• This topic has 52 replies, 26 voices, and was last updated 12 years ago by kilo.
Viewing 40 posts - 1 through 40 (of 53 total)
  • police shooting and ipcc powers
  • anagallis_arvensis
    Full Member

    Apparently all 31 police witnesses to mark duggans shooting have, quite legally, refused to give evidence to the enquirery. I find this shocking, surely something that must be changed otherwise its just a big waste of money.

    http://m.bbc.co.uk/news/uk-17843690

    toys19
    Free Member

    The ipcc is a ball-less sack that almost always comes down on the side of the police anyway. This sounds like a diversion, lip service to direct any criticism away from the ipcc..

    mcboo
    Free Member

    I heard this on Today this morning. Could not quite believe my ears. Have submitted written accounts but can legally refuse to be interviewed. Totally appalling.

    Zulu-Eleven
    Free Member

    Seeing as the IPCC have already released highly inflammatory and false statements on the events of that day, and additionally seems to have withheld evidence from and undermined the supremacy of the Coroners Inquest, which is essentially a court of law, and where its quite possible that those officers could still be called to give evidence under oath in front of a jury – you can sort of understand their reluctance to not give any more information than they legally have to.

    I think its right and proper that the Coroners Inquest should have supremacy over an internal investigation that those outside the police feel is a whitewash, and those inside the police feel is a which hunt.

    cynic-al
    Free Member

    Mildly outraged here.

    mrdestructo
    Full Member

    erm, they are being classes as ‘witnesses’? Not as members of the hit squad that assassinated someone in the street?

    Bregante
    Full Member

    I think its right and proper that the Coroners Inquest should have supremacy over an internal investigation that those outside the police feel is a whitewash, and those inside the police feel is a which hunt.

    This. The coroners inquest will always have supremacy and they can/will be compelled to give evidence there. They are simply following legal advice given to all officers in this situation. I agree though that the Met don’t do enough to spell this out in the form of some sort of press release because from the outside it does look completely farcical.

    If a criminal offence was suspected of being committed by any of the officers they of course would be interviewed under caution as would any other suspected criminal.

    TandemJeremy
    Free Member

    Its a basic issue with the whole way these investigations are run.

    clearly there is something not right as unarmed people keep getting shot. whats is needed IMO is a “no fault” incident investigation so the police do not feel under pressure to cover up things to protect each other and thus we get full disclosure meaning we can more easily establish what went wrong and prevent it happening again.

    almopst always its multiple mistakes – from the selection and training of the officers to teh intelligence on the ground to the briefings from senior officers to communication failures.

    Only if there is clear serious criminal conduct should individuals be at risk of prosecution.

    kimbers
    Full Member

    the judge in the dememezes shooting concluded that the officers involved didnt follow procedure and then colluded to lie about it afterwards

    it seems to me that firearms officers are afforded special treatment because they have such a tough job?

    TandemJeremy
    Free Member

    Thats why we need a “no fault” investigation – so they don’t collude and we get to know what really happened to prevent it happening again.

    In the deMenzies case there were multiple mistakes over a period of time from many officers of different ranks

    kilo
    Full Member

    clearly there is something not right as unarmed people keep getting shot

    Who are these unarmed people who keep getting shot, the total police shooting deaths in England and wales from 2010 – 04/2011 is 3

    (http://inquest.gn.apc.org/website/statistics/deaths-in-police-custody/police-shootings)

    the IPCC …additionally seems to have withheld evidence

    Have they or is this the RIPA part 1 material that legaly cannot be used in eveidence or indeed even disclosed to a coroner -not sure under RIPA s19 if the IPCC can even have access to the material.

    TandemJeremy
    Free Member

    Kilo – its not frequent but it continues to happen. the best way of stopping it is to know why it happens, the best way of establishing that is full and frank disclose which human nature being what it is will only happen when people are not worried about incriminating themselves

    MSP
    Full Member

    when people the guilty are not worried about incriminating themselves

    Actually the problem with this case is that the IPC set out to clear the officers involved, rather than find the truth. When they do so in such a lethal and public case, what confidence can the public have in any IPC investigation. The police must have the same standard of law applied to them as any member of the public.

    I don’t think that a no fault investigation would increase honesty at all, it would just move the line of dishonesty far further from the public interest.

    In this case it looks very much like if an honest account of events had been given from the start it would have been all over a long time ago. It’s the dishonesty that has caused the problem.

    mcboo
    Free Member

    Though I dont trust the police to be transparent on this, for the purposes of balance – Duggan wasnt unarmed. And can someone remind me what his occupation was?

    IHN
    Full Member

    refused to give evidence to the enquirery

    Well, no, they haven’t. They’ve submitted written evidence but have declined to be interviewed.

    It’s not ideal, but innaccurate statements like that don’t help either.

