Menezes: ban on unlawful killing verdict

There is not enough evidence to say Jean Charles de Menezes was unlawfully killed by Scotland Yard marksmen, the coroner at the inquest into his death ruled today.

Sir Michael Wright began summarising seven weeks of evidence by telling jurors they could only return an open verdict, one of lawful killing or a narrative verdict on the fate of the Brazilian electrician, shot on a Tube train at Stockwell station on 22 July 2005.

Having considered all the evidence, a verdict of unlawful killing was "not justified", he told the inquest before the jury retired.

After his comments lawyers for the de Menezes family lodged an immediate application for a judicial review of the coroner's ruling and a spokesman for the Justice4Jean campaign said: "The family are extremely disappointed.

"They hoped that more than three years after the death and following two-and-a-half months of listening to such shocking evidence, the jury would have all the options available to them in reaching their verdict.'' The coroner told the 11 jurors to cast aside "any emotion" over the shooting of the 27-year-old, which came the day after failed bomb attacks on the Tube and two weeks after the 7/7 suicide attacks. Mr de Menezes had been followed by Yard surveillance officers after being mistaken for one of the suspects in the previous day's attacks. Reminding the jury that the Brazilian's mother, Maria Otone de Menezes, had seen much of the evidence, the coroner said: "I know that your heart will go out to her.

"But these are emotional reactions, ladies and gentlemen, and you are charged with returning a verdict based on evidence. Put aside any emotion -put them to one side." The inquest, which began on 22 September, has heard from 100 witnesses. For the first time, the public was given a full account of the incident from witnesses who saw the shooting on the Tube.

Key controversies involving surveillance outside Mr de Menezes's Tulse Hill home and events in the control room at New Scotland Yard were examined at length.

The two firearms officers who shot the electrician, C2 and C12, both wept as they appeared at the inquest held at offices at the Oval cricket ground.

As well as a simple verdict, the jury can return a narrative verdict in which an explanation is given for their decision or they comment on the evidence.

But Sir Michael warned jurors they must not attach any criminal or civil fault to individuals. The verdict, he said, could not be inconsistent with the outcome of the trial of the Met last year. Deputy Assistant Commissioner Cressida Dick, who had been in charge of the surveillance, was cleared of any personal blame. But the force was fined £175,000 for "endangering the public".