelligence officers, who may not have been armed (or authorised), and therefore couldnt do the stop.
The armed officers arrived so late he was already on the train - their options are then limited, their rules of engagement for potential suicide bombers will have been to shoot to kill, as we saw with tragic consequences.
Not the fault of the officers, but of the systems and command structure.
Jez
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Posted By Sima Patel
Contributers are reminded of the IOSH Acceptable Use Guidelines. Any breaches of these guidelines will be dealt with in the usual fashion by the Moderating Team.
The team do not wish to stifle debate but contributers must comply with our regulations.
Martin Bessant - Lead Moderator
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Posted By RA
This thread has a lot of conflicting views, but basically one innocent man was killed whether be it in the line of duty, the Constabulary/MI5 must stand up and take it on the chin.
Information GIVEN to these officers resulted in this death and the family of the victim desrve justice.
Look at Northern Ireland, how many of the Chiefs have stood in the dock- it is always the foot soldiers that the blame is thrown at.
An additional note- I think using Israel as a good example during the current situation could stir up a lot of feelings that are not for this forum.
RA
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Posted By Graeme
Appologies mr Moderator, various people post were probably under hand and unecessary
From what i can tell the general consesus is
1)The Police Officers are not at fault, The shooting was the only reasonable option at the time based on the circumstances and orders they had been given.
2)Policys and Procedures, and more to the apoint approaches taken by senior police staff are some what to be desired and need a re-think.
3)HASWA shouldnt be used as there are more suitable areas to prosecute on, however it probably could be used to prosecute effectively
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Posted By Merv Newman
I think it is well known to regular readers of this column that Rob T has been shot at a number of times. At one time his job was to ensure H&S for people liable to be shot up and/or bombed. (I'm saying this for your Rob, hope you don't mind if I blow your cover)
So if any of us have an inkling of the mindset of those who are likely to die within the next few seconds if they don't get it right - I'll bow to Rob.
My personal feeling, from an extremely remote point of view, is that those doing the shooting had intelligence that the person they were following was a probable terrorist and, probably, carrying a bomb. And probably intending to set it off in an underground train. They waited, following him and confirmed the third part. He boarded an underground train. They then followed orders to stop him. And found themselves in close, bodily contact with a (probable) bomb. Which could have been detonated by any action or gesture of the bomber. I'm sure he struggled and resisted physical arrest. I would suggest that there was a high degree of panic and the people concerned took action to protect themselves from immediate death. This action resulted in the death of a totally innocent person.
I can understand. I cannot condone.
However, I believe that the case should be considered at the level of "corporate manslaughter"
Management placed those officers in a, for them, life threatening situation. They took action, influenced by faulty intelligence and poor management policy and direction, to protect their lives and the lives of others. We should not, I feel, condemn or criticise them.
Someone, at a much higher level, requires to be hung (deleted) out to twist and dry in the wind.
Merv
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Posted By Bill Fisher
A number of postings have been removed from this Thread, where the AUGs and the basis for professional discussion have been ignored.
Those whose e-mail addresses are not live will not have received e-mail confirmation.
This posting is to remind everyone of the AUGs and the need to ensure a professional approach on a subject that is emotive.
The Moderators will not hesitate to remove postings which breach the AUGs.
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Posted By Vincent Hearn
Just thought I'd add some thoughts...
As I recall, the last time the Met Police were prosecuted under H&S Legislation (The two Commissioners (Old and new)John Stevens was one, can't remember the other, could have been Iain Blair) due to risk assessment not being suitable and sufficient (Constable falling through a skylight whilst in pursuit of a suspect) it was thrown out!!
If Mr Menezes was a terrorist, and activated a bomb and the police didn't do anything with a high loss of public life, would they still have been prosecuted under S3 due to an omission ie the public not being in the employer's employment?
Seems the Police can't win, but whilst I understand the rationale of using HASAW, it does send some awkward messages to an already sceptical public about H&S.
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Posted By Raymond Rapp
The CPS decision to prosecute under H&S law seems to be the 'soft' option. No doubt many already sceptical members of the public will also feel the same. It is one thing prosecuting a company or NHS Trust for inherent management failures, but to prosecute the police because someone was shot (7 times) in a 'shoot to kill' policy is a completely different matter.
