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The Living Force
http://business.timesonline.co.uk/tol/business/law/article4918965.ece
Judge's warning to police after shooting of Chelsea barrister Mark Saunders
Times Online
October 10, 2008
Mark Saunders, the barrister shot dead by police in Chelsea
David Byers and Alexi Mostrous
A High Court judge today sharply criticised the practice of allowing police officers to confer with each other during inquiries, as he delivered his verdict on the case of a barrister shot to death in Chelsea.
Mr Justice Underhill expressed his concerns as he dismissed a claim by the family of Mark Saunders that the Independent Police Complaints Commission (IPCC) investigation into the May 6 shooting at his £2.2 million apartment was unlawful.
Although accepting that conferring between officers conformed to current police guidelines - and therefore the investigation into the barrister's death had been properly carried out - the judge expressed serious concerns about the practice, saying that the police service had institutionalised collusion during investigations.
"The court would be very chary of a general practice under which officers who are key witnesses in an ... investigation are expressly permitted to collaborate in the production of their statements: the opportunity for collusion is, so to speak, institutionalised," he told the court.
Charlotte Saunders, Mr Saunders' sister, said in a statement that she took heart from the verdict, which she would appeal, and said she would also be writing to the Home Secretary to ensure it is changed.
“I brought these proceedings because I was concerned that the police officers who shot Mark were allowed to confer before giving their accounts to the IPCC," she said.
“It is encouraging that the judge agrees that this practice might well be unlawful and that he decided that the opportunity for collusion is institutionalised.
“I would really like this to be changed before Mark’s investigation is over, so I am writing to the Home Secretary. I hope she will agree that something should be done urgently.”
Nick Hardwick, the IPCC chairman, said the judge - in a ruling which also rejected similar complaints in relation to another fatal shooting - supported calls by the IPCC's own bid for changes to the way police officers conferred before writing their notes after a fatal shooting.
He said he had written to the Saunders family to request a meeting.
“Both families and the IPCC agree that the way officers currently confer after a fatal shooting does not provide best evidence or secure public confidence and should change,” he said.
“The court recognises the uniquely difficult job firearms officers do and also notes the IPCC’s position that it will not treat officers in these circumstances as suspects in a crime unless there is evidence to justify doing so.
“The court recognises that any new post-incident procedure must command public confidence, but also acknowledges the fears of firearms officers about the way they might be treated.”
He added that the Association of Chief Police Officers (Acpo) was now developing a post-incident procedure to provide “best evidence”.
“We urge Acpo to finalise and publish the new procedure quickly,” Mr Hardwick said.
Mr Saunders, 32, died of multiple bullet wounds after a five-hour shoot-out with police at his luxury Chelsea flat.
The divorce lawyer had previously started shooting at police officers, neighbours and buildings with a legally-owned shotgun from his £2.2 million Markham Square apartment.
Judge's warning to police after shooting of Chelsea barrister Mark Saunders
Times Online
October 10, 2008
Mark Saunders, the barrister shot dead by police in Chelsea
David Byers and Alexi Mostrous
A High Court judge today sharply criticised the practice of allowing police officers to confer with each other during inquiries, as he delivered his verdict on the case of a barrister shot to death in Chelsea.
Mr Justice Underhill expressed his concerns as he dismissed a claim by the family of Mark Saunders that the Independent Police Complaints Commission (IPCC) investigation into the May 6 shooting at his £2.2 million apartment was unlawful.
Although accepting that conferring between officers conformed to current police guidelines - and therefore the investigation into the barrister's death had been properly carried out - the judge expressed serious concerns about the practice, saying that the police service had institutionalised collusion during investigations.
"The court would be very chary of a general practice under which officers who are key witnesses in an ... investigation are expressly permitted to collaborate in the production of their statements: the opportunity for collusion is, so to speak, institutionalised," he told the court.
Charlotte Saunders, Mr Saunders' sister, said in a statement that she took heart from the verdict, which she would appeal, and said she would also be writing to the Home Secretary to ensure it is changed.
“I brought these proceedings because I was concerned that the police officers who shot Mark were allowed to confer before giving their accounts to the IPCC," she said.
“It is encouraging that the judge agrees that this practice might well be unlawful and that he decided that the opportunity for collusion is institutionalised.
“I would really like this to be changed before Mark’s investigation is over, so I am writing to the Home Secretary. I hope she will agree that something should be done urgently.”
Nick Hardwick, the IPCC chairman, said the judge - in a ruling which also rejected similar complaints in relation to another fatal shooting - supported calls by the IPCC's own bid for changes to the way police officers conferred before writing their notes after a fatal shooting.
He said he had written to the Saunders family to request a meeting.
“Both families and the IPCC agree that the way officers currently confer after a fatal shooting does not provide best evidence or secure public confidence and should change,” he said.
“The court recognises the uniquely difficult job firearms officers do and also notes the IPCC’s position that it will not treat officers in these circumstances as suspects in a crime unless there is evidence to justify doing so.
“The court recognises that any new post-incident procedure must command public confidence, but also acknowledges the fears of firearms officers about the way they might be treated.”
He added that the Association of Chief Police Officers (Acpo) was now developing a post-incident procedure to provide “best evidence”.
“We urge Acpo to finalise and publish the new procedure quickly,” Mr Hardwick said.
Mr Saunders, 32, died of multiple bullet wounds after a five-hour shoot-out with police at his luxury Chelsea flat.
The divorce lawyer had previously started shooting at police officers, neighbours and buildings with a legally-owned shotgun from his £2.2 million Markham Square apartment.
