Inquest report (From The Argus)

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Inquest report

9:24am Monday 13th February 2012 in Your Argus

I was disappointed by the inaccurate and sensationalist reporting in The Argus on Tuesday, February 7.

It is wrong to suggest the inquiry into the death of Mr Fitzpatrick was anything other than independent, impartial and just.

The conclusions made by the jury are based on fact and fact alone, following the scrutiny of evidence and the robust questioning of officers and independent experts.

It is saddening to read the proceedings of the inquest reduced to the inaccurate demographics of the court room.

The age, gender and appearance of a number of officers who were present are irrelevant to whether the proceedings were fair and transparent.

We have fully supported the coroner’s independent inquest and the Independent Police Complaints Commission (IPCC) investigation. It was proven throughout the inquest that the evidence provided by Sussex Police was submitted honestly and without bias.

To use lethal force is one of the most profoundly difficult decisions an officer may face in their career and weighs heavily on these officers’ minds. The independent evidence provided by the IPCC and by the ballistics expert proved unequivocally that the officers had only seconds to act to protect the public and they had taken the only viable option.

The two shots were taken in such quick succession they were deemed to have been one motion.

Sussex Police fully supports scrutiny of its actions and should be held accountable for the decisions we make.

The planning and decision-making made by officers at all levels before and during the operation was highlighted by the IPCC as having been excellent due to the flexibility of the plans and the careful risk assessment. To suggest little consideration was given to the potential risk of a stray bullet is misleading and inaccurate, as shown by the evidence heard at the inquest.

For Mr Fitzpatrick’s family and friends and the officers directly involved in the day’s tragic events, this has been a profoundly difficult time. It is through the conclusion of open and truthful proceedings that those involved can understand what happened and achieve closure.

Sensationalist and inaccurate reporting will only add to their anguish and misinform members of the public.

Olivia Pinkney, assistant chief constable, Sussex Police

Comments(6)

J Noble Daggett says...
4:57pm Mon 13 Feb 12

Short memory there at Plod City Huh Olivia!

"James Ashley's family has received an undisclosed sum of damages, their solicitor said last night.
Sussex police has admitted a litany of errors over the death of a man, who was shot dead while naked and unarmed during a raid at his home
James Ashley, who was shot in Hastings in 1998

Jane Deighton said the amount that had received from Sussex Police was "strictly confidential" and would not comment on possible figures.

The payout comes more than 10 years after the death of Mr Ashley, 39, who died in an armed raid on his flat in Western Road, St Leonards, East Sussex, on January 15, 1998.

Ms Deighton said that the settlement was part of a declaration on behalf of Sussex Police following their admission that Mr Ashley's death came about as a result of their negligence.

Under the agreement the force has declared that, "Mr Ashley was naked and unarmed at the time that he was shot, and there was nothing illegal in his flat".

It also said that, "The death of Mr Ashley was caused amongst other things by a series of failures at different levels of Sussex Police in relation to events prior to the raid, and in its planning and execution."

It continues: "There were serious shortcomings in the way in which Sussex Police handled the aftermath of Mr Ashley's death."

The declaration and the payment of damages to the family, who are from Liverpool, follows a tireless campaign by them to find out the truth behind what happened to Mr Ashley, who was known as Jimmy.

The police officer who fired the fatal shot, Pc Chris Sherwood, was tried for murder and was acquitted. He claimed that he had mistakenly believed that Mr Ashley was pointing a gun at him and was about to shoot him.

Following today's announcement of the agreement, Mr Ashley's son, also named James, said he would now try to rebuild his life.

He said: "They have now admitted and apologised, and at last I know everything that happened.

"They have paid me damages. I can now try and build the life I lost the day they shot my dad when I was just 14."

Mr Ashley's sister, Pauline, said: "The legal proceedings are over but the Justice for Jimmy campaign will continue to call for greater independent scrutiny of the police and Crown Prosecution Service involving deaths at the hands of the state and we are here to help other families as we have been helped."

Louise Ellman, Labour MP for Liverpool Riverside, said: "This is a tragic case which I pursued in parliament. The remarkable strength of the Ashley family and their legal team has ensured that Jimmy's reputation has been cleared. It is a great tribute to them."

Ms Deighton said: "Jimmy's family sought the truth. They made a formal complaint, issued legal proceedings and started the Justice for Jimmy campaign. Not for one day did they let the pressure off.

