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Last Updated: Thursday, 9 March 2006, 16:26 GMT
Programme transcript
What follows is a transcript of Panorama's Stockwell: Countdown to killing, broadcast on Wednesday 8 March 2006 at 2100 GMT on BBC One.

This transcript is based on a recording and because of the possibility of mis-hearing and the difficulty, in some cases of identifying individual speakers, the BBC cannot vouch for its accuracy.


This is BBC Radio Five Live.

The news headlines - Andrew Fletcher
A massive hunt's underway for the people who tried to bomb three London underground trains and a bus yesterday. Police are hoping there's evidence from the scenes will provide valuable leads.

Reconstruction

PETER TAYLOR
On a bright July morning last year a young Brazilian, Jean Charles de Menezes began his journey to work. Tonight Panorama reveals the inside story of the plan to stop a suicide bomber, a plan that went so tragically wrong. Jean's journey was to last just 33 minutes. He headed for Stockwell underground station, picked up a newspaper, passed through the barrier and went off down the tube. He'd no idea he'd been targeted. The train was already on the platform and he didn't want to miss it.

Over 5,000 miles away, here on the other side of the world, Jean Charles de Menezes lies buried on a Brazilian hillside, the innocent victim of a so-called shoot to kill policy known as Operation Kratos. So what happened and what went wrong?

Reconstruction

Jean trained as an electrician in Brazil and came to England about 3 years ago to find work. He became friends with another Brazilian, also an electrician, and the two teamed up.

PATRICIA DA SILVA ARMANI Jean Charles' cousin
It wouldn't have been possible for my cousin to have been a terrorist because he was a working man. He had come here to work and to study. He would never get involved in that kind of thing.

TAYLOR
On Thursday 21st July last year, Jean and Gesio were working in Kilburn North London. They'd no idea what was happening elsewhere. They decided to take a coffee break, went back to Gesio's flat and turned on the TV.

21st July 2005

NEWS:
We hear a report that the Metropolitan Police are saying they're currently investigating three incidents at three separate underground stations.

GESIO D'AVILA
We were watching TV and he start to tell he must buy one bike for his journey in London.

JEAN
Stupid, it's just not safe, public transport anymore, I'm just going to buy myself a bike.

TAYLOR
He wouldn't use the tube or the buses.

GESIO
Yes, because the tube and the buses is coming dangerous now.

TAYLOR
Was Jean frightened by what he saw on the television about the bombs that day?

GESIO
Yes.

TAYLOR
He was worried?

GESIO D'AVILA
He was worried because he caught the train every day to go to work...

TAYLOR
The tube, the underground?

GESIO
Yes, to go to work and he worry a lot. He says it's becoming dangerous.

PATRICIA
One of the things I remember him saying to me was, and this was how he put it, that we could be in the wrong place at the wrong time. We talked about it and about what was happening and we actually felt really scared. We never imagined it would be happen so close to us.

7th July 2005

TAYLOR
That Thursday the bombs didn't go off. Exactly two weeks earlier they had, with terrible results. To the Metropolitan Police, the Met, a suicide bomb attack on the transport network came as no surprise.

Asst Comm STEVE HOUSE Central Operations, Metropolitan Police
We'd been telling people for some while that we knew that it was a matter of time before there was an attack on London. A tragedy we were proved right in that. But we had planned our response to suicide terrorist attacks for a number of years, so our response swung into action very quickly thereafter.

TAYLOR
But the Met also had a response of a different kind in place, a plan to stop suicide bombers in their tracks. Training for it was done along a desolate stretch of the Thames at Gravesend. The Met's Firearms Unit is known as CO19. Panorama was given exclusive access to films here in 19's training using live ammunition. On 21st July the Unit was on full alert, the scenario might now be real. Suicide bombers might come on foot or in vehicles packed with explosives. In the end it might mean shooting them dead.

