Watchdog told gun police to stop comparing notes

The practice of firearms officers comparing notes should have been stopped before the fatal shooting of barrister Mark Saunders, the Independent Police Complaints Commission will tell the High Court today.

Mr Saunders's sister Charlotte has brought an action at the High Court seeking a declaration that the investigation is unlawful because of the risk of "collusion" by police officers who were allowed to confer together before making their statements.

Mr Saunders, 32, died of multiple bullet wounds after a five-hour siege at his Chelsea flat.

Mr Saunders, who worked as a divorce lawyer, died after shooting at police officers and neighbours with a legally-owned shotgun from his £2.2 million Markham Square home.

The IPCC, which is investigating the death of Mr Saunders, called for the practice of firearms officers comparing notes to be stamped out after the fatal shooting of Jean Charles de Menezes. In the IPCC's skeleton argument-to be delivered at the High Court today in the case of Mr Saunders, it will brand the practice of conferring as "unacceptable" and "likely to undermine public confidence in the police".

According to the court papers, the IPCC will argue that it has " repeatedly attempted to reform the practice", drawing particular attention to the fatal shootings of Harry Stanley in 1999 and Jean Charles de Menezes in 2006.

On each occasion the IPCC actively sought to reform the practice and issued repeated statements of its intent. However, ACPO and the Police Federation have been reluctant to withdraw the right of conference because firearms officers might fear self-incrimination in a solitary interview and this reluctance could further delay the investigation process.

In April 2008, the Police Federation issued a response to the IPCC that said: "Firearms officers are invariably high-quality, dedicated officers who would be anxious not to do anything to obstruct proper investigation" and that changing the rules "could only be construed as a move which overtly places them under suspicion as soon as any serious incident takes place."

In its attempt to reform the current system the IPCC even went as far as to ask the Home Office to extend its powers to compel police witnesses to attend interviews, but the Home Office failed to respond "positively", the police watchdog claims in the court documents.

Currently the IPCC has no power to prevent officers from conferring.

Yesterday it denied reports by Mr Saunders's family that he posed no lethal threat before he was shot by police. The case continues today.