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Re: The Mark Duggan Case?

Posted: Sun Jan 19, 2014 11:03 am
by i'm spartacus
I was going to use some quotes from the various threads mainly from cp who has got a bee in his bonnet over this issue, but I decided that it would make the whole thing too long. I will respond to some of the points raised though as I feel they need some. Although I will point out that I do share some of the concerns he has over the police actions, particularly the Met's actions

The first one was a point raised by exiled in reference to his service in NI which cp said was 'partly irrelevant to this debate'. The British Army in NI was deployed in a different role than what is considered a strictly military role; it was in fact classed as more of a police supporting role, and in this instance it does have more relevance, although it is true to say that firearms are/were routinely carried by the RUC and are/were generally more prevalent than we would expect here.

In our system, juries fulfil a crucial role as assessors of the evidence presented by the both parties to legal proceedings, and consequently act as finders of fact. Historically, the reasons behind this are that they act independently of the professional legal system, including, where necessary judges and kings. That is precisely why the right to trial by a jury of one's peers is a key component of the Magna Carta. One example of the power of the jury was the case brought against Clive Ponting for breaching the Official Secrets Act in 1985. He did what he was accused of and the judge directed the jury to convict him of the offence, yet despite this, the jury weighed what they believed to be the 'right thing to do', and acquitted him. The decision of the jury is what they believe after they weigh all the evidence presented; they have no reason to bend to the will of anyone, and what they say is final.
cpwigan wrote: The inquest heard from only one civilian witness to the shooting itself and he gave a very different account.
I have not read any sort of transcript, but it is highly likely that the only reason this witness gave evidence is because he was called by Duggan family because his or her evidence suited there contention that Duggan was executed. The inquest though had access to a plethora of evidence that had been previously gathered, and according to reports, this witness did not come across as credible.

From the inquest review which mentions evidence already found to be factual.

First, the review draws on statements from people who claim to have witnessed some part of the circumstances surrounding the shooting of Mark Duggan. This includes statements from people who claim to have been onlookers, provided to the national press or in the trial and retrial of Kevin Hutchinson-Foster. Kevin Hutchinson-Foster was tried in September 2012 and then in January 2013 for supplying Mark Duggan with a gun fifteen minutes before Duggan was shot dead. The review also draws on statements from people who claim to have been directly involved in the apprehension and shooting of Duggan, provided in the trial and retrial of Kevin Huthcinson-Foster and to a London Metropolitan Police review of events leading up to the August 2011 London riots, published in February 2012. People who claim to have been directly involved include armed police officers, an armed police officer who claimed to have shot two bullets into Duggan and a taxi driver in whose vehicle Duggan was travelling shortly before he was shot. Of those who provided witness statements some were named. Others were provided with false names or monikers or not named at all, presumably to protect their anonymity.

Re: The Mark Duggan Case?

Posted: Sun Jan 19, 2014 10:06 pm
by El Bobbers
cpwigan wrote:Do you think criminals love their children any less than non criminals Bobbers?
I didn't question their love for their children, I do question the premise that Duggan did what he did for the benefit of his children. He was a known gang member and his own family have accepted he was 'no angel' he will have been in a gang long before he had children.
cpwigan wrote:You have no idea is Duggan was going to shoot somebody if he had a gun. We are dealing with conjecture not fact. Has Duggan shot any / many people in his life? If a criminal shoots anybody DEAD then that has HUGE implications for the family / children of the deceased and the murderer unless you are a police officer.
The question asked of the Jury is

(From http://www.theguardian.com/uk-news/inte ... -full-text)
Did V53 honestly believe or may he honestly have believed, even if thatbelief is mistaken, that at the time he fired the fatal shot, that he needed to use force to defend himself or another; if your answer is NO then he cannot have been acting in lawful self defence and you can put that issue to one side; if your answer is YES then go on to consider:
And
Was the force used - the fatal shot - reasonable in all the circumstances? Obviously if someone is under attack from someone he genuinely believes is violent and armed - then that person cannot be expected to weigh up precisely the amount of force needed to prevent that attack. But if he goes over top and acts out of proportion to the threat then he would not be using reasonable force
and his action would be unlawful.

The question whether the degree of force used by V53 was reasonable in the circumstances is to be decided by reference to the circumstances as V53 believed them to be - but the degree of force is not to be regarded as reasonable in the circumstances as V53 believed them to be if it was disproportionate in those circumstances.
Any suggestion that the police planted the gun or colluded to make up a story is no more a fact than what is asked above.

Having said this the handling of the incident thereafter by both the police and the IPCC leaves a lot to be desired.

Re: The Mark Duggan Case?

Posted: Mon Jan 20, 2014 8:21 am
by Owd Codger
cpwigan wrote:It is called debate WW :idea:
Some would say its more like clutching at straws!

Re: The Mark Duggan Case?

Posted: Mon Jan 20, 2014 4:40 pm
by cpwigan
Whelley Warrior wrote:
cpwigan wrote:It is called debate WW :idea:
Some would say its more like clutching at straws!
Far from it. In many respects the shooting of Duggan is but a small part of a far bigger and ultimately fundamental debate.

One small but significant change resulting from the Duggan case is that the IPC are already promising to change allowing police officers to prepare their statements whilst together and unsupervised. IMO that is hugely positive just a shame re the circumstances required to highlight the absurdity of a process.

ULTIMATELY, nobody should be 'above the law'

BTW Hopefully you noticed how a healthy, cordial, well reasoned debate can ensue between several members of this forum irrespective of what view they hold and whether they agree / disagree with the posts made by others. VERY HEALTHY & MATURE IMO.

Re: The Mark Duggan Case?

Posted: Mon Jan 20, 2014 8:34 pm
by jobo
For anyone who can tear themselves away from Corry and Hayley's demise, BBC are showing a programme about the Duggan case.

It's a bit scary

Re: The Mark Duggan Case?

Posted: Mon Jan 20, 2014 10:49 pm
by Kittwazzer
jobo wrote:For anyone who can tear themselves away from Corry and Hayley's demise, BBC are showing a programme about the Duggan case.

It's a bit scary
Sorry. Roy and Hayley took priority tonight!

Re: The Mark Duggan Case?

Posted: Tue Jan 21, 2014 11:33 am
by Sutty
jobo wrote:For anyone who can tear themselves away from Corry and Hayley's demise, BBC are showing a programme about the Duggan case.

It's a bit scary
I'll have to look for that on iPlayer, sounds quite interesting

Re: The Mark Duggan Case?

Posted: Tue Jan 21, 2014 1:58 pm
by i'm spartacus
Just watched that on iplayer. The Police certainly have some questions to answer over some of their actions with some suspects, yet I still think there actions here were justifiable.

The first consideration for the police would be to protect the members of the public, second, the protection of themselves, and thirdly the safety of the suspect. There was no doubt that Duggan had been given a weapon a short time before he was shot; however, after listening to weeks of evidence, only eight out of ten of the jury could be convinced that he didn't have the gun in his hand when he was shot. Put yourself in the position of the police officers, who had only seconds to decide whether he was a credible threat or not, and I would say that in this instance, they would be justified in their actions. Anyone who criminally and willingly carries a firearm with the intent to use it on another member of the public could risk paying the ultimate price for it, and Duggan unfortunately did just that.

That being said, that doesn't mean that Police should be given a free ride over everything. Each case has to be taken on it's merits, and in some instances that were highlighted in the programme, the police were over enthusiastic and/or took the wrong option in firing on suspects