    MSP
    Full Member

    Though I dont trust the police to be transparent on this, for the purposes of balance – Duggan wasnt unarmed. And can someone remind me what his occupation was?

    Duggan was not armed

    He was a suspected drug dealer, although given the unreliable evidence released so far by the police and the IPC, that is hardly proof of anything.

    He at best seems to be a fantasist involved on the outskirts of gang culture, maybe he was deeper involved, we don’t know that, we do know that the police and IPC have made blatant lies to cover the events of that day.

    TuckerUK
    Free Member

    Though I dont trust the police to be transparent on this, for the purposes of balance – Duggan wasnt unarmed. And can someone remind me what his occupation was?

    Duggan was not armed

    ‘Investigators find no forensic evidence that man whose death triggered riots was holding gun (my underlining)

    A gun collected by Duggan earlier in the day was recovered 10 to 14 feet away…’ (my underlining)

    He was armed as far as I’m concerned.

    TuckerUK
    Free Member

    The Police knew for a fact that the suspect has obtained a firearm, they tried to apprehend him, perhaps he made a suspicious move…imagine if they hadn’t neutralised him and the suspect had gone on a shooting rampage?

    MSP
    Full Member

    The Police knew for a fact that the suspect has obtained a firearm, they tried to apprehend him, perhaps he made a suspicious move…imagine if they hadn’t neutralised him and the suspect had gone on a shooting rampage?

    Exactly, I imagine that is very close to what happened, apart from that scenario does not need lies to cover it up, so why the lies?

    I suspect the police over reacted to the situation, maybe understandable given the possible scenario. I think that if they had been honest from the start any sensible person would say OK lets look at the way they operate and see what can be done to avoid similar actions in the future.

    But to attempt to hide the truth after the fact is completely unacceptable

    anagallis_arvensis
    Full Member

    To be clear I am not suggesting that the Duggan should or should not have been shot, just that it is bizarre that the IPCC investigation does not interview the police witnesses, shows what a farce they are. I dont blame the officers involved either they are playing by the rules, the rules seem like crap to me though.

    MSP
    Full Member

    they are playing by the rules

    Actually that is the point that is most suspect, did they play by the rules or did they overstep the mark and go out to “take a criminal down”!

    slowoldgit
    Free Member

    In the Alfie Meadows case, his brief asked the IPCC to stop their investigation, and it did. I wonder why he asked. And if a copper were facing trial, could his lawyer do the same? I suspect not.

    IIUR, working cops have little trust in the IPCC. Someone already mentioned leaks. The IPCC can take 4 months to investigate a simple case, during which time the cop may be suspended from work, under stress, at risk of losing their job (and house, and car….).

    coffeeking
    Free Member

    Exactly, I imagine that is very close to what happened, apart from that scenario does not need lies to cover it up, so why the lies?

    Probably because there’s a baying mob waiting to find any chink in a defence and rip it to pieces whether it deserves it or not. I know nothing of this case so I’m speaking completely without bias, but it’ll be a sad day when people are forced to give evidence – after all, if someone does not want to give evidence (maybe they feel its meaning will be twisted, maybe they feel they are doing a right-acting colleague a disservice) you’re going to have to torture them to make them give evidence, or expect it to be a lie.

    grum
    Free Member

    It sets a really great example to the public for when the police are asking people to testify as witnesses doesn’t it.

    MSP
    Full Member

    Probably because there’s a baying mob waiting to find any chink in a defence and rip it to pieces whether it deserves it or not.

    So you think the police should be subject to a different level of justice, investigation and honesty from the rest of society? And in this case, which you are apparently ignorant of, the lies led to the baying mob.

    coffeeking
    Free Member

    So you think the police should be subject to a different level of justice, investigation and honesty from the rest of society? And in this case, which you are apparently ignorant of, the lies led to the baying mob.

    No, not at all – everyone has the right not to give information as far as I’m aware, meaning everyone is equal. When it’s the other way around it’s the police looking for anything they can possibly nail on you, it’s a two way road.

    It sets a really great example to the public for when the police are asking people to testify as witnesses doesn’t it.

    True, and unfortunate.

    slowoldgit
    Free Member

    Was the MSP’s Grauniad story a leak, perhaps?

    slowoldgit
    Free Member

    “the police looking for anything they can possibly nail on you,”

    That’s a bit strong, there’s rules, and the prosecution has to convince a jury.

    MSP
    Full Member

    No, not at all – everyone has the right not to give information as far as I’m aware, meaning everyone is equal. When it’s the other way around it’s the police looking for anything they can possibly nail on you, it’s a two way road.

    I can’t remember the exact wording, but I think a member of the public involved in a suspicious death, would not be given the option to refuse interview, they could choose to not answer the questions in interview under the understanding that failing to do so may be used as evidence supporting guilt.

    crankboy
    Free Member

    “everyone has the right not to give information as far as I’m aware”

    Quite the opposite every one is assumed to be a competent and compellable witness unless they fall into an exception. Compellable means they can be forced on pain of contempt of court. A refusing witness can be arrested and dragged to court in handcuffs. That this rarely happens is for practical reasons not rights.