Ch Insp MARTIN RUSH Chief Firearms Instructor Metropolitan Police
There must be a personal anticipation that that's likely to result in the death of the person you're firing at. You must only fire if you can justify that both legally and morally to yourself. If you have doubts about that, then quite clearly placing yourself in that position as an armed officer is probably inappropriate and you should consider that is not a career path for you.

TAYLOR
On Friday, 22nd July, Commander Cressida Dick was in charge of stopping any potential suicide bomber. She was known as the DSO, a Designated Senior Officer, and as such was responsible for deploying CO19.

Reconstruction

Commander Dick had been on duty most of the day before and was called back to Scotland Yard early that morning. At her side was a tactical adviser to recommend the best assets for the operation.

Panorama's reconstructions are based on statements, eyewitnesses, interviews and five months of intensive research.

London awoke still in shock. The suspected bombers were still out there and had to be found. By now four suspects had been identified from CCTV. Three of them believed to have set out from Stockwell tube. On the ranges at Graves End CO19 officers are trained to respond to a variety of scenarios. The target could be a suicide bomber or a gunman with a hostage. They train to take him out at a hundred metres without hitting the hostage.

If you're faced with a suicide bomber scenario, what particular problems does that pose for you, how different is it in that situation?

Insp TONY KALLI Specialist Firearms Instructor Metropolitan Police
Well again, all we're looking at is an incapacitating shot. We need to stop that person from doing that act, and the only thing we can guarantee is if we shoot someone in the head then their functions will cease and that person will fall.

TAYLOR
Immediately?

KALLI
Immediately.

TAYLOR
He can't think in a microsecond and detonate the suicide...

KALLI
And that's our big fear, but if the shot is accurate enough then it will stop that function of that person immediately and they will fall.

TAYLOR
One suspect was thought to be Hussein Osman, he was apparently already known to the Met because of his connections with a mosque in South London. On 21st July he allegedly left a bomb in a bag at Shepherd's Bush tube. It didn't explode. Inside the police found a gym card which led them to a block of flats in Scotia Road, Tulse Hill.

Reconstruction

Early on the Friday morning a surveillance team staked out the flats where they believed Hussein Osman might be. With them was an undercover soldier whose parent unit had played a critical covert role in Northern Ireland. The soldier had been there since dawn, monitoring the front door. At around 9.30 it seems he had a problem.

TANGO 10
Calling all stations, Tango one zero, comp down, comp down. [monitor dies]

PETER TAYLOR
At 9.33 that Friday morning Jean's last journey had begun. As he left the flat he'd been living in he never imagined that he might never return, and he'd certainly no idea that he was being watched by an undercover soldier known as Tango 10 and a Special Branch surveillance team. According to the soldier's statement he wasn't able to make a positive identification because he was answering the call of nature at the time. He said he wasn't able to transmit what he'd seen and couldn't switch on the video camera. That's why, according to the soldier's statement, there is no video footage of this male.

Do you find it credible that the undercover soldier was really...

STEVE HOUSE
I'm sorry to interrupt you but we agreed before this...

TAYLOR
Answering the call of nature? Couldn't turn on the camera?

HOUSE
We agreed before this interview took place that I would not answer any questions on the specific events of the 22nd July. We've also been asked by the Independent Police Complaints Commission - who are reviewing this and have sent a file to the Crown Prosecution Service - not to talk about it.

TAYLOR
The soldier, according to his leaked statement, referred to Jean as an IC1 male - that's a white European.

TANGO 10
Control Tango 10 - Permission - over.

CONTROL
Go ahead 1 zero.

TANGO 10
I have eyeballed one unidentified male. IC1 male leaving target address. Out of target address, approaching main street, left, left, left. Suspect target does not appear to be carrying anything. Out, out, out. Lost, lost, lost.

CRESSIDA DICK
Does that mean we've got no eyeball on the target?

CONTROL
It's lost.

DICK
Right.

