Charges possible over Menezes shooting

The chair of the commission investigating the fatal shooting of Jean Charles de Menezes today said it was “likely” its findings would be passed to the Crown Prosecution Service. Mr De Menezes, a Brazilian national, was shot seven times in the head by armed police officers at Stockwell underground station, in south London, who thought he was a suicide bomber.

The handing over of the report from the Independent Police Complaints Commission could lead to criminal charges being brought against the officers.

Asked whether the report would be handed over, Nick Hardwick, the IPCC chair, said: “I think that is likely.”

Charges are brought against officers when the IPCC submits a report to the CPS and the prosecution service decides there is a case to pursue.

Mr Hardwick said the IPCC had to decide whether its findings indicated criminal offences might have taken place. The CPS would then have to decide whether to bring charges against any of the Scotland Yard officers involved.

Mr Hardwick quashed rumours that some of the CCTV tapes from the platform where the shooting happened were missing. However, he refused to say whether one or more of the cameras had not been working properly on the day of the shooting.

The senior investigator, John Cummins, admitted to “problems with the equipment” but did not elaborate.

A spokesman for the De Menezes family expressed dismay at Mr Hardwick’s decision to speak to the press before the IPCC investigation was finished.

“We have supported the IPCC and the family have always accepted that the […] investigation would remain confidential. It is therefore very alarming that the IPCC has inexplicably released partial information in this manner to the media,” the spokesman said.

“These […] revelations can only undermine its credibility further. We urge the IPCC to focus on addressing the urgent issues the case raises through the legal process rather than in the media.”

It is not known which offences the IPCC would ask the CPS to consider if the report were handed over.

The IPCC chair also revealed that the investigators had not interviewed Sir Ian Blair, the Metropolitan police commissioner. He refused to confirm whether a statement had been taken from him.

David Davis, the shadow home secretary, said: “It is inexplicable that Sir Ian Blair has not been interviewed. The public expect a full and thorough investigation in a case like this, and it would be no reflection on Sir Ian to be interviewed.

“There is a fine balance to be struck between protecting the safety of the public, operational priorities of the police and natural justice. The public expect no stone to be left unturned in this inquiry.

“The last thing anyone wants is to encourage conspiracy theories about a cover-up.”

Mr Hardwick admitted the delay in the IPCC taking over the investigation had been damaging to the public’s perception of the inquiry. It did not begin its investigation until Wednesday July 27 - five days after Mr De Menezes was shot dead. Sir Ian Blair had written to the Home Office to clarify the role of the IPCC when the matter related to an ongoing anti-terrorism investigation.

Mr Hardwick refused to comment on whether Sir Ian had tried to delay the IPCC’s involvement.