Marksmen 'can only fire on identification', de Menezes inquiry hears

Mr de Menezes was killed by specialist firearms officers who mistook him for failed suicide bomber Hussain Osman after boarding a train at Stockwell Tube station in London on July 22, 2005.

Undercover officers followed the 27-year-old Brazilian as he travelled to work but never confirmed he was the terrorist, the inquest has heard.

Coroner Michael Wright told the jury on Monday: "It does appear that by the time Mr de Menezes had actually entered the Underground system at Stockwell station, no member of the surveillance team had positively identified him as Osman.

"But at New Scotland Yard there does appear to have been a perception that Mr de Menezes had been positively identified as Osman."

Mr McDowall, head of the Metropolitan Police's counter-terrorism command, was in charge of the hunt for Osman and the other men who targeted London's transport network on July 21, 2005.

He was questioned today about the level of identification he would expect to be established before firearms officers used their weapons.

Wright asked him: "You are not suggesting that at any time you would contemplate an armed officer taking a critical shot on the basis of a less than positive identification?"

The senior policeman replied: "No, that's correct sir."

Mr McDowall told the inquest it would be for police officers involved in an armed operation to judge whether the information they had justified using guns.

David Perry QC, representing Mr McDowall and fellow senior officer Deputy Assistant Commissioner Cressida Dick, asked him about "the degree of identification" needed before an "armed intervention" would be authorised.

The barrister put it to him: "If you think someone is going into a transport system and that they are going to cause hundreds of casualties, you may have to make a judgment balancing the risks?"

Mr McDowall replied: "Yes, it's a judgment about whether what you have is sufficient to mount that operation or not."

Police fears that chemical or biological weapons might have been used in the July 21 attacks were also outlined on the fifth day of the inquest.

Senior officers discussed concerns about how the wanted men would react if cornered - and that they might have access to more explosives in a "bomb factory", the hearing was told.

Mr McDowall said that having failed suicide bombers on the run was a "unique circumstance".

He recalled that evidence of a pepper-like substance at the scenes of the four attempted attacks suggested a link to the bombings which killed 52 innocent people in London a fortnight earlier.

"My recollection is that that would have had a resonance with the devices that were constructed for July 7," he said.

He added: "The chemical and biological threat, which of course is everyone's worst nightmare, has emerged at some point here as well."

Early on the morning of July 22, 2005 there was a discussion about how a failed suicide bomber might react to police, the inquest heard.

Mr Perry asked: "Can you recall saying something to Cressida Dick along the lines that it was possible that the suicide bombers would want to continue their mission and, if so, they would have to have access to more explosives?

"So the concern that there was a bomb factory somewhere."

Mr McDowall replied: "Yes, I do recall that."

The anti-terror police chief revealed that he got just two hours' sleep on the night of July 21 to 22 - and only went home once over a month-long period.

Mr Perry asked him: "Are you still happily married?"

Mr McDowall, who gave evidence via video link because he is suffering from a serious illness, replied: "Just about, sir, although, sadly, I don't have my health - I don't know whether that has got anything to do with it."

The inquest into the shooting of Mr de Menezes, an innocent Brazilian electrician living in London at the time of his death, is expected to last 12 weeks.

The inquest also heard from Chief Superintendent Tim White, the senior officer who authorised the use of firearms after the July 21 bombings.

Michael Mansfield QC, for the Menezes family, asked him about a meeting of senior officers at New Scotland Yard at 6.50am on July 22, 2005.

He alleged they were not told that firearms teams had not been sent to an address linked to Osman in Scotia Road, Tulse Hill, south London - in the block of flats where Mr de Menezes was living - despite Mr McDowall ordering before 5am that this should happen.

Firearms officers' failure to head off the Brazilian before he entered Stockwell station is expected to be one of the key issues examined at the inquest.

Referring to the 6.50am meeting, Mr Mansfield said: "These are really the creme de la creme. They are all here in the one room, they need to know whether in fact the strategy was being carried out, wouldn't they?"

Mr White answered: "Obviously people know what roles and responsibilities they have, but there would be a lot of other issues around policing London also being discussed."

Mr Mansfield also alleged that Metropolitan Police officers had skimped on documenting their actions.

He said: "One of the problems in this operation is that records are particularly scant, aren't they?"

Mr White replied: "Actually that's an opinion. I feel that a lot of documentation was created.

"There was a huge amount of activity, Mr Mansfield - I said to you earlier today that it is not possible in this environment to recreate the operational atmosphere in London during July 2005.

"I believe records were kept at every opportunity that people were able to do it."

A senior Scotland Yard firearms tactical adviser, identified only as Andrew, said he would have sent a team of specialist CO19 firearms officers to the Tulse Hill address at 5am on July 22 if he had known they were required.

He told the inquest: "In the context of what had happened on the 21st and the fact that I had a team available, then I would not have had any hesitation in deploying them...

"It would not leave the Metropolitan Police Service with a specialist firearms team if they were deployed. but I think at this time this was the single most important thing in the Metropolitan Police to be resolved."

However, asked about how Mr McDowall's strategy was being implemented between 5am and 6.40am on July 22, Andrew said: "I don't believe there was a requirement for a firearms team to deploy to Scotia Road."

Jonathan Hough, counsel to the inquest, also told the jury that a sensitive police document drawn up late on July 21 referred to "rethinking conventional tactics" when it came to tackling the failed suicide bombers.

The inquest was adjourned until Monday.