TAYLOR
The Met knew something about Hussein Osman and believed they'd discovered where he might be. But who was Jean Charles de Menezes and how did his journey end in tragedy? To try and find out, our journey began in Brazil. It took us 36 hours to get to the remote village where Jean was born and brought up. I thought of the stark contrast between the quiet beauty of the countryside and the horrific circumstances in which he died beneath Stockwell's streets, and I wondered how infinitesimal were the chances of anyone from such a distant part of the world meeting such a terrible violent death in London. We finally located the simple farmstead where Jean's parents lived. Their livelihood depends on two dozen cows.

MARIA OTONI DE MENEZES
This is a photo of him when he was young, when he was seven-years- old. Here he wasn't even wearing shoes. We couldn't afford them. He went to school barefoot.

MATOZINHO OTONI DA SILVA
When he left here he said to me: "Dad, I want to go to England to work. I know that England is a famous country. I want to spend some time working in England. It's a good country for earning money."

MARIA
He never said anything bad about the police. I told him to be cautious because he was in a foreign country. But he said: "Don't worry about me mum, the police there are educated." He said: "The police there don't carry guns, so don't worry about me mum. Don't worry about me there."

TAYLOR
Brazil and his family back in Gonzaga were often in Jean's thoughts. A sizzling barbeque kindled memories of home with fat steaks, music and beer. Jean was with Gesio a few weeks before the bombings at a barbecue in Gesio's North London back garden. Any thought of terrorism was as far away as Brazil.

GESIO D'AVILA
I remember Jean is the first arrive and the last to leave the house and we have fun, listening Brazilian music and English music and talk about the life in London and what to do after gone back to Brazil. It looked like a typical Brazilian barbecue. A lot of meat, all kind of meat, and music, all the time music. The Brazilians without music it's not Brazilian.

DICK
Who's got him now...who's got eyeball now, come on.

CONTROL
Calling all stations, who has eyeball now, over. Hotel unit, who has eyeball?

Reconstruction

HOTEL ONE
Hotel-1, I have eyeball.

TAYLOR
That Friday morning Jean had no idea he was being followed by Special Branch surveillance teams, one code named 'Hotel'. They were trying to establish whether he was Hussein Osman, the suspect they were looking for. One radioed that he couldn't confirm the man was Osman but noted he had distinctive Mongolian eyes. He suggested others should take a look as Jean walked to the bus stop. They carried on trying to confirm the target.

HOTEL ONE
Control from Hotel-1, cannot confirm. X-ray, X-ray. Cannot confirm. X-ray, X-ray.

TAYLOR
The Met has had a firearms unit for years, but after Al-Qaeda's suicide attacks on 9/11 it recognised that CO19 would have to train to confront a very different target. London had to be ready for a suicide attack however it came.

LORD STEVENS Commissioner Metropolitan Police 2000 - 2005
One realised that we were into a new world, a highly dangerous world, and something that we were going to lose sleep over, and more importantly than all of that, something that we had to take action to ensure that the public were protected.

TAYLOR
The Met had to work out how they were going to stop a suicide bomber. Barbara Wilding was the senior officer charged with devising the policy. She's now Chief Constable of South Wales. She headed the suicide bomber working party.

What were you asked to do?

Ch Con BARBARA WILDING Former Head Suicide Bomber Working Party
I was asked exactly what it says on the tin which is to look at our current counterterrorism strategy and identify any gaps in that strategy to deal with this new threat.

TAYLOR
So when you saw what had happened on 9/11, what did you conclude?

WILDING
Is that we had a huge gap, both from suicide terrorism delivered by person, through a vehicle, plane and marine and transport systems, that we had gaps, and we had to fill those gaps as soon as possible.

TAYLOR
The gap was to be filled with what became known as Operation Kratos, the ancient Greek word for strength, might or power. We've seen the document outlining how Kratos evolved. It dealt with a spontaneous suicide attack where there was no intelligence. The policy was worked on for 15 months with input from senior police officers, the Home Office, MI5, the SAS and Government law officers.

