It's an inquest in a Coroner's court rather than a criminal court, and Coroners are the most potent court officials in the UK when it comes to having the power to direct their juries. They have a particularly distinct position, with much more discretion than other courts' judges in this regard.
The inquest is for determining cause of death; no-one is in the dock or at risk of being convicted of an offence. Even if the jury could and did return a verdict of unlawful killing, the case for unlawful killing against the MPS would then bounce back to the criminal courts, not result in sentencing there and then.
The criminal court trial of the MPS for the shooting of Jean Charles De Menezes was in 2007, and that jury was not directed. Of course, the charge was only regarding Health and Safety legislation, but the decision about the charges to bring was, and always is, the discretion of the Crown Prosecution Service...
Really i thought as the family took the accused to court on manslaughter charges, traditionally the coroner provides evidence to the court and the Jury decides guilt with regards charges?
This isn't a private prosecution; that would also be in the criminal court. This is the inquest, so it's the Coroner's fact-finding mission into the cause of death. And the Coroner has a lot of say in his own court.
The family could still try a private prosecution for manslaughter after this. However, by ruling out unlawful killing, the view of the Coroner would now become very damaging to any criminal case that the family's solicitor could present in the future.
Perhaps the family were waiting to see which way the Coroner would go before bringing private action, to see whether his view would assist them. Thus, this development is something of a blow to the De Menezes family's future legal prospects.
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The inquest is for determining cause of death; no-one is in the dock or at risk of being convicted of an offence. Even if the jury could and did return a verdict of unlawful killing, the case for unlawful killing against the MPS would then bounce back to the criminal courts, not result in sentencing there and then.
The criminal court trial of the MPS for the shooting of Jean Charles De Menezes was in 2007, and that jury was not directed. Of course, the charge was only regarding Health and Safety legislation, but the decision about the charges to bring was, and always is, the discretion of the Crown Prosecution Service...
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The family could still try a private prosecution for manslaughter after this. However, by ruling out unlawful killing, the view of the Coroner would now become very damaging to any criminal case that the family's solicitor could present in the future.
Perhaps the family were waiting to see which way the Coroner would go before bringing private action, to see whether his view would assist them. Thus, this development is something of a blow to the De Menezes family's future legal prospects.
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