[JJWPSUNK]
Was genuine he added at this time that er the further information was that the occupants of the flat at [ANONYMIZATION] were frightened of [ANONYMIZATION] .
WMN: JJW_576
Dialogue: JJW
[PS489]
H h he had , what did he say ? He thought they were frightened or the telephonist or or what ?
[PS488]
Er my Lord , the added bit of information that was , that erm was then passed to me was that when the man rang the police station the information that he gave to the telephonist included the fact that the occupants of the flat were frightened .
[PS489]
Right right .
[JJWPSUNK]
[UNCLEAR] said he went to the police station but it follows that you were were at home which [UNCLEAR] .
[PS488]
I was at home er up until that point .
[JJWPSUNK]
Were you on duty at home or off duty at home ?
[PS488]
I was off duty , but on call .
[JJWPSUNK]
On making those further enquiries you 've just told us about at the police station . Did you er , were you satisfied the operation should continue as discussed with Assistant Chief Officer [ANONYMIZATION] .
[PS488]
I also met the police station er Sergeant [ANONYMIZATION] and and after discussing further the matters with him erm then I was happy [UNCLEAR] an armed operation was er was necessary .
[JJWPSUNK]
Superintendent if any other information had come to light over the next few hours would you have reconsidered the matter ?
[PS488]
Depending on the information , yes erm .
[JJWPSUNK]
So without really putting it more bluntly er , was there always the option to call this off ?
[PS488]
There was always the option to call this off er to the very last moment when erm I gave the order for the officers to go in .
[JJWPSUNK]
Was there at some time then , a briefing for the officers who were going to go into the flat ?
[PS488]
Yes , it was five fifteen A M of the following morning , at [ANONYMIZATION] .
[JJWPSUNK]
Who conducted the briefing ?
[PS488]
Sergeant [ANONYMIZATION] mainly er gave the briefing and after going through the formality of giving er the officers the deb the information that had been received er our intention erm a method by which we going to follow this through erm and other information such as radio call signs . erm I then asked er additional questions to see what the up to the minute information was at that time .
[JJWPSUNK]
[UNCLEAR] at that meeting were you satisfied the operation should continue ?
[PS488]
Yes I I was erm the additional information that was available to me at this time , er Sergeant [ANONYMIZATION] the er having left me the previous night er had actually , had gone to the premises erm , gone to the flats erm and had er put himself in the area of the flat and was able to tell me that he had heard voices , two male voices coming from within the flat .
[JJWPSUNK]
Did you yourself take part in the operation to go in with the guns ? In other words did you [UNCLEAR] the flat ?
[PS488]
Er , no er that only armed officers actually erm would go into the flat .
[JJWPSUNK]
So you were not .
[PS488]
[UNCLEAR] .
[JJWPSUNK]
What was your role during the search ?
[PS488]
I was the commander and er I was erm in a control vehicle , a police vehicle , er was parked nearby to the flat .
[JJWPSUNK]
And what is that vehicle called , is it only .
[PS488]
Well it is the , it 's the control vehicle er which contains myself and my tactical advisor er Sergeant [ANONYMIZATION] .
[JJWPSUNK]
Yes .
[PS488]
And we were in radio contact with the firearms team .
[JJWPSUNK]
The same consideration given Superintendent to the question of medical facilities .
[PS488]
Yes we were actually erm , the position of the control vehicle was erm in front of an ambulance that we had asked to to be there and the crew were briefed as to what we were doing and and what injuries possibly could arise .
[JJWPSUNK]
Did you [UNCLEAR] for the operation ?
[PS488]
I did so , yes .
[JJWPSUNK]
Do you remember the approximate time of that .
[PS488]
I think it was about six A M.
[JJWPSUNK]
And did you in due course , go to the flat ?
[PS488]
Yes I did .
[JJWPSUNK]
When did you go to the flat ?
[PS488]
Er it was a short time after , having given the order for the officers to enter the flat , erm maybe three or four minutes after that erm , having received the information that the flat was secure , it was safe to enter er I then went up to the flat .
[JJWPSUNK]
Did Sergeant [ANONYMIZATION] accompany you to the flat ?
[PS488]
No he did not .
[PS489]
Sergeant ?
[JJWPSUNK]
[PS489]
[ANONYMIZATION] yes .
[JJWPSUNK]
[UNCLEAR] On arriving at the flat did you speak to Mr [ANONYMIZATION] ?
[PS488]
Yes er it would be more accurate to say he spoke to me . He he was very excitable , excitable and he was angry erm he was shouting at me er that he 'd been spreadeagled naked er on the floor , guns had been pointed at him and his front door had been smashed down and his er his family , his wife and children had been frightened .
[JJWPSUNK]
Pausing there Superintendent . When you first saw Mr [ANONYMIZATION] was he wearing anything upon the lower part of his body ?
[PS488]
He had his trousers on .
[JJWPSUNK]
Was he still handcuffed or were the handcuffs off ?
[PS488]
He was not handcuffed .
[JJWPSUNK]
Did you say anything to him ?
[PS488]
Yes I did er I sh I wo n't say the exact words but they were words to the effect that er that I was sorry , that I understood and appreciated that er erm his family would have been terrified by the experience . Erm that we had no alternative to do what we did er that C I D officers would speak to him and I believe that he would better understand er wh why we have done what we did er and I assured him that the damage to his door will would be repaired .
[JJWPSUNK]
Did you speak to er Mrs [ANONYMIZATION] at all ?
[PS488]
I did not , no .
[JJWPSUNK]
[UNCLEAR] how long had you been in the [ANONYMIZATION] police force ?
[PS488]
Er thirty two years .
[JJWPSUNK]
So could you [UNCLEAR] .
[JJWPSUNK]
When you rang [UNCLEAR] what did you know about the occupiers of the flat . That is how many there were and who they were ?
[PS488]
I knew that er Mr [ANONYMIZATION] er lived there and probably his wife , er maybe nothing more .
[JJWPSUNK]
Sorry , but maybe nothing more . Did you know any more or did n't you know any more ?
[PS488]
Well I I 've answered that way sir , cos I ca n't be sure .
[JJWPSUNK]
Well let me put it plainly , did you or did you not know that there were two children or three children indeed in that flat ?
[PS488]
I at no time , erm until after the incident , knew that .
[JJWPSUNK]
Did you make any enquiries and if so what enquiries , to try to find out who the occupiers [UNCLEAR] ?
[PS488]
Only from a record that would have been available at the police station or from officers knowledge .
[JJWPSUNK]
Well what did those enquiries reveal ?
[PS488]
That Mr [ANONYMIZATION] er did live at the flat erm with his wife , there may have been children but we did n't know for certain and that the previous night two male persons appeared to have been there .
[JJWPSUNK]
So when Assistant Chief Constable [ANONYMIZATION] told the jury yesterday I would have discussed the question of who were the occupiers before giving my authority that was , do you remember that [UNCLEAR] . That was presumably then that we think Lawrence [ANONYMIZATION] was there , it 's [ANONYMIZATION] flat , we think his wife 's there . There may be children . That [UNCLEAR] .
[PS488]
If I think that [UNCLEAR] yes .
[JJWPSUNK]
Now this sort of er I do n't want to use the word raid . This sort of operation needs to be authorised and [UNCLEAR] does n't it ? Not just the arming of the officers , that needs one authorisation but on forcible entry needs another authorisation does n't it ?
[PS488]
Erm no sir .
[JJWPSUNK]
So you made the decision that there 'd be a forcible entry to this flat , is that right ?
[PS488]
Yes sir .
[JJWPSUNK]
At six in the morning .
[PS488]
Yes sir .
[JJWPSUNK]
But you say that that decision and the reasons for it were never er , and the authority for it , the reasons for it , were never reduced to [UNCLEAR] .
[PS488]
Er , the only authority that was given was the authority to arm the officers by Mr [ANONYMIZATION] which he would have put in to writing , er he was aware as to the method of entry to the of the flat but that no authority , no written authority was given for that .
[JJWPSUNK]
What my solicitors finding from a letter let me tell you why I ask . There was a police complaints authority investigation into all of this .
[PS488]
That is correct .
[JJWPSUNK]
The letter which has just been found refers to something like called a police operational order authorising the raid , saying that [UNCLEAR] had disappeared by the time the police complaints authority started looking for it . Have you any idea what that refers to ?
