Thursday, March 05, 2009 

Remembering the case of James Ashley.

Everyone, sadly, knows the name Jean Charles de Menezes. Probably not enough know the name Harry Stanley. Even less probably know about, or considering the length of time since his shooting, remember the name of James Ashley, his family formally apologised to today. His case however shows just how little the police learnt from the tragedy which befell him.

Ashley, it must be said, had at best both an unpleasant past and some unsavoury friends. He had served 2 years for manslaughter and had been involved in a stabbing in the pub, although it subsequently turned out that he had pulled the perpetrator off the victim.

Police intelligence was that there was a large amount of drugs in the house, and that it was highly likely that Ashley would be armed and dangerous. On the 22nd of July 2005, the armed officers that were to shoot de Menezes were told in their briefing that they were likely to encounter individuals that were "deadly and determined" and "up for it", despite the fact that all the failed bombers were on the run and had no further explosives to fall back on. Similarly, the intelligence turned out to be completely wrong in the case of the Kamal family, and while we have never subsequently learned definitively exactly what it was they expected to find in their house in Forest Gate (suggestions included that it was some sort of "dirty" device, or an explosive with some sort of chemical substance), allegations have also been made that the intelligence came from a highly dubious source.

The raid itself occurred in the early hours of the morning, as it did in Forest Gate. This is standard police procedure, as between 4 and 6am is when those targeted are felt most likely to be at home. This approach has the downside that unless the police make clear who they are, and this itself has the downside that it makes those inside attempt to flee before the police have succeeded in breaking in, that the occupants often fall under the impression that they're being burgled. This was what James Ashley thought, as did the brothers in Forest Gate. The other obvious thing about conducting raids in the early morning is the problem of the light: this was crucial in both the raid in Forest Gate and in the one which led to Ashley's death. In Forest Gate, Abdulkahar came pounding down the stairs as the police were coming up them; the officer, with only the light from his weapon for guidance, thought that someone was pulling at his arm and probably due to the bulkiness of the chemical suit he was wearing, ended up discharging his weapon, something that ought to have been foreseen (PDF). In the tragic case of Ashley, the officers had been disoriented by the plan of the house, knocking into an ironing board and also coming across an unexpected communal door. Fatefully, when an officer entered James' bedroom, again in the dark, he thought that James, having been woken and in a daze staggering towards the door, was about to attack him and so fired his weapon, killing him.

James had been in bed and was naked when he was shot. He had no weapon to hand, and only an airgun was found in the subsequent search. Also found was a small quantity of cannabis. He was found not to have links to the drug ring he had been suspected of belonging to. It was, to quote what an officer said to the Guardian in regards to the shooting of de Menezes, "a complete and utter fuck-up."

If this was as far as the fuck-up went, it might not have been so bad. Yet just as in the examples of the Forest Gate raid and the Stockwell shooting, the police either gave information which turned out to be wrong to the media or at worst actively conducted smear operations against those shot. Paul Whitehouse, the then chief constable of Sussex police, conducted a press conference in which he claimed that Ashley was wanted for attempted murder, that the raid was professionally planned and that the use of firearms was proportionate. A subsequent report conducted by Sir John Hoddinott under the auspices of the Police Complaints Authority, the forerunner to the Independent Police Complaints Commission, which has never been published, found that Whitehouse had "wilfully failed to tell the truth as he knew it; he did so without reasonable excuse or justification and what he published and said was misleading and therefore likely to injure the public interest." Whitehouse resigned after the then home secretary David Blunkett suggested that he ought to be sacked to restore public confidence in the force. Perhaps the best that can be said for Whitehouse is that at least he made an active decision to lie about what had happened, having been fully informed of the raid; Sir Ian Blair, on the other hand, did not know that an innocent man had been shot on the 22nd of July until the following morning, when apparently even his secretary knew that was likely to be the case. Menezes was besmirched in any case, alleged to be here illegally when he was not, acting strangely when he had not been, wearing a "bulky jacket" despite it being a warm day, when he had in fact been wearing a light denim jacket, and that he had jumped the barriers at the Stockwell station, when in actuality the police running to catch up with him, having arrived late, were the ones who leaped over them, being confused with de Menezes.

Much the same thing happened to the Forest Gate brothers, with the Murdoch press leading the way and eventually having to apologise for their coverage. The Times and the Sun said they had criminal convictions when they did not, the Sun claimed that the large amount of money found in the house had not been explained, when in fact the police had been told repeatedly that they were keeping it there as it's haram (forbidden) in Islam to use bank accounts which accrue interest, then alleged that the brothers had spat at and insulted soldiers outside the brothers, also completely untrue. Finally, the big gun was brought out: the police leaked to the News of the World that child pornography had been found on a computer and mobile phone seized in the raid on the house. It turned out that this material had been on both devices since before they had been bought, second-hand by the family.

