Menezes two 'should face murder charge'

The police officers who shot dead Jean Charles de Menezes should be charged with murder or manslaughter by gross negligence, the High Court heard today.

There is evidence that the marksmen who pumped seven bullets into the head of the Brazilian student were lying, the court was told.

Failing to prosecute them was a breach of the European Convention on Human Rights.

"The state should protect life, the state should not take life and they should make the perpetrators personally accountable. If not the rule of law is undermined," said Michael Mansfield QC.

Mr Mansfield is representing Patricia Armani da Silva, cousin of Mr de Menezes, who is leading the family campaign. She has described the decision not to charge any individual officer over the killing as "shameful and a cover up".

The 27-year-old Brazilian was shot dead at Stockwell Tube Station in July last year.

He was mistaken for a suicide bomber at the height of the Islamic threat to the Tube and rail network in London.

The Independent Police Complaints Commission carried out an inquiry into the shooting and the Crown Prosecution Service investigated the 15 officers involved. The Director of Public Prosecutions Ken Macdonald QC eventually decided there was insufficient evidence to justify the most serious charges.

Instead the Met Commissioner Sir Ian Blair faced a charge under the Health and Safety at Work Act.

In a two day hearing starting today the de Menezes family is applying for a judicial review of the DPP decision.

Mr Mansfield referred to a letter written by Stephen O'Doherty, on behalf of the DPP, pointing out the police officers had a possible defence that they had acted in selfdefence.

"However Mr O'Doherty has recognised that both shooting officers had stated Mr de Menezes was wearing a bulky jacket, but in fact it is now known he was wearing a denim jacket.

"He also notes that both officers had said they had shouted 'armed police' immediately before they fired but observes that none of the passengers heard this.

"This evidence provides prima facie evidence that the officers were lying to justify them in shooting and killing him."

Mr Mansfield said just because the officers had lied it did not necessarily mean they were concealing a dishonest motive. The Lord Justice Richards, sitting with Mr Justices Forbes and Mackay, are likely to reserve their judgment at the end. The case continues.