[PS488]
Yes I have er it would refer to the operational order . Erm the , it refers to an operational order er , an operational order is not a document that actually authorises police officers to do something . It it sets out erm what the information is , er what the intention is , the method that we would follow er any communications , any administration . It 's a , it 's a briefing document so that er all those involved are , that all those that are involved on the operation erm , are as well informed as is possible .
[PS489]
Erm , I 'm at a lost on this . You 're being asked erm you told us you rang up the Assistant Chief Constable who gave you the authority to carry out the armed operation .
[PS488]
Yes my Lord .
[PS489]
Now at that stage you were doing it on the telephone were you ?
[PS488]
That 's correct my Lord .
[PS489]
So you did n't have a letter there and then and [UNCLEAR] asked something about was it put into writing .
[JJWPSUNK]
No no no er [UNCLEAR]
[PS488]
Well that , sorry I I I 've lost it , so let's [UNCLEAR] .
[JJWPSUNK]
A Mr [ANONYMIZATION] yesterday , he was just authorising the use of firearms and he said that was put into writing and we 've got that form but that only authorises the issue of firearms er the practicality , the authorising and the carrying out of the raid is n't covered by that document . It 's covered by the document this officer 's [UNCLEAR] .
[PS489]
And when does the authority to issue the firearms , when 's that signed ?
[JJWPSUNK]
Er it was er well it said , [UNCLEAR] I think [UNCLEAR] .
[JJWPSUNK]
Lord would it help if , [UNCLEAR] the issue of firearms authorisation which was signed by Assistant Chief Constable [ANONYMIZATION]
[PS489]
I really wanted to know when it was done .
[JJWPSUNK]
The verbal authoris authorisation was given at seven fifty P M on the fourth of December and there was a subsequent tactical , the tactical advisor Sergeant [ANONYMIZATION] spoke to the Assistant Chief Constable at eight fifteen . Both those times are recorded , I 've got copies for the jury .
[PS489]
But I 'm I I I 'm not sure what relevance it is , I mean is this some procedure that it 's got to be reduced into writing ?
[JJWPSUNK]
My Lord if I can help . I think what what point is being made is er albeit from assistance from [ANONYMIZATION] should have been referred [UNCLEAR] is that an operation will always have been drawn up . It 's a very simple matter and it it , there 's no [UNCLEAR] so even if the jury are about to hear it from the witness . Which [UNCLEAR] like the breaching order in effect . It just sets out the information with any further suggestions . Sergeant [ANONYMIZATION] will give evidence as to why he supported it afterwards . [UNCLEAR] there 's no legal [UNCLEAR] .
[PS489]
No right then , the we know this er is n't an issue that the Assistant Chief Constable said you can go ahead with this operation . Well I I I 'm not sure what what document is now being referred to . Some document that erm was produced and lost at some point or .
[JJWPSUNK]
My Lord , I think the case is being made if I may say so sir , to give the jury the impression that the police just [UNCLEAR] document . The police destroyed the document in question , they 'll tell you why they have destroyed it [UNCLEAR] .
[PS489]
There was here some enquiry and the that enquiry as a matter of public policy I understand the documents are n't to be available , even if they assist the police , or if they assist the other side .
[JJWPSUNK]
But my Lord .
[PS489]
It 's simply something that we 're all bound by .
[JJWPSUNK]
My Lord yes , [UNCLEAR]
[PS489]
Yes well then I 'm not sure , wh what is this document Mr [ANONYMIZATION] ?
[PS48A]
As er the officer was saying it 's a briefing document prepared before the raid , therefore of course it 's not covered by public interest immunity . The reason I 'm in it is that document , as the officer says , sets out the information given as the offer as the officer put it . That is the information on which the police were acting when they decided it was reasonable to take this action .
[PS489]
Right .
[PS48A]
I just wanted to know what that information was , that 's all . But if the document does n't exist , it does n't exist unless you can remember what the information was on that document but I would imagine [UNCLEAR] .
[PS488]
Only that it would have contained the information er as I 've detailed already .
[JJWPSUNK]
Now would you , I think it must be right that you were at the [UNCLEAR] at five fifteen in the morning conducted by Sergeant [ANONYMIZATION] .
[PS488]
Yes sir .
[JJWPSUNK]
Broadly were the policemen being told they were dealing with a hostage situation , or a harbouring situation ?
[PS488]
I 'm not actually sure that either er was mentioned erm , what they would have been told er was that there was an escaped prisoner there er who was armed and our intention was to arrest him . Now I do not actually recall er us going into detail about the [UNCLEAR] harbouring er and I certainly do n't recall erm that we were talking about a hostage situation .
[JJWPSUNK]
Well it 's just that it 's the Chief Constable 's case that when er [ANONYMIZATION] er sorry when [ANONYMIZATION] was got from his bed he was told that he was being arrested for harbouring and escapee Lawrence [ANONYMIZATION] . Have you any idea which ever officer said that formed the impression that it was a harbouring situation ?
[PS488]
No er that is a matter for the officer er to answer .
[JJWPSUNK]
The only other thing is this . The armed police went into the flat and you and Sergeant [ANONYMIZATION] stayed in the control vehicle .
[PS488]
Yes sir .
[JJWPSUNK]
Some time subsequently you yourself went to the flat .
[PS488]
Yes sir .
[JJWPSUNK]
Did any other police officers go into the flat in , to your knowledge , go into the flat in that interval . I mean after the armed police officers but before you ?
[PS488]
It 's quick like quite likely that C I D officers [UNCLEAR] almost certainly , C I D officers would have gone before me .
[JJWPSUNK]
So when Mr [ANONYMIZATION] said that the firearms office [UNCLEAR] majority of language , when the firearms officer said wait for the C I D and then some other policemen arrived and then you , that may well be right because from what you say it may well be that the C I D did get to the flat after the officers but before [UNCLEAR] ?
[PS488]
That 's right .
[JJWPSUNK]
Great .
[JJWPSUNK]
My Lord I have no real examination to do , does your Lordship have any questions ?
[PS489]
Er and where would the se . You were in a car , the control car .
[PS488]
Yes my Lord .
[PS489]
How far away from the flat ?
[PS488]
Initially probably about er three hundred yards er in a in a side junction erm , but as , once the ins once the operation had commenced erm we moved up onto the car park actually on , below the flats .
[PS489]
And erm , where were the C I D officers whilst the armed officers went in ?
[PS488]
I 'm not actually sure erm .
[PS489]
Well would they be close at hand ?
[PS488]
They would have been close at hand my Lord erm I just do n't know , it may be that , I think they were probably in a vehicle also close at hand ready to [UNCLEAR] .
[PS489]
Yes . Yes , thank you erm Mr [ANONYMIZATION] .
[JJWPSUNK]
My Lord I call er Sergeant [ANONYMIZATION] .
[JJWPSUNK]
Take the book in your hand and repeat after [UNCLEAR] .
[JJWPSUNK]
I swear by Almighty God .
[PS48B]
I swear by Almighty God .
[JJWPSUNK]
That the evidence I shall give .
[PS48B]
That the evidence I shall give .
[JJWPSUNK]
Shall be the truth .
[PS48B]
Shall be the truth .
[JJWPSUNK]
The whole truth .
[PS48B]
The whole truth .
[JJWPSUNK]
And nothing but the truth .
[PS48B]
And nothing but the truth .
[JJWPSUNK]
Thank you .
[JJWPSUNK]
Sergeant [UNCLEAR] tell [UNCLEAR] where you currently live .
[PS48B]
I live in er a province of [ANONYMIZATION] in Spain my Lord .
[JJWPSUNK]
And er [UNCLEAR] retired from the police force now ?
[PS48B]
I have yes .
[PS489]
I thought it was exclusively terrible criminals that live in that part of the world .
[JJWPSUNK]
[PS489]
Perhaps I 've been watching too much television yes .
[JJWPSUNK]
Wh when did you retire Sergeant [ANONYMIZATION] ?
[PS48B]
I retired in er September last year , nineteen ninety two .
[JJWPSUNK]
And in December of nineteen eighty eight , er what was your rank and where were you positioned ?
[PS48B]
I was a Sergeant at er police headquarters and my duties amongst er others was as a senior tactical advisor for the [ANONYMIZATION] police force on firearms matters .