If lessons were meant to have been learned from the shooting of Mr Ashley, then they quite obviously weren't; the opposite seems to be the case. You almost have to wonder if it was or still is common police procedure to cast aspersions on the character of those who are unfortunate to find themselves at the heart of police bungles, knowing full well that once you have planted a seed of doubt in the public's mind, many will still believe it even if it subsequently turns out to be untrue. Right up until the final inquiry into the shooting of de Menezes was released, commenters on newspaper articles were still bringing up his supposed jumping of the barrier and that he wasn't legally here. In almost all the cases the police themselves could have corrected the mistakes, if that's what they were, but chose not to. Whitehouse was eventually held accountable, but no charges were brought over the Forest Gate raid, and while Sir Ian Blair was eventually forced out by Boris Johnson, the prosecution of the Met on health and safety grounds only resulted in a fine that the taxpayer had to be pay, while the coroner at the inquest denied the jury the opportunity to decide whether de Menezes was unlawfully killed, although they did strongly criticise the officers who shot de Menezes over their conflicting stories with that of other witnesses. The hope has to be that the next time an innocent person is shot, as they inevitably will be, that the above does not happen again. That however is all that it is, a hope.

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Wednesday, December 10, 2008 

Direct action and the democratic deficit.

Few described the inclination to riot as superbly as H. L. Mencken. He wrote that "[E]very normal man must be tempted at times to spit on his hands, hoist the black flag, and start slitting throats." Somewhat thankfully, even when riots break out, few often spit on their hands; slitting throats though...

The past few days have shown both the benefits and pitfalls of direct political action. Whatever your views on climate change, I defy anyone not to admire the chutzpah of those that succeeded in breaching Stansted airport security and shutting down the runway for three hours by barricading themselves together, then phoning the media. It's often difficult to know where to draw the line with such disruptive protests, knowing that you're always going to piss some people off regardless. The question is whether you piss off those that would otherwise be receptive to your cause, and while making the odd individual potentially miss a funeral or leaving foreign teenagers stranded without any idea how they're going to get home is not necessarily going to help matters, the occasional action where the only real downside is some having their holidays delayed by a few hours is probably worth it. Again, whatever you think about Fathers 4 Justice and their immature headline-grabbing stunts, there's no doubting that they drastically increased the perception of fathers being failed by a system which was biased in favour of the mother. Blocking a road by lying down in it and chaining yourself to others just annoys; blocking a runway, even while middle class, potentially inspires others.

Likewise in Greece, it's hard not to admire the results which at least the initial rioting, since turned into apparent looting and trashing which is far less appealing, brought from an recalcitrant government. The shooting of a 15-year-old boy by a police officer after rocks were thrown at a patrol quickly resulted after an uprising in the officer in question being charged with murder, his companion as accompany to it and the interior minister resigning, but not before saying that "exemplary punishment" would be sought against those responsible. It's all rather different to our own slow-turning cogs of justice: three years after an innocent man had 7 bullets pumped into his head and 3 into his shoulder after he was sadly mistaken for a suicide bomber, the coroner at the inquest decides that it would inappropriate for the jury to be able to consider a verdict of "unlawful killing", despite the previous conviction of the Metropolitan police for breaching health and safety law, the undisputed confusion and chaos which was going in the control room, the complete failure to accurately identify the Jean Charles de Menezes as Hussain Osman, partially due to the police not even having a complete photograph of him, and finally the apparent lies told by the firearms team themselves that they shouted armed police when they entered the tube carriage. That their version of events is at odds with that of the members of the public that witnessed the shooting, is, according to the corner, not necessarily lying in the strictest sense, as the jury should bear "in mind people tell lies for a variety of reasons, not necessarily to put their own part."

While the Jean Charles de Menezes case is an extreme example, when failed suicide bombers were after all on the loose and police officers potentially found themselves in a situation where they may well have thought that they and the others around them were going to die if they didn't act, perhaps the family of de Menezes shouldn't have expected any better if they had considered the case of Harry Stanley, shot dead, allegedly in the back (although the IPCC report decided it was likely he was facing towards the officers when shot), after someone reported that there was an "Irishman with a gun wrapped in a bag" on the loose. The "gun" was a chair leg. Like with the de Menezes case, at the initial inquest the coroner ruled that the jury could not return a verdict of unlawful killing, only for his widow to gain a judicial review which ordered a second inquest, which did return a verdict of unlawful killing. Rather than the people themselves rising up in outrage over an innocent man being shot dead, the firearms officers did instead in favour of their comrades. Subsequently, the officers' suspension was lifted, the verdict of unlawful killing was overturned, and a subsequent IPCC investigation decided the officers should face no further disciplinary action.

