MOJUK Report
maurice.kellett
Miscarriages of JusticeUK (MOJUK)
Tele: 0121-554-6947 Fax: 0121-554-7891
mo...@mojuk.org.uk
http://www.mojuk.org.uk
==================
You can kill and get away with it!
The police named below, were all involved in the deaths of civilians, not
one of them will ever spend a minute behind bars.
Inspector Neil Sharman and Police Constables Kevin Fagan, Nigel Dawson, Neil
Blakey, Mark Ellerington, Matthew Barr, 38, custody sergeant, John Dunn, 40
Sharman and Fagan, shot dead, Harry Stanley as he walked home from his local
pub
Dawson, Blakey, Elleringon, Barr and Dunn, were all involved in the death of
Christopher Alder, 37, who died face down in the custody suite at Queen's
Gardens police station in Hull with his trousers and underpants around his
knees. An inquest jury ruled two years ago that he was unlawfully killed.
Family and friends of both Harry Stanley and Christopher Alder are
united in their condemnation of the way the Crown Prosecution have
mishandled the cases.
Irene Stanley, is going to make a formal complaint about the coroner and
launch a judicial review of the inquest into her husband's death.
Janet Alder, said she might bring a civil suit against the officers on
behalf of Mr Alder's two sons, now aged 16 and 18. "To me, this gives the
police licence to act as they wish and next time it could someone else's
brother or another tragic victim,"
===================
Trial collapses of policemen accused over custody death
By Ian Herbert, North of England Correspondent
22 June 2002
The trial of five police officers accused of the manslaughter of a black
former paratrooper in their custody was halted yesterday when the judge
threw out all charges.
Christopher Alder, 37, died face down in the custody suite at Queen's
Gardens police station in Hull with his trousers and underpants around his
knees. An inquest jury ruled two years ago that he was unlawfully killed.
But as the defence prepared to open its case, three months into the trial at
Teesside Crown Court, Mr Justice Roderick Evans instructed the jury to
acquit constables Nigel Dawson, 39, Neil Blakey, 42, Mark Ellerington, 36,
and Matthew Barr, 38, and their custody sergeant, John Dunn, 40, of
manslaughter. "There was conflicting medical evidence about why Mr Alder had
become unconscious and about what had killed him," Mr Justice Evans said.
Separate charges of misconduct in public office were also thrown out
because, in the judge's opinion, there was no evidence of "recklessness",
the criminal test required.
"If the test ... was negligence there would undoubtedly be a case to answer,
but negligence is not the test," he told the jury.
"It is undoubtedly true the detectives did not give Mr Alder the basic first
aid he needed or take any steps to administer first aid until it was too
late. There is no doubt they collectively and individually got it wrong and
badly so," the judge said during a one-hour judgment on the defence's
lengthy submissions that the charges be dropped.
The verdict was a bitter blow to Mr Alder's family and ended a four-year
fight for criminal convictions that began with the seven-week inquest - the
longest over a death in police custody. Despite the inquest verdict and the
officers' failure to have it overturned at the High Court, the Crown
Prosecution Service initially insisted that manslaughter charges would not
be brought. Only after the family's lawyers commissioned fresh medical
reports did the situation change.
The family's solicitor, Ruth Bundey, called yesterday for a public inquiry
into the case, similar to that carried out after the death of the black
teenager Stephen Lawrence.
Ms Bundey called for an investigation into "missed opportunities ...
evidence not collated, evidence destroyed, evidence not followed up".
"That's why I call this a limping prosecution," she said.
Mr Alder's sister, Janet Alder, said she might bring a civil suit against
the officers on behalf of Mr Alder's two sons, now aged 16 and 18. "To me,
this gives the police licence to act as they wish and next time it could
someone else's brother or another tragic victim," said Ms Alder.
Mr Alder, who left the Parachute Regiment in 1983 after being decorated for
services in Northern Ireland, had been treated at Hull Royal Infirmary after
an altercation outside a nightclub on the night of his death, 1 April 1998.
He was arrested for a breach of the peace when he refused to leave the
hospital grounds, and was taken to the police station in a patrol van.
He was able to walk up the two steps into the cage of the van and say "See
you later" to a hospital security guard, but slumped into unconsciousness
during the five-minute journey to the police station.
Forensic examination revealed signs of a heavy smear of blood in the back of
the van, although medical evidence disproved allegations that the officers
assaulted him.
CCTV footage from the custody suite - a central part of the prosecution
case - showed the five experienced officers' attitudes as Mr Alder, a
fitness fanatic, took his last breaths. They were convinced he was
play-acting or "doing the dying swan", as one of them said.
At the end of the case yesterday, Christopher Enzor, the head of the Crown
Prosecution Service's case work directorate in York, said establishing a
criminal level of proof was "always going to be difficult". He added: "The
key problem in the manslaughter case was proving beyond reasonable doubt ...
that the actions and omissions of the five police officers contributed more
than minimally to the tragic death of Mr Alder."
Stuart Downes, chairman of the the Humberside Police Federation, said he had
applied to have the five officers reinstated to the force.
Mr Alder was the seventh person to have been killed unlawfully in police
custody in 10 years. Six have been black and one Irish.
http://news.independent.co.uk/uk/crime/story.jsp?story=30778
====================
Family 'denied justice' over police killing
By Ian Burrell, Home Affairs Correspondent
22 June 2002
The family of a man shot dead by police who mistook a table leg he was
carrying for a sawn-off shotgun claimed yesterday that a coroner had denied
them justice.