[JJWPSUNK]
My Lord , first of all can I just ask whether you could tell the jury something about the training of firearms officers ?
[PS48B]
Yes . Initially er all firearms officers by the nature of the duties , are volunteers . They receive no extra remuneration whatsoever for their duties although at some times of course it can be quite dangerous . Er , applications are accepted from all officers who have completed a two year period of probation and no applications are considered whilst an officer is in his probation . First and foremost erm there is an assessment of those officers by their immediate supervisors and er a [UNCLEAR] then ensues whereby er suitable officers are s selected to come for a two day assessment at er police headquarters .
[JJWPSUNK]
Just pausing there [UNCLEAR] , I think it will become relevant . What is the purpose of that assessment by the police ?
[PS48B]
The assessment by the police is to eliminate erm any officer that er has psychopathic tendencies or er on the other side of the coin , to eliminate those officers that erm might be so timid that they would n't be able to perform the duties should it be necessary for them to fire a weapon .
[PS489]
You eliminate those who are too timid or those you think are too aggressive .
[PS48B]
Precisely my Lord .
[JJWPSUNK]
So Mr [ANONYMIZATION] it would perhaps be right to think then that you 're looking for cover for the firearms unit ?
[PS48B]
Certainly not no , certainly not .
[JJWPSUNK]
And after they 've that [UNCLEAR] psychological assessment . Is there any other assessment of their capabilities ?
[PS48B]
Yes er a physical assessment er takes place , they 're given er a medical , eyesight , hearing tests and going on from that er er a one day assessment in the actual use of firearms takes place before they are actually selected to er attend a preliminary course of two weeks duration .
[JJWPSUNK]
And what does the preliminary two week course involve ?
[PS48B]
It involves all aspects of erm the law in relation to firearms , their issue , their use er great emphasis placed on er section three of the criminal law act in respect of the use of reasonable force . Their actual ability to fire a weapon , a hand gun in this case . Their ability to react to given situations using slide and a film projector images and er a written examination at the er end of it , plus a full classification shoot whereby they have to reach a certain standard erm of ability in order to er pass the two week course .
[JJWPSUNK]
Mr [ANONYMIZATION] [UNCLEAR] I assume it 's [UNCLEAR] are they free to go out and use firearms ?
[PS48B]
No erm they are then authorised and issued with an authorisation card following the successful completion of the course to carry a firearm on police duties if required er , the authorisation is issued by either the Chief Constable or er his deputy and that would enable the officer if required to go an armoury at one of the police stations and produce his card and be issued with a weapon if necessary . That card er contains information er regarding er the law and er instructions to the officer in addition each officer receives er a set amount of training per month . At the time of this incident the incident was carried out by a group of officers who were called the operational support unit . Those officers were especially selected from erm the firearms officers we had available at that time and they were responsible for all firearms operations within the county . They 've trained in addition to the once a month or even twice a month , they 've trained whenever their duties allowed .
[JJWPSUNK]
Mr [ANONYMIZATION] in December nineteen eighty eight , how long had you been a firearms officer , or tactical advisor ?
[PS48B]
I [UNCLEAR] an authorised officer in nineteen sixty eight , so it 'd have been twenty years and er from there I became er an instructor in nineteen eighty four er having successfully completed a number of national run courses on firearms , firearms tactics at the national school of firearms er which are in the metropolitan district and er Lancashire and West Yorkshire .
[JJWPSUNK]
And just finally on the [UNCLEAR] Mr [ANONYMIZATION] are you able to put an approximate number , er figure to the number of such operations you 've been involved in ?
[PS48B]
Hundreds .
[JJWPSUNK]
Could you tell us what your role was in the operation to go into [ANONYMIZATION] ?
[PS48B]
Yes er my role was the tactical advisor on this operation and in doing that .
[JJWPSUNK]
What were the name [UNCLEAR] what does tactical advisor mean ?
[PS48B]
It meant because of my experience and my knowledge I was erm able to advise the Superintendent in charge , Mr [ANONYMIZATION] , on the various options that were available to him and also erm advise him whether he was considering other options , whether they would be safe or otherwise .
[JJWPSUNK]
Do you [UNCLEAR] remember at what time you were contacted approximately ?
[PS48B]
I think about eight o'clock in the evening at home .
[JJWPSUNK]
Did you then go to [ANONYMIZATION] ?
[PS48B]
Yes I did .
[JJWPSUNK]
And did you go to the planning question at all before the operation ?
[PS48B]
Yes I did .
[JJWPSUNK]
And when was that ?
[PS48B]
I recollect about half past ten that evening on the fourth .
[JJWPSUNK]
And er what was [UNCLEAR] in the flat ?
[PS48B]
It was n't my intention originally to go to the flat , it was my intention to reconnoitre the area in order that I could supply the officers who were going to do the actual operation with up to date information as to erm the methods of getting in to the block of flats because they had a coded key door erm and to acquaint myself of the actual physical erm presence of lifts , stairways and that sort of thing . As it was er quite late on a Sunday evening I did in fact take the opportunity to listen at the door of the flat in question .
[JJWPSUNK]
And what did you hear anything ?
[PS48B]
Yes , I heard two men speaking and the possibility of either another man or a woman also in the premises .
[JJWPSUNK]
And as a result of that reconnoitre , where did you then go ?
[PS48B]
I then returned back to the er police station where I commenced to write the operational order in respect of the incident .
[JJWPSUNK]
And is the operational order er the document that is being referred to be the plaintiff 's council .
[PS48B]
Yes it is .
[JJWPSUNK]
And what would you put in that document ?
[PS48B]
The document is basically a briefing document in order that every piece of information erm that is available to the police is then able to be passed on to the officers who are actually going to do the job . So they they are fully aware of the implications and er fully aware of exactly what is required of them .
[JJWPSUNK]
Sergeant [ANONYMIZATION] before I take you on to deal with the briefing itself , I just want to go back and ask you one thing . The jury [UNCLEAR] twenty years in time and with the information you had from Superintendent [ANONYMIZATION] , did you consider that instead of mounting a an operation like that , you should simply surround the flat or be [UNCLEAR] with [UNCLEAR] . Did you consider that ?
[PS48B]
Yes it was considered . Er in fact it was put to me as as an option by Superintendent [ANONYMIZATION] that this could be , if this could be done er at the time er if I recall one of the reasons erm that we were n't able to do it in such a way was that there are numerous exits to the block of flats and each exit would have had to be covered by at least two armed officers we only only had in the region of twenty five officers available to us at that time in the [ANONYMIZATION] police who were authorised to be armed and to maintain such a surveillance , erm not only would be very costly in the terms of the number of officers . There would have to be changes of shifts , er and the likelihood that the operation to erm , the surveillance operation would be compromised as a result .
[JJWPSUNK]
How long do firearms officers spend on such a surveillance shift ?
[PS48B]
The minimum amount of time that is necessary er in an operation such as this when the operation is finished the officers are then allowed to go home , that 's the end of their shift because erm there 's a great deal of adrenalin flows on an operation like this . On a surveillance operation we are looking at , I would n't like to see an officer who is armed , more than six hours in that position . His ability to A function as a surveillance office and B to function as a armed officer after being maybe in the er in a vehicle for that length of time er is both dangerous to the public and dangerous to him .
[JJWPSUNK]
Yes [UNCLEAR] there are four exits and entrances to this block of flats with two officers on each entrance , that 's eight officers to start with .
[PS48B]
Presumably you have a command post ?
[PS48B]
Yes .
[JJWPSUNK]
So that 's within six hours you would have worked your way through more than half of your compliment of armed officers ?
[PS48B]
Correct .
[JJWPSUNK]
That 's ignoring sickness , holiday and everything else ?
[PS48B]
Yes .
[JJWPSUNK]
And do we understand from your reference , that it 's your policy that armed officers should do that job and then get home , get out of the way and relax a bit ?
[PS48B]
Yes , that is correct erm in my experience er both being erm on armed incidents er the adrenalin flow is tremendous , the officers are erm concentrating one hundred and fifty percent on their task in hand and it is very tiring work . It 's a constant threat of danger and after debrief which takes place in the police station , erm relaxation is necessary erm , we have the availability of er stress counselling as well and a period of about two hours normally elapses before the officers is er reasonably able to er function as a normal police officer again and because of this er it has been decided that the officer 's duties for that day er will be terminated .