STEVENS
It was a whole range of activities, and it ranged from surveillance, the use of CCTV, what tactics we would use. The ultimate was the use of lethal force which would be needed if we actually came across a suicide bomber who was intent on blowing himself, or herself, and everybody else up with them.

TAYLOR
Ironically the Kratos document even considered a scenario in which a suspect without explosives was shot dead.

CONTROL
Hotel 3, Hotel 9, are you on the bus?

TAYLOR
At no stage during his 33 minute journey was Jean ever challenged. Soon after 9/11 Barbara Wilding and her team travelled to Israel to learn how its police officers deal with suicide bombers. We made the same journey for the same reason. Since 1993 there have been more than 200 suicide attacks killing over 700, most Israeli civilians. Although suicide bombings only make up around 1% of attacks, they account for well over 50% of the casualties. Israel has built a 20ft wall to keep potential bombers at bay. The hope is that they'll be detected as they pass through one of its checkpoints. Most have been arrested, not killed, but it only takes one to get through and age is no barrier. This young bomber was intercepted at a checkpoint. He was only 14.

SIMON PERRY
The bomb technician is giving him orders how to dismantle the explosives without hurting himself and people around.

TAYLOR
And this is the suicide belt.

PERRY
That's the suicide belt, yes.

TAYLOR
Brigadier General Simon Perry had worked in Israel's internal security.

Brig Gen SIMON PERRY Israeli National police
As you see, you have here two triggers for that.

TAYLOR
Where are the triggers?

PERRY
The wiring that comes out.

TAYLOR
And what explosives are these in this belt?

PERRY
At that moment we didn't know of course, but we assumed that it's home-made explosives.

TAYLOR
Which is?

PERRY
On this occasion I think it's TATP.

TAYLOR
Which is highly volatile.

PERRY
Exactly.

TAYLOR
The young bomber was arrested, the vest removed and detonated. TATP - triacetone triperoxide - is the most common explosive favoured by Palestinian's suicide bombers. Professor Ehud Keinan is Israel's leading expert on the deadly mixture. He gave me a demonstration.

Prof EHUD KEINAN Israel Institute of Technology, Haifa
Now if you take this amount and you multiply it by let's say 500,000, that is more or less the quantity that has been used in the British subway in July 7th earlier, and what you see, when I attach it to the cigarette, is just a ball of fire. So ready? [sound of explosion and a leap of flame]

TAYLOR
And that's just from that very small amount.

KEINAN
That's from very small amount. The paper is clear, nothing is left.

TAYLOR
And how easy is it to make TATP?

KEINAN
Embarrassingly simple.

TAYLOR
At Israel's police training school we watched how its officers deal with a suicide bomber. In this scenario the bomber is the smaller of the two men. There was intelligence he was on his way.

Insp MICKY ROSENFELD Israeli National Police
Obviously these suspects are coming here to kill as many people as possible and we're doing everything we can in order to prevent this from taking place. They use a bullet-proof jeep in order to make sure they're 100% protected as well as being capable of reacting quickly and, if necessary, to shoot.

TAYLOR
Wasn't it risky to shoot the suicide bomber there, given that he was probably carrying a suicide bomb?

ROSENFELD
We take into consideration the distance, where the vehicle stopped was in fact 20-30 metres from where the suspect was.

TAYLOR
How important is that intelligence that you receive?

ROSENFELD
Intelligence is critical, critical for those troops that are working on the scene. They have to know exactly who they have to stop, otherwise the result of having incorrect information can be the difference between life and death.

TAYLOR
As Jean prepared to get off the bus at Brixton it seems the surveillance team were still unsure as to whether he was Hussein Osman. Jean was planning to catch the tube.

SURVEILLANCE
He's off the bus. He's got off the bus. He's talking to his friend.

DICK
And what's the situation now?

CONTROL
He's off the bus ma'am. He's at Brixton Station.

