Judges to rule on Duggan challenge

Published: Friday 19th December 2014 by The News Editor

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Court of Appeal judges rule today on a challenge by the family of Mark Duggan, whose shooting by police triggered the 2011 riots.

The family is seeking to show there has been an unlawful failure to prevent police officers involved in fatal incidents, including the Duggan shooting, conferring before making statements.

Three appeal judges – Lord Justice Moore-Bick, Lord Justice Richards and Lord Justice Tomlinson – will also hand down judgment in a linked challenge brought by the family of Ryszard Delezuch, who died after being detained by Leicestershire Police officers.

Duggan family lawyers say the Association of Chief Police Officers (Acpo) has a policy of allowing officers to confer which is inconsistent with the stance of the Independent Police Complaints Commission (IPCC).

They argue the IPCC has decided that key officers involved in a death should normally be separated from one another and not allowed to confer.

They want a declaration that the current Acpo policy is unlawful and contrary not only to IPCC thinking but also to Article 2 of the European Convention on Human Rights.

They contend that Article 2 requires steps to be taken to prevent or reduce the risk of officers conferring, and there is at least “a significant risk” the Acpo guidance will lead to a breach of that duty.

The Duggan challenge was launched after Pamela Duggan, mother of the dead man, lost her High Court battle to overturn an inquest verdict that her son had been “lawfully killed” by an armed Metropolitan Police officer.

Her 29-year-old son died after being shot in Tottenham, north London, in August 2011 – starting riots which spread from the capital to other towns and cities.

Duggan was killed after armed officers forced a taxi he was travelling in to stop, based on intelligence that he had collected a gun.

The inquest jury found in January this year that Duggan was lawfully killed by a police marksman, known as V53, despite also concluding he was unarmed when he was shot.

In May, the coroner Keith Cutler expressed a number of concerns over the Duggan investigation, including the fact that full witness statements were not taken from police for 48 hours after the shooting.

Published: Friday 19th December 2014 by The News Editor

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