[JJWPSUNK]
They 're not like junior house doctors who do a ninety two hour week just work until they drop ?
[PS48B]
They often do ninety two hours a week but erm would n't do ninety two hours a week on an operation , certainly not .
[JJWPSUNK]
Well let's move on now to try to the briefing . Did you conduct the briefing ?
[PS48B]
Yes , in conjunction with Superintendent [ANONYMIZATION] .
[JJWPSUNK]
And when did you conduct it ?
[PS48B]
Er the briefing was held at er the briefing room at [ANONYMIZATION] at five fifteen A M on the [UNCLEAR] .
[JJWPSUNK]
And who selected the officers for the operation ?
[PS48B]
The officers for the operation were selected by their commander erm the inspector in charge of the operational support unit . I would ask him on authorisation from er the Assistant Chief Constable , I would ask him for a number of officers .
[JJWPSUNK]
And how many did you ask for in this case ?
[PS48B]
Six armed officers , but I would also require other members of the operational support unit to support those officers in a non-armed role .
[JJWPSUNK]
Yes and at the briefing , just tell us first of all what you said about the objective of the operation .
[PS48B]
The objective of the operation was to arrest Mr [ANONYMIZATION] with the proviso that it was to be done with the safety of the public to be paramount and that the safety of the police officers and Mr [ANONYMIZATION] was also to be considered . But the main objective was to search the house to see if Mr [ANONYMIZATION] was there .
[JJWPSUNK]
On on a briefing for an operation do you have to give further recommendation to advise on instructions about the use of guns or is that part and parcel of [UNCLEAR] training ?
[PS48B]
No er at er briefing , officers are again reminded of their responsibilities within the law , as to reasonable force and even when the officer issuing firearms , which is not myself , er an officer of inspector rank issues the firearms , er arms to the individual officers , they are again reminded of their responsibilities within the criminal law .
[JJWPSUNK]
Were the officers to be equipped with radios ?
[PS48B]
Yes .
[JJWPSUNK]
And would the radios be used once they were in the flat ?
[PS48B]
That would be a decision of the officer in charge of the actual operation erm that was actually going into the flat but it was normal practice that radios would be switched off .
[JJWPSUNK]
And who was , who was the officer who would lead them into the flat ?
[PS48B]
The officer erm lead them into the flat was Sergeant [ANONYMIZATION] .
[PS489]
Sergeant ?
[PS48B]
[ANONYMIZATION] [ANONYMIZATION] .
[JJWPSUNK]
Have you ever worked with Sergeant [ANONYMIZATION] before [UNCLEAR] ?
[PS48B]
Yes I have .
[JJWPSUNK]
Do you have confidence in him to conduct this operation ?
[PS48B]
Yes I did .
[JJWPSUNK]
What was the decision as to how you would physically enter the flat ?
[PS48B]
The police force at that time were in possession of what is known as an automatic door opener . This piece of er equipment was er purchased some short time before in order that er we could enter , heavily secured doors er with a minimum amount of noise in order to er gain entry to premises where there was a possible armed incident taking place , or a possible hostage situation .
[JJWPSUNK]
Do we understand from that that you wish to gain entry without alerting the occupants ?
[PS48B]
That is the intention yes .
[JJWPSUNK]
And [UNCLEAR] does that have a bearing on the time that you conduct such operations ?
[PS48B]
It is a medical fact that the body is at its lowest ebb between three and six in the morning and the ability to react , the ability to think when one is being woken up in the early hours of the morning erm are a consideration that we take into account when we have to mount an operation inside a premises . Er , if the person er is sitting watching the television and er has been awake for several hours then we are at a disadvantage .
[JJWPSUNK]
In addition to the firearms that [ANONYMIZATION] tell us about and the door opener , was any other equipment issued to the officers ?
[PS48B]
Yes the officers excuse me , the officers would be issued with a ballistic shield , this is a piece of equipment that is erm bullet proof to certain weapons and enables officers to er enter rooms er through doorways safely , even if shots are fired towards them from inside the room .
[JJWPSUNK]
And could you just briefly describe the er the dimensions and the look of that ?
[PS48B]
It 's about six feet in height and just about shoulder width , er it 's coloured black and it has a bullet proof glass window of about six inches by four inches which enables the er officer behind the shield to manoeuvre it in the correct position .
[JJWPSUNK]
Do firearms officers have any training in first aid ?
[PS48B]
Yes all firearms officers are trained first aiders and er carry St. Johns ambulance certificates .
[JJWPSUNK]
Is there anything about the preparation of this operation that caused you to dissatisfaction ?
[PS48B]
No , none at all .
[JJWPSUNK]
After you conducted the briefing , where did you go ?
[PS48B]
I went with er Superintendent [ANONYMIZATION] to [ANONYMIZATION] er where we positioned ourselves in a control vehicle and er I remained there until I heard from the firearms team inside the house that all occupants of the house had been found and were secured .
[JJWPSUNK]
Mr [ANONYMIZATION] it 's been suggested from my plaintiff that it took [UNCLEAR] ten to fifteen minutes to enter and secure the flat by the firearms officers . Do you have any observation on that time scale ?
[PS48B]
I would say from the point where I was told on the radio that the officers were entering the premises to the point where I was told everybody was secured , could not be more than four five minutes . That was my recollection .
[JJWPSUNK]
Mr [ANONYMIZATION] thank you very much if you wait there [UNCLEAR] .
[JJWPSUNK]
Yes it only took four or five minutes until you were told the occupants were secure but then it [UNCLEAR] er everybody waited for the C I D to arrive . Do you , do you know how long that took ?
[PS48B]
C I D were actually backed in the building . They were n't in the actual flat at that time er their role was to er prevent members of the public whilst the armed officers were at the scene erm from entering the corridors at either end of the block of flats .
[JJWPSUNK]
Did you go to the flat with er I do apologise Mr [ANONYMIZATION] when he went [UNCLEAR] ?
[PS48B]
I did , I did go to the er the flat shortly after Mr [ANONYMIZATION] . I did n't go inside the premises , I just er went there to remove er the er automatic door opener .
[JJWPSUNK]
And how long had elapsed between the armed officers going in and Mr [ANONYMIZATION] leaving [UNCLEAR] flats ?
[PS48B]
No no more than five minutes I would say .
[JJWPSUNK]
So that was almost instan instantaneous with the message ?
[PS48B]
Yes er erm my instructions are that all persons are accounted for in the premises and er once they 've been accounted for er then it was safe for other officers , i.e the C I D or Superintendent [ANONYMIZATION] to go to that yes and they would not have been allowed in had I not received instructions that the house was secure and all persons accounted for .
[JJWPSUNK]
Just briefly as I asked Mr [ANONYMIZATION] were you saying harbouring situation , or are you saying hostage situation or are you saying neither ?
[PS48B]
They were considered , both of them considered , both of them considered erm but it is my recollection that erm [UNCLEAR] been the inference that Mr [ANONYMIZATION] had made the telephone calls himself . That might have been an inference , I do n't , it seems , it was there it was it was said by somebody er as a matter of course or whatever and it might well have been that erm certainly it would have been mentioned at the briefing that there was er a woman in the house , Mrs [ANONYMIZATION] possibly and the likelihood of children , er was possibly also mentioned but there was no definite intelligence as to er the [ANONYMIZATION] having any children .
[JJWPSUNK]
Yes , but you 'd been to the flat at about ten thirty in the evening before was there anything you heard or seen at the flat to indicate it might be a hostage situation ?
[PS48B]
No .
[JJWPSUNK]
The only other relates to that visit to the flat . It was n't suggested to Mr [ANONYMIZATION] when he gave evidence that there was another man at the flat that night , I am told that if it had been his answer would have been an unequivocal no . Is n't it possible that you mistook the two or possibly three voices you heard , for in fact Mr and Mrs and [UNCLEAR] .
[PS48B]
There is that possibility but as I was aware .
[JJWPSUNK]
[UNCLEAR] believed to the T V.
[PS48B]
No there was def there were definitely er er voices that were er there and there , not erm voices from the television .
[JJWPSUNK]
[UNCLEAR]
[JJWPSUNK]
My Lord I have no re-examination . Does your Lordship have any questions ?
[PS489]
No .
[JJWPSUNK]
Well [UNCLEAR] convenient time to take lunch .