GESIO
About quarter to ten I think he was on Brixton Station and he just told me the train is not working today, I have to take bus and I take more time to get the place. I told him, oh don't worry about it. Coming and when you get to Kilburn Station just give me a call.

TAYLOR
Brixton station was closed because of a security alert further along the line. Did you hear from him again after he'd called you from Brixton Station?

GESIO
No, this was the last call from him.

TAYLOR
In all their intensive training CO19 officers have to exercise not only deadly accuracy but fine judgement.

OFFICER
... It's about an armed robbery. Put the tools on the top and just keep your hands where I can see them.

TAYLOR
In this interactive American scenario with live ammunition there are suspected armed robbers in the garage.

Insp TONY KALLI Specialist Firearms Instructor Metropolitan Police
We're making them aware that it's never going to be a black and white scenario, so the officer has to make that decision in himself.

TAYLOR
In the end the officer on the ground with the weapon has got to make the decision whether or not to pull that trigger.

KALLI
Absolutely, individual decision.

TAYLOR
How do you train people to have good judgement?

Ch Supt BILL TILLBROOK CO19 Specialist Firearms Operational Command Unit
I suppose part of it's going to be in somebody's makeup and there are qualities that we would look for in individuals before we recruit them, and the second half of that is going to be developing that natural sense of judgement through the training centre.

TAYLOR
But the officers trained to confront a suicide bomber are the most highly skilled of all. They're known as Specialist Firearms Officers - SFOs.

TILLBROOK
As far as our training is concerned and skill levels, they're probably in the upper echelons of the training.

TAYLOR
So the skill levels are higher with the SFOs.

TILLBROOK
Very much so.

TAYLOR
And do the SFOs operate in plain clothes or in uniform or what?

TILLBROOK
Generally in plain clothes because of the environment and the types of operation they'll be deployed into.

TAYLOR
Normally the surveillance teams on the ground work closely with the Specialist Firearms Officers and the DSO back at Scotland Yard.

SURVEILLANCE
Target gets on bus.

CONTROL
Acknowledge. He's just got back on the bus ma'am.

TAYLOR
Back on the bus for the journey from Brixton, the surveillance team kept Jean in their sites. It seems that there may have been some uncertainty as to whether or not Jean was really the person they were looking for. But these uncertainties may have been diminished by what they saw Jean do at Brixton tube station. They watched him get off the bus, make a phone call and then get back on the bus again, movements which may have been misinterpreted by the surveillance team as counter surveillance tactics.

DICK
We must get positive ID on this person. Can we confirm who he is?

TAYLOR
At Scotland Yard Commander Cressida Dick was running the operation as designated senior officer. The DSO has an awesome responsibility.

Asst Comm STEVE HOUSE Central Operations, Metropolitan Police
The Designated Senior Officer is a highly experienced senior police officer who is selected on their experience, given some training on Operation Kratos techniques, and their role is to assess the intelligence as it comes in, in relation to the incident that's happening, and to weigh up the tactical options.

TAYLOR
By the time the bus approached Stockwell the surveillance team had finally identified Jean as Hussein Osman. We believe that Cressida Dick then sought confirmation.

DICK
Are they sure?

BASE
Base to control, do you confirm positive identification.

CONTROL
Control to Base, target is confirmed. Repeat, target is confirmed.

BASE
Yes, they have confirmed positive ID ma'am.

TAYLOR
Jean was about to enter Stockwell Station with the surveillance team close behind.

BASE
The target's gone into Stockwell station ma'am.

TAYLOR
This was the absolutely critical moment. Commander Cressida Dick, her tactical adviser and her team, had to decide whether to activate the Specialist Firearms Officers of CO19 but in the end the final decision was hers. Does the designated senior officer give the final order to open fire?

