Death of Anthony Grainger

Anthony Grainger was shot and killed by an armed Greater Manchester Police officer in Culcheth, Cheshire on 3 March 2012. At the time, Grainger was unarmed. In January 2014 the Crown Prosecution Service announced that they would be prosecuting Chief Constable Peter Fahy under health and safety legislation over the shooting,[1][2] and a full public inquiry into Grainger's death was announced in early 2016.[3]

Background

In September 2011, Grainger had been arrested and questioned regarding the suspected theft from a police officer of a memory stick containing unencrypted details of 1,075 police informants. Grainger was formally cleared in early January 2012 after police found no evidence connecting him to the memory stick.[4] Despite this, several days after officially clearing him of suspicion, Greater Manchester Police launched Operation Shire, a covert surveillance operation monitoring Grainger and two associates.[5]

Death

Grainger was shot in the chest whilst sat in a stolen Audi with two other occupants. An armed policeman fired a single shot from a Heckler & Koch MP5 semi-automatic carbine. The bullet went through the windscreen, and entered Grainger's heart and both his lungs.[6]

The other two occupants, along with a third person, were tried and cleared of plotting a robbery.[7]

Investigation

An inquest into the death was opened by Nicholas Rheinberg at Warrington Coroner's Court on 5 March 2012. The inquest was adjourned until an IPCC investigation was completed.[8] The IPCC finished its investigation in July 2013, finding that the intelligence gathering under Operation Shire had been 'flawed', criticising the management of the armed police team sent in to apprehend Grainger, and concluding that the officer responsible for shooting Grainger 'may have a case to answer for regarding possible manslaughter'.[9] These results were forwarded to the Crown Prosecution Service, who have the authority to decide whether or not to pursue a case, and the coroner. Jonathan Bridge, solicitor for Grainger's family, complained that the investigation had been leaked, without being shown to the family.[10]

The CPS decided that the armed policeman who fired the shot would not be prosecuted. They decided that it would be unlikely a jury would find him guilty due to perceived threat.[11] A CPS spokesman alleged that Greater Manchester Police failed to prepare properly for the operation, which left people at risk. Chief Constable Peter Fahy was charged under Health and Safety at Work Act as he was the corporation sole for Greater Manchester Police. The police force faced an unlimited fine if found guilty.[1][2][11]

However, in January 2015, William Boyce QC, at Liverpool Crown Court accepted an 'abuse of process' argument from the defence,[12] who had argued that evidence which needed to be disclosed in open court in order for the defendant (Fahy) to have a fair trial would not be in the public interest and it would prejudice future Greater Manchester Police operations.

The CPS had no choice but to accept the judge's decision and drop the case against the Greater Manchester Police.[13]

Public inquiry

In March 2016, then-Home Secretary Theresa May announced that the inquest into Grainger's death would be converted into a statutory public inquiry with greater investigative and legal powers.[3] The public inquiry, officially opening in January 2017 with a preliminary hearing in November 2016, is to be led by Judge Teague, who was appointed coroner of the original inquest. The conversion from inquest to inquiry will enable all relevant evidence, including confidential police documents previously deemed too sensitive, to be considered.[14]

See also

References

  1. 1 2 "Greater Manchester Police chief faces shooting charges". BBC News. 16 January 2014. Retrieved 16 January 2014.
  2. 1 2 Evans, Martin (16 January 2014). "Chief Constable faces health and safety charge over fatal shooting". The Telegraph. Retrieved 16 January 2014.
  3. 1 2 "Public inquiry ordered into police killing of Anthony Grainger". The Guardian. 17 March 2016. Retrieved 28 July 2016.
  4. ↑ "The memory stick killing: When police lost a data card with names of 1,000 informants, they questioned this father - then cleared him. Two months later, they shot him dead". The Daily Mail. 27 April 2013. Retrieved 28 July 2016.
  5. ↑ "Public inquiry announced into fatal shooting in Culcheth by Greater Manchester Police". Warrington Guardian. 17 March 2016. Retrieved 28 July 2016.
  6. ↑ Keeling, Neal (24 October 2013). "Anthony Grainger shooting: Watchdog slams police over killing of unarmed Salford dad". Manchester Evening News. Retrieved 16 January 2014.
  7. ↑ "Three cleared over robbery plot". ITV. 22 September 2012. Retrieved 16 January 2014.
  8. ↑ Keaven, Paul (5 March 2012). "Police shooting death inquest opens". Retrieved 16 January 2014.
  9. ↑ "Anthony Grainger - Greater Manchester Police". Independent Police Complaints Commission. Retrieved 16 January 2014.
  10. ↑ Newey, Miranda (24 October 2013). "Solicitor's anger at police after confidential Anthony Grainger shooting report is 'leaked'". The Bolton News. Retrieved 16 January 2014.
  11. 1 2 Withnall, Adam (16 January 2014). "Great Manchester Police chief Sir Peter Fahy to face charges over Anthony Grainger shooting". The Independent. Retrieved 16 January 2014.
  12. ↑ "CPS: Unable to reveal material for 'public interest' reasons". ITV. 16 January 2015. Retrieved 28 July 2016.
  13. ↑ "Police accused of acting 'above the law' after fatal shooting case against chief constable collapses because his force won't allow evidence to be heard in open court". The Daily Mail. 17 January 2015. Retrieved 28 July 2016.
  14. ↑ "Anthony Grainger death: inquiry into police shooting of Bolton dad to hear evidence from January". The Bolton News. 27 July 2016. Retrieved 28 July 2016.
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