[PS489]
Yes members of the jury we will resume at two o'clock , erm because I have other duties later on this afternoon we 'll have to finish at four o'clock today , it may help you to know that , it may help council to know that as well .
[JJWPSUNK]
My Lord I call Sergeant [ANONYMIZATION] .
[PS489]
Just erm before you do and so that we can all follow where we 're getting to erm what witnesses are you going to call ? Then we know , we shall know how we 're getting on .
[JJWPSUNK]
My Lord yes , er there 's just , we 're now dealing with the officers that went into the flat and conducted the operation [UNCLEAR] and then there 's one W P C who comes after that to give some evidence but then that 's it [UNCLEAR] .
[PS489]
I see so we 've got the five officers who went into the flat now coming one after the other
[JJWPSUNK]
My Lord yes .
[PS489]
plus the W P C.
[JJWPSUNK]
My Lord yes , if I could there was a fifth officer that erm had authorised nothing and was n't [UNCLEAR] .
[PS489]
No it 's alright I I just thought it helps me and the jury to know what where we are in the evidence .
[JJWPSUNK]
[UNCLEAR]
[PS489]
Good .
[JJWPSUNK]
Take the book .
[PS48C]
Thank you .
[JJWPSUNK]
I swear by Almighty God .
[PS48C]
I swear by Almighty God .
[JJWPSUNK]
That the evidence I shall give .
[PS48C]
That the evidence I shall give .
[JJWPSUNK]
Shall be the truth .
[PS48C]
Shall be the truth .
[JJWPSUNK]
The whole truth .
[PS48C]
The whole truth .
[JJWPSUNK]
And nothing but the truth .
[PS48C]
And nothing but the truth .
[JJWPSUNK]
Now could you give your current name , rank and station ?
[PS48C]
Sure er it 's John [ANONYMIZATION] currently a police sergeant stationed at [ANONYMIZATION] .
[JJWPSUNK]
And in December of nineteen eighty eight , what was your rank in your job ?
[PS48C]
Er in December nineteen eighty eight er I was a police constable , I was stationed at [ANONYMIZATION] I was er a firearms instructor in the operations department and also a tactical advisor .
[JJWPSUNK]
And when did you first become a firearms officer ?
[PS48C]
Er I first commenced training er as a firearms officer in nineteen eighty .
[JJWPSUNK]
And when did you become a tactical advisor ?
[PS48C]
In nineteen eighty eight , having er attended all of the national courses .
[JJWPSUNK]
Now if you , if there 's a firearms officer a full time job or are there other ordinary police duties as well as .
[PS48C]
At the time er when I was a firearms instructor er that was the job that I did every day I went to work either firearms training or firearms operations .
[JJWPSUNK]
And er Mr [ANONYMIZATION] have you ever had to shoot a suspect ?
[PS48C]
No I have n't , no .
[JJWPSUNK]
Now were you involved in an operation to enter and search the flat known as [ANONYMIZATION] in December of eighty eight ?
[PS48C]
Yes that is correct .
[JJWPSUNK]
And were your involvement the decision to carry out the search or was your involvement the operational search ?
[PS48C]
It was the actual operation that I was involved in .
[JJWPSUNK]
And when did you first become involved in the operation ?
[PS48C]
I would have gone to police headquarters that morning around about four A M and er from there onwards to [ANONYMIZATION] where the briefing was .
[JJWPSUNK]
[UNCLEAR] Sergeant [ANONYMIZATION] carried out the briefing .
[PS48C]
He did yes , that 's correct .
[JJWPSUNK]
And were you issued with a weapon ?
[PS48C]
Yes I was .
[JJWPSUNK]
A and what sort of weapon ?
[PS48C]
A revolver Smith and Weston revolver .
[JJWPSUNK]
Are you familiar with that sort of gun ?
[PS48C]
Yes I am .
[JJWPSUNK]
And ordinarily how would you carry that gun about your person ?
[PS48C]
Prior to and immediately after the operation , the weapon would be holstered erm and secured by means of a strap across er the hammer of the weapon .
[JJWPSUNK]
Is there any way the gun could then go off in that [UNCLEAR] ?
[PS48C]
No not at all no it 's a safety feature .
[JJWPSUNK]
What was your role to be in this operation ?
[PS48C]
Technically I was er the team leader of the operation er and therefore in charge of the actual execution .
[JJWPSUNK]
Have you been a team leader before ?
[PS48C]
Yes I have yes .
[JJWPSUNK]
Are there any rules about pointing guns , loaded guns at people ?
[PS48C]
Yes there are certain considerations that obviously we take er we take into effect .
[JJWPSUNK]
And what are they ?
[PS48C]
Well obviously the fact that we er are carrying a firearm and that firearm is loaded erm has to be borne in mind at all times . Without over dramatising the fact that firearm , coupled with myself could easily kill somebody so we have to make sure that every single time we draw the weapon er there is a need , there is a justification for it er and as soon as that need and justification stops , so would we put the weapon away .
[JJWPSUNK]
Do er firearms officers carry any special firearms card ?
[PS48C]
Yes we do , yes .
[JJWPSUNK]
Do you have the card with you ?
[PS48C]
Yes I have . The card that we 're issued with .
[JJWPSUNK]
Mr [ANONYMIZATION] we will show the jury in in just a moment but could you just tell us first of all what the card says , in general terms .
[PS48C]
Yes sure , the card itself er is authorisation that is signed by er an officer of at least the rank of Assistant Chief Constable and er it 's a firearms authorisation that enables us or as an individual , to be issued with a firearm that is named on this card , er for that particular type of weapon er if if we go to a firearms operation .
[JJWPSUNK]
And is there anything else on the er the rear of the card ?
[PS48C]
Yes sure , on the rear er if I could read it out .
[JJWPSUNK]
Certainly .
[PS48C]
Please read the notes below carefully . The law section three of the criminal law act nineteen sixty seven reads a person may use such force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large . And then it goes on a strict reminder . A firearm is to be used only as a last resort . Other methods must have been tried and failed , or must because of the circumstances , be unlikely to succeed if tried . For example . A firearm may be used when it is apparent that the police can not achieve their lawful purpose of preventing loss or further loss of life by any other means . Wherever practicable an oral warning is to be used before a firearm is used . And lastly we [UNCLEAR] to individual responsibility . The responsibility for the use of the firearm is an individual decision , which may have to be justified in legal proceedings . Remember the law and remember your training .
[JJWPSUNK]
Yes and er Mr [ANONYMIZATION] do firearms officers carry such a document all the time ?
[PS48C]
Yes yes we do yes .
[JJWPSUNK]
Lord I wonder whether the jury could er look at that or whether it would be more convenient for them to look at it later .
[PS489]
They can look at it now get it out of the way . Er I I 'm not quite sure of the relevance of this . It shows that this officer was authorised to carry a gun and erm that 's not in dispute .
[JJWPSUNK]
My Lord [UNCLEAR]
[PS489]
It it it 's not the sort of thing when the gas man calls that the man is being having a gun pointed at him he says wait a minute can I see your card please .
[JJWPSUNK]
No my Lord the [UNCLEAR] idea was simply to show the jury that the police are [UNCLEAR] a reminder .
[PS489]
Oh yes , right please .
[JJWPSUNK]
[UNCLEAR]
[PS489]
Yes well there we are . Have have a look at it members of the jury it 's part of the part of the history as it were .
[JJWPSUNK]
Mr [ANONYMIZATION] [UNCLEAR] again about guns , what is the your general policy on [UNCLEAR] and dealing with guns in the presence of children ?
[PS48C]
Well we would never point a firearm at a child , erm there would be no cause to , no need to .
[JJWPSUNK]
And in your mind at the time , Mr [ANONYMIZATION] , what was the object of the operation ?
[PS48C]
The the object of the operation really was to to obviously apprehend er [ANONYMIZATION] because at that time we believed that he was er a danger to the public and other people .
[JJWPSUNK]
[UNCLEAR]
[PS489]
Yes .
[JJWPSUNK]
[UNCLEAR]
[PS489]
Yes does anyone want to saying anything about the card ?
[JJWPSUNK]
Er yes sir [UNCLEAR] it does not seem to have a photograph of the officer who [UNCLEAR] it just has his name . I was just wondering should it not have a photograph ?
[PS489]
Yes certainly .