Ray
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Posted By SAF
Curious to know what a 'terriorist' looks like? Not so long ago anyone with an irish accnt was deemed to be a potential 'terrorist'....
Food for thought
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Posted By Hilary Charlton
Like most contributors on this thread I am torn. I cannot condone the police action but cannot take action against the individual policemen who were forced to make a decision under pressure with, what appears in hindsight to have been, poor information.
I think they are absolutely right to prosecute under HASAWA. The policemen were at work and the victim was a member of the public - they failed to carry out their duties to ensure his health, safety and welfare as a result of their actions.
We should feel very sorry for his family and I am sure that we all do as this must be the overriding factor, however we should also feel some charity towards the policemen who based their actions on bad information and now have to live with with the knowledge that they killed an innocent man. This angle does not appear to have been considered and it is for this as much as for De Menezes that a prosecution of the system which lead to his death and a removal of key figures from post is a mandatory requirement. De Menezes was not the only victim here.
Hilary
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Posted By snt
I would like members to note that a new dimension has been introduced to Health and safety At Work Act. Every police and institutional crimes can be classified under this act. For a start, who is at work? On whose premises was the act committed? Who is at fault, metropolitan police or the London Underground? If this case is proven, the London Underground would be liable for not protecting their passengers's safety and not issuing permit to enter to the London Police. Secondly, the Police can be liable for entering a premises without authorisation.
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Posted By Anwar Afzal
a Risk assessment is needed to walk the streets now?
If you look foreign or are muslim, please stick note on forehead stating i am not a terrorist but a normal muslim.
Then you will be covered by safe of systems of living.
Anwar
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Posted By snt
You dont have to look foreign or be a muslim to be a terrorist, it is all stereotyping.
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Posted By SAF
I agree, its all about stereotyping. I mean what does a muslim look like?
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Posted By Rob T
Strangely it was a prominent Muslim who said - most Muslims are not terrorists but most terrorists are Muslim.
I don't think stereotyping comes into this argument about whether H&S laws are meant to deal with a shoot to kill policy which by definition means that someone somewhere will not be safe. That's the stupidity of trying this under safety laws!
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Posted By Paul Hay
Without going into who I think is wrong and right in all this, i just feel this is a classic example of misusing H&S legislation. What next - the army prosecuted under Sec 3 for a friendly fire incident?
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Posted By Bob Shillabeer
I have read most comments put on the forum and am quite honestly amazed how the moderator is allowing openly blatent comments such as the Gon Toting metstoomtrouper to be published. In my experience ther are no gun toting met stoormtroupers and one must remember what these officers were facing. On July 7 2005 52 people were blown away by four terrorists while going about thier normal business, two wweks later another attempted attack was foiled by the incompetence of the bombers. Add to this the very high tension these officers were under and thew fact they belived the individual they were following was a potential terrorist who actually went onto the underground and the risk to public lives and thier own lives they accted in the unfortunate manner that led to the death of an innocent man. What if the man was a terrorist and was carrying an explosive device which resulted in several deaths would this not have been abreach of the officers' duty and a breach of the Mets' duty to the unfortunate innocent membeers of the public, in short a case of damned if you do and damned if you don't. The bacckground is well known and has been discused by experts and so called experts for almost a year. Now the CPS decides there is insufficient evidence to procecute anyone under other legislation so they drop back to the good old HASAW Act; by the way one cotributor said the procecutions were under section 3 and section 33, section 3 yes it is possible but not under section 33 as this section simply lists the offences under the Act and you cannot be prosected for a breach of an offence!!
Please moderators stop political bias and lunatic comments even if somewhat understandable being publish.
My last comment is the over riding purpose of this forum is to allow professional comment reflecting professional matters and standards not ranting of possibly justified people.
PS I was in London on that day and used the tube from Paddington shortly before the attack and was about 100 yaerds from the location of the bus explosion and saw the faces of many Londoners and commuters to understand the terror they felt so please treat this issue with professional respect and quiestion the validity of charges under the HASAW Act to the case and not rantings of idiots.
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London police cleared of manslaughter but prosecuted under H+S laws
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