HOUSE
The concept within Kratos is that the intelligence picture may be so fast moving with so many different intelligence strands coming in at any one time, that it needs someone at the centre to make a decision because only they are seeing the full intelligence picture, and therefore yes, one of the ways it can work is that the designated senior officer would give the order to the firearms officers on the ground to open fire.

TAYLOR
So does the designated senior officer effectively pull the trigger?

HOUSE
Well that's an interesting legal point. We believe that a good measure of the responsibility for the decision does lie with the designated senior officer.

TAYLOR
The critical question is, did Commander Dick order CO19 just to stop him or to use lethal force.

HOUSE
There are code words in Operation Kratos which do signify to the officers on the ground the tactics to be used and one of those is use of firearms fired at someone's head, yes.

TAYLOR
Did those code words exist for Operation Kratos before the 22nd July?

HOUSE
Before the 22nd July those words did exist, yes.

TAYLOR
And there was a code word that says "use lethal force."

HOUSE
There is, yes.

TAYLOR
And did the designated senior officer use that code word, or would the designated senior officer have been in a position to use that code word?

HOUSE
You'll understand, and we did agree before this interview, that I wont comment on specific events on the 22nd July.

TAYLOR
But where does responsibility for firing the lethal shots finally lie? A case we came across in Israel highlights the life or death decision a senior police officer may have to make. Four years ago a suicide bomber was intercepted in a suburb of Jerusalem. He was forcibly restrained and his clothing cut away.

Maj Gen MICKEY LEVY Comm. Jerusalem Police District 2001-2004
The suicide bombers was kneeling on the ground and the suicide belt was on his stomach.

TAYLOR
You can see the belt?

LEVY
Yeah, I can see the belt, and one policeman holding his hand behind him to make sure...

TAYLOR
To make sure he couldn't detonate the bomb.

LEVY
Right.

TAYLOR
We found a witness to the scene. He said he took these graphic photographs with his father.

WITNESS
The told him to undress. They held him, as you can see in the picture, two on his legs, one on his hands, and one stepped on his head here.

LEVY
I asked the bomb technician if he could disarm the bomb and he said that he couldn't because the suicide bombers was to push his body on the ground to turn on the switch, and I remembered that one policeman told me: "Leave Commander because if we explode it we die." And I say if we will explode it, we all die together. I remember it like that happened yesterday. I gave the order to some policeman that he shoot the suicide bombers and he shoot the suicide bombers in his head.

WITNESS
This guy put his weapon next to his head and all eight bullets were shot here.

LEVY
It was a very, very difficult moment for me to give the order to shot him but it was the only one way. After that I didn't sleep for three days, believe me.

TAYLOR
The bombers family appealed to Israel's High Court in the hope of having General Levy prosecuted, but the court advised them to drop the case - they did. Any DSO at Scotland Yard could be faced with a similar predicament.

Reconstruction

By now CO19 officers were waiting for an order to move. CCTV recorded Jean calmly picking up a newspaper in the booking hall and then going through the barrier. After Jean passed through the barrier there seems to have been general confusion. There were reports that he'd jumped over the barrier but those reports were entirely false. If eye witnesses saw anybody do it, then it was probably a member of the firearms unit of the surveillance team. Jean had only minutes to live.

The train was already pulling into the station. Jean ran to catch it before the doors closed. Surveillance officers were close behind. They followed him on to the platform and then into the carriage. Surprisingly it seems the CCTV cameras weren't working. Because of delays the train stayed put for a few minutes. Panorama's reconstruction of what happened next is based on leaked statements by the surveillance officers and eye witness accounts. One surveillance officer got up and identified Jean.

3.33pm 22nd July 2005 SIR IAN BLAIR COMMISSIONER
I can say that as part of the operations linked to yesterday's incidents Metropolitan Police officers have shot a man inside Stockwell underground station. That happened at approximately 10 o'clock this morning.

NEWS

Reports of a shooting here at Stockwell tube station...

A suspected bomber has been shot dead by police...

Eye witnesses say officers pursued a man onto a tube train at Stockwell...