[JJWPSUNK]
[UNCLEAR]
[PS489]
No certainly no I well what about it ?
[PS48C]
Er yes my Lord , er in conjunction with the card er we have a warrant card which is individually issued to er a respective officer with his name , his rank er and also a photograph .
[PS489]
Now that 's the one the public can and ought to ask to see .
[PS48C]
That that 's correct yes .
[PS489]
When you knock at the door at night , you make sure [UNCLEAR] a policeman and not something else .
[PS48C]
That is correct my Lord yes , I have that [UNCLEAR]
[JJWPSUNK]
So [UNCLEAR] got a special pass because you 're a firearms officer which is essentially deals with your authorisation to have a gun and reminds you of the law .
[PS48C]
That is correct .
[JJWPSUNK]
But also because you 're a police officer as well , you 've got the usual warrant card .
[PS48C]
That that 's correct yes .
[JJWPSUNK]
It carries your photograph .
[PS48C]
Yes .
[JJWPSUNK]
And it 's the sort of the card the jury may well have seen on television in dramas [UNCLEAR] .
[PS489]
Well er er as I observe the authorisation card is of general interest to us but it 's not the sort of thing you 're going to produce to a member of the public .
[PS48C]
No it 's certainly not my Lord no .
[PS489]
It 's really a record simply that you have been given the authority .
[PS48C]
That is correct my Lord yes .
[JJWPSUNK]
And it , would it be fair to say Mr [ANONYMIZATION] that it is a form of control within the police force ?
[PS48C]
Of course yes .
[PS489]
And when you actually go and draw the arms do you produce your card then ?
[PS48C]
Yes I do my Lord yes .
[PS489]
Yes I see well thank you .
[PS48C]
Thanks very much .
[JJWPSUNK]
Mr [ANONYMIZATION] in due course did you go to the flat ?
[PS48C]
I did indeed yes .
[JJWPSUNK]
And can you tell the jury exactly what time did you arrive at the flat ?
[PS48C]
We would ari have arrived at the block of flats prior to six o'clock but not many minutes prior to and then from there er we made our way up to that floor by the stairs as opposed to the lift .
[JJWPSUNK]
And how many officers were to go into the flat ?
[PS48C]
Six of us in total .
[JJWPSUNK]
And had you decided in advance where you would go once you got in ?
[PS48C]
Yes we had , yes . That was part of the briefing .
[JJWPSUNK]
And who took that decision ?
[PS48C]
The decision to exactly where we were going and was taken , a joint decision by Sergeant [ANONYMIZATION] and myself .
[JJWPSUNK]
A and before we go into what happened once got in the flat , just tell us now who was to go where in the first instance .
[PS48C]
The the officers involved in the actual armed execution o of the the operation . P C [ANONYMIZATION] would have been the first man into the flat and he was carrying the [UNCLEAR] shield that has been mentioned earlier . The second person into the flat and immediately very , very close behind to P C [ANONYMIZATION] was myself and the third person into the flat would have been P C [ANONYMIZATION] .
[JJWPSUNK]
Was he carrying a shield ?
[PS48C]
He was carrying a shield as well . The fourth person would have been P C [ANONYMIZATION] The fifth person P C [ANONYMIZATION] and the last person forming part of the firearms team er would have been P C [ANONYMIZATION] .
[JJWPSUNK]
Er and [UNCLEAR] put us out of our [UNCLEAR] er how many ballistic shields did you take into that flat ?
[PS48C]
Into the flat itself , two .
[JJWPSUNK]
Are you sure you did n't take three or four or five ?
[PS48C]
I have to say that I know for definite that the force at that time only possessed two shields , er we kept one shield in the South of the county at [ANONYMIZATION] and one shield North of the county and [ANONYMIZATION] and hence that is why I went to the headquarters in the morning .
[JJWPSUNK]
And again before we come on to the entry . I 'd like to ask you what you were wearing ?
[PS48C]
Every single officer involved in that operation from an armed point of view , er was wearing a beret with a silver badge on the front of the black beret .
[JJWPSUNK]
Would you have , do you have a beret like that .
[PS48C]
I do .
[JJWPSUNK]
Could you please get [UNCLEAR] .
[PS48C]
Sure .
[JJWPSUNK]
[UNCLEAR]
[PS48C]
Right , this is my er the original beret but this is a beret that every single officer would have been wearing on his head and then er in relation to the actual uniform that the officer would be wearing er we wear jumpsuits . They 're all identical , all the same and hence erm that 'd be the the kit we were wearing there .
[JJWPSUNK]
Thank you .
[PS48C]
And then lastly , over the top of that jumpsuit er we would wear our ballistic armour and this is identical to the armour that we would have worn that day .
[JJWPSUNK]
Erm my Lo my Lord again , if the jury wish to [UNCLEAR] in due course . Mr [ANONYMIZATION] how did you gain entry to the flat ?
[PS48C]
A er one of the officers er used a door opener which is
[JJWPSUNK]
Which officer was that ?
[PS48C]
Er P C [ANONYMIZATION] er used the door opener which is a hydraulic system er it 's a jack type principal that when activated er forces the frame apart at the side but at the same time should exert pressure onto the door and then er knock should knock it in very quickly .
[JJWPSUNK]
And w would that be the [UNCLEAR] talk about the door but once you had the door off .
[PS48C]
Yes .
[JJWPSUNK]
Who went into the flat first ?
[PS489]
Well you say it should open it very quickly , what happened on this occasion ?
[PS48C]
Er my Lord I 'm afraid it did n't . Erm .
[JJWPSUNK]
Can you tell [UNCLEAR] .
[PS489]
It was a good it was a good question in that case .
[JJWPSUNK]
Yes tell the jury then [UNCLEAR] tell the jury what happened with the the door opener .
[PS48C]
Er yes , the door opener in fact was was put on wrongly erm by unfortunately P C [ANONYMIZATION] and er as the pressure started to exert outwards erm it then found that there was no resistance and consequently all the pressure was being put outwards er and as such then the machine started to to make a noise erm which then we had to switch it off , turn it round , back on again and eventually gained access .
[JJWPSUNK]
Mr [ANONYMIZATION] how much time did you lose by having to switch the machine round ?
[PS48C]
Whilst at the time , it it seemed an eternity , it was literally seconds , er very , very quickly because we were aware of the noise that at that time in the morning seemed to be er echoing everywhere .
[PS489]
And do you erm thought it at least very possible that there was someone with a gun the other side of the door .
[PS48C]
That is correct my Lord , definitely .
[PS489]
Yes .
[JJWPSUNK]
Just before I deal with how you get in just tell the jury [UNCLEAR] what is your a approach in terms of the timing of the events . Once you 'd got access , what do you do ?
[PS48C]
We have to work as quickly and as safely as we possibly can and we ca n't afford to spend five minutes er searching a house , let alone a flat . We have to get in as quickly and as quietly a we possibly can and then once in try and secure the place from any possible threat that might be in there .
[JJWPSUNK]
Let's take it from the point where you have essentially broke the door down . Who went in first ?
[PS48C]
P C [ANONYMIZATION] .
[JJWPSUNK]
He 's with the shield .
[PS48C]
Yes that 's correct yes .
[JJWPSUNK]
And who followed him ?
[PS48C]
I did
[JJWPSUNK]
And what was your position in relation to him ?
[PS48C]
Er , immediately at very , very close behind him . To such a degree that I had hold of P C [ANONYMIZATION] .
[JJWPSUNK]
And it , I 'm sure the jury would get the [UNCLEAR] it 's rather an obvious question but [UNCLEAR] why is that ?
[PS48C]
That 's because hopefully the ballistic shield will give us a certain amount of er bullet proof cover and if I can get as close behind that shield er as I possibly can it it 's got to be safer from my point of view and from P C [ANONYMIZATION] point of view .
[JJWPSUNK]
Where did P C [ANONYMIZATION] and you go ?
[PS48C]
We moved er straight along the corridor to the rear main bedroom .
[PS489]
Now to what extent did you know the layout inside ?
[PS48C]
My Lord at the briefing that we attended er there was a sketch plan drawn up on the er the dry wipe board in the briefing room . Not to the degree of er detail that is on the map , but a rough idea of what we be encountering .
[JJWPSUNK]
[UNCLEAR] which room you were aiming for .
[PS48C]
Yes definitely yes .
