On August 4th 2011 (4/8/11) Mark Duggan was shot and killed by the
police in Tottenham, north London following an armed traffic stop. This
triggered some of the most ferocious and widespread rioting that the UK
has ever experienced. Today a Coroner's Inquest released its findings
into the killing. Due to the importance of the incident this Inquest was
unusually held in front of a Jury. That Jury of 10 was asked to answer
five specific questions;
1. In the period leading up to the shooting did the police (MPS) and
Serious and Organised Crime Agency (SOCA) do everything realistically in
their power to collect and act on intelligence that Duggan was taking
possession of a firearm from Mr Hutchinson-Foster?
The jury found unanimously that the MPS and SOCA did not do everything
in their power noting that there was insufficient intelligence and no
emphasis on exploring the intelligence to find out if there was a need
for Duggan to be stopped or whether other less dangerous action could be
taken.
2. Once the decision to make the traffic stop had been taken was it
carried out in such a way as to minimise the need for the use of lethal
force?
The jury found unanimously that it was.
3. Did Duggan have a firearm with him in the vehicle prior to it being stopped?
The jury found unanimously that he did.
4. How did that firearm come to be on a patch of grass some 20 feet away from the vehicle at the time Duggan was shot?
8 jurors found that Duggan had thrown the firearm away as soon as his
vehicle had come to a stop and before either he or the police officers
had exited their vehicles. 1 juror found that Duggan had thrown the
firearm away immediately after exiting his vehicle. 1 juror was unable
to answer the question because no witness had seen Duggan throw the
firearm. However this means that 9 of the 10 jurors believe that Duggan
was totally unarmed when the police officers opened fire on him.
5. When Duggan was hit by the fatal shot did he have the firearm in his hand?
Again 8 of the jurors found that Duggan certainly did not have the
firearm in his hands when he was hit by the final shot. 1 juror found
that it was more likely then not that Duggan did not have the firearm in
his hands when he was hit by the fatal shot. 1 Juror found that it was
more likely then not that Duggan did have the firearm in his hands when
he was hit by the fatal.
Having answered those five questions the jurors were asked to decide
whether Duggan had been lawfully killed, unlawfully killed or leave an
open conclusion. In order to be lawfully killed Duggan had to present
what was believed to be a real and present threat to the lives and
safety of those around him. With 8 of the jurors certain that Duggan was
unarmed at the time he was shot and 1 believing it to be most likely
that he was unarmed they seemed to have little option other then to find
that Duggan was unlawfully killed.
However the question is not whether Duggan was armed and posing a threat
but whether the police officers believed, mistakenly or not, that he
was armed and posing a threat. All of the police officers swear blind
that Duggan either had a firearm in his hand or was reaching for a
firearm that was in his belt. The sole civilian witness stated that
Duggan was unarmed, had his hands raised to surrender and likened to his
shooting to an execution. With lots of witnesses saying one thing and
only one witness saying something different it is near impossible for
jury to find in favour of the minority witness over the majority.
I would though be interested in reading the transcript of the
proceedings to see if the Inquest was rigorous enough in questioning the
police witnesses - they are of course the ones with the most incentive
to lie.
20:40 on 8/1/14 (UK date).
Edited at around 10:50 on 9/1/14 (UK date) to add;
Immediately following the announcement of the Inquest's findings the
MPS' Assistant Crime Commissioner Mark Rowley gave a statement on the
steps of the Court house. This did not go well as he was effectively
drowned out by a crowd of supporters of the Duggan family. Since then
people having been lining up to call this a public relations disaster
for the police. However I think Rowley knew exactly what he was doing
and what the reaction would be. His intention seemed to be to act as a
lightning rod for public anger so everybody got it out of their system
in that small, easy to control situation rather then allowing it to go
off and fester on the streets of Tottenham.
I guess though that it is difficult for politicians and members of the
media to realise that sometimes there are more important things then
public relations.
That said Rowley is not helping his cause by repeating in every single
interview since that the jury found that Duggan had been lawfully
killed. That's because to me it seems as though the jury found that
there was insufficient evidence to prove beyond all reasonable doubt
that Duggan had been unlawfully killed which is a very different thing.
Perhaps the Coroner should have been more clear in their direction of
the jury about the circumstances in which they can return an open
conclusion.
(Originally Posted on 8/1/14)
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