"Their achievements are a remarkable memorial to Jimmy, and contribution towards holding the police accountable."

Sussex Police said that despite the declaration, it had not admitted that Mr Ashley was unlawfully killed.

A statement from the force said: "Sussex Police has admitted negligence and has reached a settlement with members of Mr Ashley's family. This involves the payment of compensation and making an apology.

"Sussex Police wishes to reiterate that the death of James Ashley was a tragedy which should never have occurred and that it was caused by a series of failures at different levels of Sussex Police in relation to events prior to the raid and its planning and execution.

"Sussex Police also acknowledges that there were serious shortcomings in the way in which the aftermath of Mr Ashley's death was handled.

"The force has not made any admissions that Mr Ashley was unlawfully killed. Pc Sherwood has always maintained that he acted in self defence; he was acquitted of the charges of murder and manslaughter in the Crown Court.

"Sussex Police therefore repeats its previous apologies to the Ashley family for the loss of Mr Ashley and the subsequent events.

"The force has learnt significant lessons from this tragic event."
Law and Order

Short memory there at Plod City Huh Olivia! "James Ashley's family has received an undisclosed sum of damages, their solicitor said last night. Sussex police has admitted a litany of errors over the death of a man, who was shot dead while naked and unarmed during a raid at his home James Ashley, who was shot in Hastings in 1998 Jane Deighton said the amount that had received from Sussex Police was "strictly confidential" and would not comment on possible figures. The payout comes more than 10 years after the death of Mr Ashley, 39, who died in an armed raid on his flat in Western Road, St Leonards, East Sussex, on January 15, 1998. Ms Deighton said that the settlement was part of a declaration on behalf of Sussex Police following their admission that Mr Ashley's death came about as a result of their negligence. Under the agreement the force has declared that, "Mr Ashley was naked and unarmed at the time that he was shot, and there was nothing illegal in his flat". It also said that, "The death of Mr Ashley was caused amongst other things by a series of failures at different levels of Sussex Police in relation to events prior to the raid, and in its planning and execution." It continues: "There were serious shortcomings in the way in which Sussex Police handled the aftermath of Mr Ashley's death." The declaration and the payment of damages to the family, who are from Liverpool, follows a tireless campaign by them to find out the truth behind what happened to Mr Ashley, who was known as Jimmy. The police officer who fired the fatal shot, Pc Chris Sherwood, was tried for murder and was acquitted. He claimed that he had mistakenly believed that Mr Ashley was pointing a gun at him and was about to shoot him. Following today's announcement of the agreement, Mr Ashley's son, also named James, said he would now try to rebuild his life. He said: "They have now admitted [the mistake] and apologised, and at last I know everything that happened. "They have paid me damages. I can now try and build the life I lost the day they shot my dad when I was just 14." Mr Ashley's sister, Pauline, said: "The legal proceedings are over but the Justice for Jimmy campaign will continue to call for greater independent scrutiny of the police and Crown Prosecution Service involving deaths at the hands of the state and we are here to help other families as we have been helped." Louise Ellman, Labour MP for Liverpool Riverside, said: "This is a tragic case which I pursued in parliament. The remarkable strength of the Ashley family and their legal team has ensured that Jimmy's reputation has been cleared. It is a great tribute to them." Ms Deighton said: "Jimmy's family sought the truth. They made a formal complaint, issued legal proceedings and started the Justice for Jimmy campaign. Not for one day did they let the pressure off. "Their achievements are a remarkable memorial to Jimmy, and contribution towards holding the police accountable." Sussex Police said that despite the declaration, it had not admitted that Mr Ashley was unlawfully killed. A statement from the force said: "Sussex Police has admitted negligence and has reached a settlement with members of Mr Ashley's family. This involves the payment of compensation and making an apology. "Sussex Police wishes to reiterate that the death of James Ashley was a tragedy which should never have occurred and that it was caused by a series of failures at different levels of Sussex Police in relation to events prior to the raid and its planning and execution. "Sussex Police also acknowledges that there were serious shortcomings in the way in which the aftermath of Mr Ashley's death was handled. "The force has not made any admissions that Mr Ashley was unlawfully killed. Pc Sherwood has always maintained that he acted in self defence; he was acquitted of the charges of murder and manslaughter in the Crown Court. "Sussex Police therefore repeats its previous apologies to the Ashley family for the loss of Mr Ashley and the subsequent events. "The force has learnt significant lessons from this tragic event." Law and Order J Noble Daggett