[JJWPSUNK]
I appreciate Mr [ANONYMIZATION] it 's now five years ago but how long did it take from when the door went down to you getting to the main bedroom ?
[PS48C]
Seconds , two or three seconds .
[JJWPSUNK]
A and then what did either you or P C [ANONYMIZATION] do ?
[PS48C]
Er , P C [ANONYMIZATION] opened the bedroom door he I ca n't recall which way the door opened , whether it was to the left or to the right , but er P C [ANONYMIZATION] knocked the door back erm flat against the wall .
[JJWPSUNK]
Just pau pause a moment it why did he do that ?
[PS48C]
Er it 's something that we 're trained in to ensure that there is nobody hiding behind the door . If we only opened a door partly er there is room for somebody to hide behind it and then when we go into the room then we would encounter problems .
[JJWPSUNK]
He slammed the door open .
[PS48C]
That is correct .
[JJWPSUNK]
And how far did he go into the room at all ?
[PS48C]
To begin with there was a pause at the door , but a pause of perhaps I do n't know , one or two seconds at the most . Just to quickly assess that we were n't going forward to erm a horrible situation where er one of us or somebody else is going to be injured , so there would have been a very , very quick check to see who or what was in the room .
[JJWPSUNK]
And ha by this time had you or P C [ANONYMIZATION] said anything ?
[PS48C]
No , not until the until we opened the door , gave that quick check and then I saw a figure or figures in the bed .
[JJWPSUNK]
Er and when you saw the figure or figures did you say anything then ?
[PS48C]
Yes I did , yes .
[JJWPSUNK]
What did you say ?
[PS48C]
I said armed police , put your hands up .
[JJWPSUNK]
A and did you say it in the voice you 've just used now to me ?
[PS48C]
No er certainly not er I shouted my Lord .
[JJWPSUNK]
Did you shout very loud ?
[PS48C]
Very loud , yes .
[JJWPSUNK]
A and again , [UNCLEAR] but why did you shout armed police , was there any particular reason for using those [UNCLEAR] ?
[PS48C]
Well firstly we need to it it 's part of our training . Every single operation we go on whether we are in uniform or in plain clothes er and we are carrying a firearm , we need to identify ourselves as police officers . Because if we do n't we then run the risk of being injured ourselves erm somebody alleging that they did n't realise they were police officers and therefore shot at us because they thought we were invading their territory or something .
[JJWPSUNK]
Did you upset him ?
[PS48C]
Definitely yes .
[JJWPSUNK]
Mr [ANONYMIZATION] is it possible that in fact the [UNCLEAR] on this occasion you forgot to shout armed police ?
[PS48C]
No I know that is definitely not the case .
[JJWPSUNK]
As you shouted armed police where were your hands ?
[PS48C]
Certainly er by then perhaps I forgot to mention as we went through the front door my weapon was already out of the holster and by the time we 'd got the bedroom door my weapon would already have been under er my eye level , hence literally aiming the weapon and from there the gun was out , my arm was out , whether I still had hold of P C [ANONYMIZATION] I I ca n't recall .
[JJWPSUNK]
You shouted armed police and was there any immediate response .
[PS48C]
Yes there was yes .
[JJWPSUNK]
And what was that response ?
[PS48C]
Er the , the man in the bed put his hands up . Er , the woman put her hands up as well and then we started to move away from the door , er across the room er to avoid being stuck as a silhouette in the doorway .
[JJWPSUNK]
Mr [ANONYMIZATION] what was the , what was the lighting conditions when you shouted armed police ?
[PS48C]
There were no lights on er in the the bedroom itself . Certainly not as bright as here , er sufficient light for me to be able to see that there were people in there and to differentiate between a man and a woman but er at that time not enough to to be able to clearly define anybody .
[JJWPSUNK]
Did you try to switch the light on ?
[PS48C]
I did yes yes .
[JJWPSUNK]
Were you successful ?
[PS48C]
To begin with er I could n't find the light switch because my , my gaze was directed er at the people in the bed but then er I asked the man in the bed , where was the light switch and er he helped me back towards the area where the switch was and we eventually succeeded in getting the light on .
[JJWPSUNK]
By the time the light was on , where was the man that had been in the bed ?
[PS48C]
He was still in the bed with his hands up .
[JJWPSUNK]
When you got the light on what did you do or say ?
[PS48C]
The exact words , er I ca n't recall but er I talked the man out of the bed , still with his hands up and he took a few steps away from the bed .
[JJWPSUNK]
Pause there . Did the man have any pyjamas on ?
[PS48C]
No he did n't no .
[JJWPSUNK]
Did he have anything on ?
[PS48C]
No he did n't .
[JJWPSUNK]
As you [UNCLEAR] your way talked him out of the bed , did he talk to you ?
[PS48C]
He did , but exactly what was said I I ca n't recall I I was just concerned at that time to er to get the man safely down onto the floor and secure him .
[JJWPSUNK]
W w were you concerned to secure the lady in the bed ?
[PS48C]
No .
[JJWPSUNK]
So he got away from the bed , he had his hands up . What did you say to him then , you were talking him down ?
[PS48C]
Yes , er he took a couple of steps away from the bed , er then I told him to lower himself down onto his knees and then eventually lower himself down onto his chest , down onto his front .
[JJWPSUNK]
Pause there a minute . At that stage in the operation . In addition to yourself , how many other officers were in the room ?
[PS48C]
Just myself and P C [ANONYMIZATION] .
[JJWPSUNK]
Had the others still not not come into the room ?
[PS48C]
No .
[JJWPSUNK]
Are you [UNCLEAR] about that ?
[PS48C]
Absolutely no doubt , that that was n't part of the plan . It did n't happen because there was no need for anybody to come into the room .
[JJWPSUNK]
What did you then do ?
[PS48C]
Er , once the , the man was down on the floor er he placed his hands into the small of his back . I told him that I was going to come forward er and handcuff him and then , then something along the lines of er not to move er and then once he was down on the floor , erm I holstered the weapon into my own holster . Can I just say that 's something that we do n't normally do . We would normally prefer to put er the individuals officers firearms ho ? id
[JJWPSUNK]
You do n't want him to grab your gun ?
[PS48C]
No but on this occasion we did n't have a spare holster to put the weapon into .
[JJWPSUNK]
You 'd better explain why that is .
[PS48C]
That was because P C [ANONYMIZATION] firearm , his revolver was still in the holster because he was carrying the shield and it was only as er I started to move forward that P C [ANONYMIZATION] er came up to the the doorway to cover me whilst I went forward .
[JJWPSUNK]
Did you call P C [ANONYMIZATION] ?
[PS48C]
Yes , yes I did .
[JJWPSUNK]
He came to cover you and what weapon was he carrying ?
[PS48C]
Er , he was carrying a shotgun and his revolver was in the holster , hence there there was no spare holster .
[JJWPSUNK]
You holstered your gun and then what did you do ?
[PS48C]
I then went forward to the man on the floor er , handcuffed him and stepped back .
[JJWPSUNK]
Did he say anything to you as you went up to him ?
[PS48C]
He did but once again I I ca n't recall exactly what was said .
[JJWPSUNK]
Did you say anything to him ?
[PS48C]
Er yes , erm I told him to calm down because he was quite excitable and to just stay there and somebody would explain what it was all about .
[JJWPSUNK]
Did you [UNCLEAR] arrest [ANONYMIZATION] ?
[PS48C]
I did yes .
[JJWPSUNK]
Did you tell him you were arresting him ?
[PS48C]
Yes I did , yes .
[JJWPSUNK]
When did you arrest him ?
[PS48C]
In the meantime , as I recall , er I I asked him who he was and I asked his wife who he was because he had asked what we were doing in his house and when he said his house , I thought then for the first time that perhaps this was n't [ANONYMIZATION] who er we had on the floor . But I have to say that at that time I still did n't know , I had a good idea , that it was n't the man we were looking for but therefore he was still arrested and he was arrested on sus well for harbouring an escapee .
[JJWPSUNK]
I i if you can remember , can you tell us the words you used throughout the [UNCLEAR] or the gist of the words ?
[PS48C]
The gist of the words were , you 're under arrest for harbouring an escapee and he replied along the lines of you 've got ta be joking mate .
[JJWPSUNK]
Was he still naked ?
[PS48C]
Yes whether he was naked at the time of the arrest or or just er , what , what I 'm getting at is er that I put some trousers on Mr [ANONYMIZATION] .
