Lawful killing verdict in gun-lighter case upheld Friday February 3, 02:17 PM
LONDON (Reuters) - The family of a man shot four times in the back by police marksmen after he pointed a cigarette lighter in the shape of handgun at officers, on Friday lost their bid for a fresh inquest into his death.
Justice Andrew Collins at London's High Court ruled the coroner had been correct to deny the jury in the inquest of 29-year old Derek Bennett the opportunity to return an unlawful killing verdict.
Relatives of Bennett, killed in Brixton in July 2001, had challenged the inquest verdict in December 2004 which said he had been lawfully killed.
Collins ruled that since the jury had gone on to reach a majority verdict of lawful killing, they would not have reached a verdict of unlawful killing even if that verdict had been open to them.
His ruling was met with anger by Bennett's family, who packed the courtroom. His mother repeatedly slammed one of the court benches, crying "They murdered him, they murdered my son."
Others joined in, one asking: "How many times do you shoot someone before they become unharmful?"
At the original inquest, police said they had fired because they thought the lighter which Bennett, a one-time psychiatric patient, had held to the head of another man was a real gun.
When the other man had wriggled free, Bennett was said to have pointed the imitation weapon at the police at which point they had taken cover and then shot him.
Collins said it was clear the jury had not been persuaded the incident was anything other than lawful killing.
"It is quite impossible to conceive that they could have been persuaded that it was clear beyond reasonable doubt that this was an unlawful killing. It is simply logically impossible."
During his ruling, the judge said the time may have come to remove the verdict of unlawful killing altogether from inquests, on the basis that it leads to erroneous reporting by some media who treat it as tantamount to a verdict of murder in a criminal trial.