Harry Stanley's widow, Irene, said she would sue the Metropolitan Police,
make a formal complaint about the coroner and seek a judicial review of the
inquest into her husband's death.
Mrs Stanley and her supporters stormed out of St Pancras coroner's court in
central London when the coroner ruled out the option of the jury returning
an unlawful killing verdict. One shouted "murderers" as they marched out of
the court during Dr Stephen Chan's summing-up.
Mr Stanley, 46, was shot twice by Metropolitan Police firearms officers as
he walked home from a pub in Hackney, east London, in September 1999. The
officers said they believed he was carrying a sawn-off shotgun in a tightly
wrapped plastic bag but the item turned out to be the leg of a coffee table
he had taken to be repaired.
After the jury returned an open verdict, Mrs Stanley said outside court:
"It's disgusting. We have been denied justice. The jury were not allowed to
bring a verdict of unlawful killing even if they wanted to. It's not right.
There has been no police officer charged with the mistakes they made. The
officers stood in the dock and never even said sorry or showed any remorse."
Mrs Stanley's solicitor, Nogah Ofer, said: "We are launching a judicial
review in the High Court on the basis that the coroner made a blatant error
of law. If there's any evidence that the jury could use to reach a certain
verdict, let alone extremely strong evidence, as in this case, then that
verdict should be available."
Dr Chan had given the jury only two options: lawful killing or an open
verdict. It chose the latter after deliberating for more than an hour. As
the 10 jury members left the building they each shook Mrs Stanley by the
hand. One man said to her: "No favouritism. We just did what we thought was
right."
Mr Stanley, a painter and decorator with three children, died after being
shot in the head by Inspector Neil Sharman and in the hand by PC Kevin
Fagan. The firearms team was alerted after a man in a pub where Mr Stanley
had been drinking dialled 999 and reported an "Irishman" carrying a sawn-off
shotgun in a plastic bag.
The inquest was shown evidence indicating that Mr Stanley must have been
facing away from the officers when he was killed. The fatal shot passed
through the left side of his head. But Dr Chan made no mention of the
testimony of the forensic experts in his summing-up. He told the jurors they
should come to their verdict based on what they thought the officers
believed when they had fired at Mr Stanley.
In their evidence to the inquest, the police officers said Mr Stanley had
turned around and pointed the plastic bag at them as if it were a shotgun.
Dr Chan said: "A person who is attacked or believes that he's about to be
attacked then can use such force as is reasonably necessary to defend
himself. If that's the situation, then his use of force is not unlawful."
He asked the jurors to ask themselves two questions. "Firstly, did the
officer believe or may he honestly have believed that it was necessary to
defend himself? If you decide that he was or may have been acting in that
belief, then you must go on to answer the second question." The second
question was whether the officers had used reasonable force.
He asked jurors to "cover your thoughts" of what the object in Mr Stanley's
hands turned out to be and to focus on the circumstances at the time.
After the jury delivered its verdict, Dr Chan offered his sympathy to Mr
Stanley's family, but the relatives had not returned to court to hear him.
The coroner said his death had come about by "a twist of fate" and a series
of coincidences leading up to the shooting. He said the table leg in a
plastic bag had been demonstrated to be "uncannily indistinguishable" from
that of a sawn-off shotgun.
The Metropolitan Police issued a statement extending its "deepest
sympathies" to the Stanley family. It said: "This has been a very stressful
time for both officers who, along with their colleagues, are required to
confront the most difficult policing situations, often having to make
split-second decisions."
http://news.independent.co.uk/uk/crime/story.jsp?story=307759
ITEM ENDS.
+++++++++++
Visit http://masonicevil.topcities.com for facts and evidence of police
protected crime. Why the Law Society should be renamed the Lawless Society.
Why the Office For The Supervision of Solicitors should be sued for
protecting so many bent solicitors. Proof why self regulating bodies such as
these are more into protecting their own rather than protecting the public.
These are all facts of self styled President Blair's fairer Britain. A
Britain which is less fair now than at any time in our recent history.
Control freak President Blair wanted to go even further. His snoopers Bill
would have allowed the authorities to openly monitor all electronic
communications, amongs other things. In fact this is happening an a mass
scale anyway without the Bill having become law. It is a known fact already
that Britain's authorities snoop on its people more than any other country
in Europe. Police can and do kill and get away with it. The more they are
allowed to do this the more it will happen. This is the present situation as
it is. This is dictated by the law of the jungle. In Britain law only
applies to the citizen if those in positions of power decide that it should.
Visit my web site at http://masonicevil.topcities.com for facts and proof of
this. Bent judges are equally being protected by even more bent police
officers. Again my website shows facts and evidence of this. Please visit my
website soon though. My other website http://www.mason-rule.com has had
access to it denied by my Australian hosts. Its certain the UK authorities
have brought this about. The power of corrupt authority especially where it
is infested with Freemasonry, as most of the UK authorities are, knows no
bounds.
Published by Maurice Kellett, 16A The Lyons, Hetton-le-Hole, Tyne-Wear DH5
0HT.
Phone: 0191 5264555