The riots in Greece are as much, it seems, about general discontent with the government and life in general as they are about the death of Alexandros Grigoropoulos, capitalised on additionally by anarchist elements which have long been strong in the country. His death though was the straw that broke the camel's back, just as the 2005 and 2007 riots in France, both after the deaths of individuals attempting to escape from the police were the catalyst for violence which reflected anger over dislocation from society as much as that over police brutality. It's impossible to tell whether the reaction to the shooting of Jean Charles de Menezes might have been different if he hadn't been a Brazilian, initially reported, erroneously, to have overstayed his visa, and instead a British citizen, but it seems doubtful. Despite the riots in 2001, there have been few signs that there's a potentially similar conflagration building in this country: whether this is down to docility; a less corrupt police force; higher living standards helped by the unprecedented boom between 1994 and last summer, even though few of the benefits of that have been seen by the poorest; despite the scaremongering, less racism and better integration; or the fact that it seems to really take a lot for us to get into the spirit of Mencken, having not even taken any large role in the protests of 68 which rocked continental Europe, is unclear and absurdly difficult to know for certain.

It is however hard not to be struck by the increasing disconnect between parliament and the more boisterous, radical elements of society. As one of the Plane Stupid protesters said, she was of the Iraq generation, which had learned that a million or two taking to the streets could not stop a war we had absolutely no need whatsoever to take part in. Instead we had a government that with opposition support has still offered no formal inquiry into how we came to be taken to war, other than whitewashes which have either avoided looking at it in full or have obfuscated in their conclusions. Up until this year, and the revolt over 42 days, much the same could be said of the government's approach to civil liberties, and the casual way in which they have been diluted, surveillance has become the norm and we are no longer surprised by local councils that think that spying on newsagents employing paperboys is a good use of their time and resources. Again, perhaps some of this is down to individuals deciding that these things aren't go to apply or affect them; who after all cares if terrorists determined to kill us are locked away indefinitely, or subject to control orders, or held without charge for 90 days? Whatever you think of David Davis, he surely deserves some of the credit for changing perceptions at least over 42 days with his stand, whether the bill was doomed in the Lords or not.

The point is that we shouldn't have to rely on archaic institutions like the Lords to preserve our rights and freedoms. It could not be more ridiculous that such inanities and beyond fuckwitted measures as banning the display of cigarettes in stores, lest anyone be seduced by the shiny packets, messages of doom and now diseased organs which adorn them and decide that taking up smoking is a good idea are proposed and introduced so easily when issues involving censorship, such as the IWF, not to mention the keeping of the fingerprints and DNA profiles of the innocent go undiscussed in the supposed mother of all parliaments. Even when it talks about itself, as it did on Monday over the Damian Green affair, our current government thinks that it's appropriate and necessary to introduce three-line-whips to ensure that it or the police aren't embarrassed by the findings into a raid which was carried out without a warrant. For a government that often preaches the mantra of if you've got nothing to hide you've got nothing to fear, it was a performance of the most shabby variety. They probably thought they could get away it because no one out in the real world apparent from political geeks cares about a Tory MP being arrested, and they're probably right. That Labour backbenchers should agree with that though is just as shocking.

Also on Monday we had the sight of Jack Straw going cap in hand to the Daily Mail, agreeing with the view that the act that he saw the introduction of was right to been seen as a "terrorists' and villains' charter", the same convention which the previous Friday the Mail had been praising after the European Court found that the retention of DNA profiles from the innocent was illegal. We know from Paul Dacre's own speech that the real reason the Mail hates the Human Rights Act is because it potentially threatens the tabloids' business model of exposing sex scandals, not because of how it protects everyone else, but half the reason why we are in the mess we are is because the gutter press has been allowed to get away with the idea that rights are something which only criminals, scroungers and foreigners have and that they're the only ones who benefit. Instead of challenging this, the justice secretary either agrees of partially does. The Conservatives meanwhile, the supposed upholders of our civil rights, disgracefully denigrate the HRA and the ECHR as foreign when we ourselves were the major drafters, instead proposing to introduce a "British" bill of rights, as though the ECHR or HRA are not. Kenneth Clarke denounced this as "xenophobic nonsense", but the same people who spoke up for civil liberties keep this ignorant charade alive. Only Nick Clegg and the Liberal Democrats seem willing to defend the HRA.

The riots in Greece and France occurred not because of police brutality, but because of the desperation of those who saw what had happened and imagined that it could have been them instead. Abandoned by those in power, denied a voice, and only able to articulate themselves through carnage which targeted those in the same boat, our own parliament and politicians are surely in danger of repeating the same mistakes, of not listening and living in their own bubble. Whether it will result in violence in this country is uncertain, but the apathy and cynicism which we already have in spades is only likely to increase until our own sources of injustice and discontent are drained.

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