    The officers in this case have given their witness evidence to the investigation but in written format. That is their right as I understand it. I don’t agree that this is the proper way of doing things in a IPCC investigation but given it’s part of the rules you can’t draw any inference of guilt or cover up on an individual case basis.

    I disagree with this procedure because I feel the police and in particular armed officers should be subject to a high degree of scrutiny and transparency so that the public can have informed trust and confidence in them. The written statement followed by no comment is something criminal suspects use when they have something to say and something to hide (not necessarily guilt) or when they have mental or cognitive problems so they are incapable of giving a clear account or resisting pressure. Neither scenario fits with my view of the ideal police officer.

    irc
    Full Member

    The written statement followed by no comment is something criminal suspects use when they have something to say and something to hide (not necessarily guilt) or when they have mental or cognitive problems so they are incapable of giving a clear account or resisting pressure. Neither scenario fits with my view of the ideal police officer.

    Police officers are part of society and have the same rights when under investigation as anyone else. Unless you think we should start grading rights according to occupation.

    So who should get full rights and who should get less because they should know better. MPs? Lawyers? Judges? Doctors, etc.

    In fact police officers already have less rights as unlike anybody else they are compelled to give a statement when under investigation for misconduct.

    Zulu-Eleven
    Free Member

    Crankboy – I still don’t see the reason why a quasi-judicial internal police process is wanted or needed, when it challenges the supremacy, and indeed in this case has witheld evidence from, the coroner.

    The right place for an inquest into all the events leading to the death of Mark Duggan is the coroners court.

    TuckerUK
    Free Member

    Quite the opposite every one is assumed to be a competent and compellable witness unless they fall into an exception. Compellable means they can be forced on pain of contempt of court. A refusing witness can be arrested and dragged to court in handcuffs. That this rarely happens is for practical reasons not rights.

    Are you perhaps confusing a coroners inquest with a criminal prosecution case in HM Courts?

    Nonsense
    Free Member

    It’s quite amazing how ill-informed chinese whispers pass as fact on this forum.

    MSP
    Full Member

    Nonsense – Member

    It’s quite amazing how ill-informed chinese whispers pass as fact on this forum.

    So correct them if you have anything useful to add.

    slowoldgit
    Free Member

    And could this be another IPCC leak?

    http://www.bbc.co.uk/news/uk-england-tyne-17840610

    coffeeking
    Free Member

    “the police looking for anything they can possibly nail on you,”

    That’s a bit strong, there’s rules, and the prosecution has to convince a jury.

    From my recent observations of people close to me that’s far from untrue. It worked something like:
    Person breaks minor law (think picking up and binning litter) while trying to make up for friend breaking minor law (think person littered).
    Police spot person binning litter don’t accept good intentions (assumed they’d only picked it up because they’d just thrown it and seen police).
    Police put person in car, not under arrest, and when person tries to phone for legal advice while being quizzed about identity, police go (physically) mental then arrest person for police assault when they resist. Even one of the officers in question said to a witness that other officer shouldn’t be doing what they were doing.
    Person wishes to complain, complaint handled by officers being complained about.
    Police, in direct and acknowledged retaliation to complaint being levied press several vaguely applicable (but all wrong) charges.
    Person spends 18 months of their life in and out of court having to prove the police were to blame and getting successfully equitted of all of the above while the officers to blame colluded and tried to weasel out of it.

    Unless you know your legal rights and are willing to put your neck on the line you can and will get screwed over.

    toys19
    Free Member

    Unless you know your legal rights and are willing to put your neck on the line you can and will get screwed over.

    This is my experience also.

    swedishmatt
    Free Member

    I know quite a few coppers. This does not surprise me the least.

    Terrible culture of covering their colleagues back. Truly. I’ve heard some horrendous examples.

    konabunny
    Free Member

    I dont trust the police to be transparent on this, for the purposes of balance – Duggan wasnt unarmed. And can someone remind me what his occupation was?

    It would make absolutely no difference to me if Duggan subsequently turned out to be a “tooled up” “face” (that’s the right criminal argot, isn’t it?). The state of knowledge that is relevant is what all involved knew or reasonably believed at the time. Anything else and you’re just spinning the wheel of hindsight fortune: will he turn out to be a douchebag, an electrician or newspaper salesman?

    In any case, the critical factor for the spark that ignited the riots was not imo the exact circumstances of the death of Duggan himself but the widespread lack of confidence that the death would be appropriately investigated and (if necessary) prosecuted.

Viewing 40 posts - 1 through 40 (of 53 total)

The topic ‘police shooting and ipcc powers’ is closed to new replies.