Could the family of Jean Charles de Menezes succeed in a civil action for damages against the police? Kevin Williams investigates
The family of Jean Charles de Menezes, who was shot dead by the Metropolitan Police after being mistaken for a terrorist at Stockwell underground station in July 2005, is reportedly considering suing. One other such recent case is Ashley v Chief Constable of the Sussex Police [2006] EWCA Civ 1085, [2006] All ER (D) 406 (Jul), where the dead man’s relatives sued for common law damages following a failed prosecution for murder.
More than 20 years ago, in circumstances bearing some resemblance to the tragic shooting under discussion, armed officers shot (though did not kill) another innocent man, Steven Waldorf, believing him to be an armed criminal. Two officers were acquitted on charges of attempted murder and wounding with intent. The following week, the then recently retired Lord Denning wrote in The Sunday Times (23 October 1983) that, while it would be proper for the Metropolitan Police to offer ex gratia compensation (which they eventually did), if Waldorf were to sue, he would not succeed.
