Shooting inquest hears of victim’s record

Published on Friday 21 June 2002 01:00

A CORONER who asked about the previous convictions of an innocent man shot dead by police who mistakenly believed he was armed, was yesterday accused of raising "irrelevant" material and of "blackening" his name.

Tense scenes followed coroner Dr Stephen Chan’s request that details of Harry Stanley’s criminal past be read to the jury at St Pancras Coroner’s Court.

Mr Stanley, 46, a Scottish father-of-three who lived in Hackney, east London, was fatally shot by two police marksmen who were told that the table leg he carried was a sawn-off shotgun.

Tim Owen, a solicitor representing the Stanley family, repeatedly objected to Dr Chan’s line of questioning and said that his previous convictions had no relevance to the manner of his death.

In a series of heated exchanges, Dr Chan ordered Mr Owen to "sit down" as he tried to object.

Detective Chief Inspector Brian Boxall, who headed the Police Complaints Authority inquiry into the 1999 killing, said that Mr Stanley spent four years in prison for grievous bodily harm with intent in December 1993.

The jury, of three men and seven women, was also told that Mr Stanley had several spent convictions for robbery and possession of drugs and one in 1974 for armed robbery.

When Dr Chan asked if a shotgun had been used in the 1974 robbery Mr Owen said: "There is absolutely no relevance in this whatsoever."

Dr Chan continued his line of inquiry while Mr Owen repeatedly questioned it. He said: "What is the relevance of giving this information? How will this help the jury to make the decision it has to decide?"

At one point Mr Owen told Dr Chan: "There are guidelines and procedures concerning the relevance of spent convictions. The normal rules are for us to make submissions to you away from the jury and then for you to consider and make your ruling."

Dr Chan replied: "I have noted your objections in writing, now please sit down."

Mr Boxall told the jury that the Crown Prosecution Service had considered bringing criminal charges against Inspector Neil Sharman and PC Kevin Fagan, both specialist Metropolitan Police firearms officers, who had fired upon Mr Stanley. He said: "The Crown Prosecution Service had considered murder, attempted murder, grievous bodily harm with intent and manslaughter through gross negligence.

"Then on 10 December 2001 they concluded there was insufficient evidence to bring criminal proceedings against either officer."

Outside court, Mr Stanley’s widow, Irene, said: "It’s bad enough that Harry, an innocent man, was shot by police, but then to blacken his name after he is dead is unforgivable."

Earlier, one of the two officers who shot Mr Stanley told the jury he opened fire because he feared he was about to be "killed by a man with a sawn-off shotgun".

PC Kevin Fagan, of the Scotland Yard SO19 Fire Arms Unit, who drove the police armed response car, described how Mr Stanley, turned and began raising the table leg wrapped in a plastic bag.

PC Fagan said he had shouted "armed police" before firing when Mr Stanley turned around in a "deliberate, fluid movement".

He said: "He was clutching what I thought was a sawn-off shotgun with both hands. I thought I was about to be killed by someone holding a sawn-off shotgun." At that point both officers instinctively came to the decision to fire.

They each fired one shot and Mr Stanley died instantly. One bullet went through his head and another through his hand.

The inquest had heard that Mr Stanley, who had just been released from hospital after undergoing treatment for colon cancer, had difficulty walking, bending down and raising his arms.

The hearing continues.