[JJWPSUNK]
Was that after you took the handcuffs on or before ?
[PS48C]
Yes after the handcuffs were put on , yes .
[JJWPSUNK]
And again [UNCLEAR] why did you put trousers on him ?
[PS48C]
Well , Mr [ANONYMIZATION] er er Mr [ANONYMIZATION] er wife was in the room , there was a child in the room , erm which at the time I did n't even realise there were two children but er there was one child in the room and er really for decency more than anything . There seemed little point in er a wife and a child sitting looking at their husband/father er with no clothes on . I mean it 's .
[JJWPSUNK]
Did you have to assist to get his trouser on ?
[PS48C]
Yes , that 's right yes . He still stayed on the floor , he was still handcuffed . But er we found a pair of jeans er and having made sure that the jeans were empty of anything , er we sort of shuffled himself into the jeans a he lay down and we pulled , I I pulled the jeans up .
[JJWPSUNK]
By the time you had arrested him or put his trousers on . How many people were in the room ?
[PS48C]
There would still have been er P C [ANONYMIZATION] with the shield and P C [ANONYMIZATION] with the shotgun .
[JJWPSUNK]
Giving you cover ?
[PS48C]
That 's right yes .
[JJWPSUNK]
Did you point the gun or shove a gun into the back of Mr [ANONYMIZATION] head ?
[PS48C]
No , definitely no .
[JJWPSUNK]
W why are you so certain ?
[PS48C]
Because the only time I approached the the man was when my revolver was the holster and the holster was done up .
[JJWPSUNK]
As a matter of police practice , firearms practice what would you say about a police officer who stuck the gun at any [UNCLEAR] at the back of someone 's neck ?
[PS48C]
Well it 's against all training that we receive , there is no need for it it is just something that we would not do . Not only because of the risk and the safety factor er of the gun going off , because of er a movement by that person on the floor , but so there 's no getting around it that , should a firearm be discharged against a solid object in as much as er the barrel is right up against an individual , and the trigger is pulled . There 's a very , very good chance that the person using a firearm will , will suffer injury because the barrel could well explode . So that 's something that we we 're all aware of .
[JJWPSUNK]
Did you see P C [ANONYMIZATION] shove a gun into the back of Mr [ANONYMIZATION] head ?
[PS48C]
No I did not , no .
[JJWPSUNK]
Did you see P C [ANONYMIZATION] do that ?
[PS48C]
No certainly not .
[JJWPSUNK]
After you had arrested him and got his trousers on what did you do ?
[PS48C]
I then had a responsibility as the team leader to ensure that the rest of the house was secure and that none of the other units were having any problems . I had n't heard any shouting so therefore I did n't believe that anybody else was having any problems .
[JJWPSUNK]
Did you go anywhere ?
[PS48C]
I started to walk a way out of the main bedroom and I heard P C [ANONYMIZATION] say words to the effect of get down and I turned round to see what was going on and the man was trying to roll over to get up or that 's what I thought , erm not kicking or or fighting or anything but just to me it looked as though he was going to get up and I went back and with my hands just pushed down onto him and said stay there , it will all be explained er and then walked away .
[JJWPSUNK]
Did you then leave that room ?
[PS48C]
Sorry .
[JJWPSUNK]
Did you leave the room ?
[PS48C]
I did indeed yes .
[JJWPSUNK]
And who did you leave in the room ? [UNCLEAR] which officers did you leave in ?
[PS48C]
Er P C [ANONYMIZATION] and P C [ANONYMIZATION] .
[JJWPSUNK]
And where did you go ?
[PS48C]
Er , I then went back er back down the passageway er into the lounge , checked the kitchen checked that the rest of the firearms officers were were okay .
[PS489]
Now when you went in you were carrying out a plan with you very close behind [ANONYMIZATION] going down to the bedroom .
[PS48C]
Yes my Lord yes .
[PS489]
Er , what [UNCLEAR] was the plan about the others for all you knew [ANONYMIZATION] who you believed was there , might have been somewhere else in the flat .
[PS48C]
Yes my Lord er as soon as we went to the main bedroom which was the back bedroom at the same time as as that bedroom door opened , so the second team consisting of er P C [ANONYMIZATION] P C [ANONYMIZATION] would have gone into the second smaller bedroom and at the same time as we went in er P C [ANONYMIZATION] and P C [ANONYMIZATION] job er was to cover our backs in case of anybody in er the kitchen or the living area , the living room area .
[JJWPSUNK]
And after leaving the main bedroom did you learn that the rest of the flat was secured [UNCLEAR] ?
[PS48C]
Yes I did , yes .
[JJWPSUNK]
By secure what do you mean ?
[PS48C]
I mean that er all possibly threats had been secured by use of handcuffs and that there was no likelihood of anybody hiding er in the premises or certainly nobody in the premises with a firearm .
[JJWPSUNK]
And when you arrived at that conclusion , what did you do [UNCLEAR] ?
[PS48C]
I then got straight onto the radio to Sergeant [ANONYMIZATION] and Superintendent [ANONYMIZATION] and informed them that the flat was secure er one person er arrested er and requested C I D and their presence .
[JJWPSUNK]
Now again I [UNCLEAR] but give us [UNCLEAR] as to the length of time that elapsed between flying the door [UNCLEAR] door breaker and you radioing [UNCLEAR] ?
[PS48C]
Very few minutes , perhaps three or four minutes at the absolute outside .
[JJWPSUNK]
Was there anything about the way that you carried out the operation in the flat that caused you dissatisfaction ?
[PS48C]
It was a shame about the er the door opener not working correctly subsequently er I discovered the incident with the the other team going into the other bedroom and er a young girl being in the bed that was missed and erm .
[JJWPSUNK]
Just pause there what do think about that girl being tipped out of the bed ?
[PS48C]
Well , it was something that should n't have happened and it 's very regrettable , without a doubt , very regrettable .
[JJWPSUNK]
Mr [ANONYMIZATION] wait there there 'll be some more questions .
[PS48C]
Of course .
[JJWPSUNK]
Getting back to the briefing if you would Sergeant . There 's a plan , rough plan of the flat .
[PS48C]
That 's correct .
[JJWPSUNK]
And at that briefing who were you given to understand [UNCLEAR] in the flat ?
[PS48C]
I was given to believe that [ANONYMIZATION] would have been in the flat also we thought that st [ANONYMIZATION] was going to be in there possibly a wife and it was n't said whether there were any children . We did n't know whether there were going to be any children .
[JJWPSUNK]
When you say a wife , you mean Mrs [ANONYMIZATION] there was n't any suggestion that Lawrence [ANONYMIZATION] had taken his own wife ?
[PS48C]
No , no not at all .
[JJWPSUNK]
You had a plan of the flat .
[PS48C]
Yes .
[JJWPSUNK]
Looking at it there 's one master bedroom .
[PS48C]
That 's correct yes .
[JJWPSUNK]
Who did you expect to be in the master bedroom of the three ?
[PS48C]
There was mention made that we thought , or somebody thought , was in that bedroom .
[JJWPSUNK]
Now what , pray , were the grounds for that .
[PS48C]
I have to say I have no idea .
[JJWPSUNK]
Because you see all that we 've heard is that gentlemen just before [UNCLEAR] Mr [ANONYMIZATION] he listened at the door before [UNCLEAR] but of course the front door is nowhere near the master bedroom . They could n't have come from that . But the best you can say that the jury [UNCLEAR] there was some information that [ANONYMIZATION] be in the master bedroom you do n't know where [UNCLEAR] .
[PS48C]
I 'm sorry I do n't .
[JJWPSUNK]
I have to put it this way but there are n't any alternative . Was there any by chance , any information that Mr [ANONYMIZATION] was n't only sharing his flat with Mr [ANONYMIZATION] but was also sharing his wife with Mr [ANONYMIZATION] ?
[PS48C]
I had n't heard that , no .
[JJWPSUNK]
Right .
[PS48C]
Okay , yeah right .
[JJWPSUNK]
So you can see what [UNCLEAR] you go into the master bedroom there 's a man and a woman in bed , is n't it obvious in a second that it 's not [ANONYMIZATION] that it 's Mr and Mrs [ANONYMIZATION] ?
[PS48C]
At that time no , no I 'm afraid not .