TAYLOR
But unbeknown to the world above, the awful truth was soon revealed. In the dead man's pocket officers discovered a Brazilian driving license. It soon became clear it wasn't Hussein Osman.

COMMISSIONER BLAIR
The information I have available is that this shooting is directly linked to the ongoing and expanding anti-terrorist operation. I need to make clear that any death is deeply regrettable, but on┐ as I understand the situation, the man was challenged and refused to obey police instructions.

TAYLOR
We understand that Sir Ian Blair was initially told that the suspect was ordered to surrender. One officer said he tried to restrain him. But Sir Ian insists he didn't know of the dreadful mistake until after 10 the following morning, almost exactly 24 hours after the shooting.

10.31 am 24th July

COMMISSIONER BLAIR
This is a tragedy. The Metropolitan Police accepts the full responsibility for this and to the family I can only express our deep regrets.

TAYLOR
It seems strange the commissioner appears to have been kept in the dark for so long. Two senior officers I've spoken to who were at Scotland Yard say that by mid afternoon the word was that an innocent Brazilian had been shot. The coroner's ambulance took Jean's body away. His workmate still didn't know what had happened to Jean. Gesio says he tried to call Jean time and time again without success. As he fell asleep at about 1 o'clock on Saturday morning his mobile suddenly sprang into life.

GESIO D'AVILA
I was think of him, but the strangest was a private number. I still think he call me and I answered the phone.

TAYLOR
So when you answer the phone you think it's Jean?

GESIO
Yeah, and was the police.

POLICE
We need to talk to you about something very urgent.

GESIO
And told me we have something urgent and important to ask you. Then asked who I am, then asked me if it's possible have a meeting.

TAYLOR
Gesio was worried. He wasn't sure they really were the police.

GESIO
I just saw the light.. strong light outside. The light I think one torch, one weak torch, I think then was look for the number of the house.

TAYLOR
Gesio nervously opened the door. His wife was terrified and hid in the bedroom.

POLICE
Are you Gesio D'Avla?

GESIO
Yes.

POLICE
May we come in please and have a word.

GESIO
No problem. Come in.

POLICE
Thank you.

GESIO
They sat down in the kitchen and then told me.. we talk about some things happen today in the tube. I told then just one body was shot in the tube. And then he start questions.

POLICE
Do you know a guy called Jean Charles De Menezes ?

GESIO
I told them yes, I know this guy, we work together, we were friends.

POLICE
Does he have any family in London?

GESIO
And he start to question about him.

POLICE
Where does he work?

GESIO
We work together as electricians.

POLICE
Where does he live?

GESIO
He lives in Tulse Hill.

TAYLOR
The questioning went on until the early hours of the morning. It was only at the end that they finally got round to the point.

POLICE
Is this the guy we're talking about?

GESIO
I told yes, this is my friend, Jean, they talk about this person. And he told me you are sure about this guy we talk about, maybe this person is dead.

TAYLOR
He's dead?

GESIO
Yeah.

TAYLOR
Maybe he's dead.

GESIO
Maybe...maybe he's dead.

TAYLOR
At 5pm on Saturday afternoon the Met offered a statement apologising for killing an innocent man.

"The man emerged from a block of flats. He was then followed by surveillance officers to the underground station. His clothing and behaviour added to their suspicions."

TAYLOR
It was more than 24 hours after the shooting before the family was finally told that Jean was dead. Around 7 o'clock on Saturday evening they were taken to the mortuary at Greenwich.

PATRICIA
I imagined it would be someone else's body, the body of another person who had nothing to do with us.

GESIO
When they opened the curtain we saw his body on the bed. He was dead. No colour, no smiles, no life. It was terrible for me that time.

PATRICIA DA SILVA ARMANI Jean Charles' cousin
He was lying on a table. His head was bandaged up with...I'm sorry... with his head bandaged up, his face was all bruised, but it was definitely him. I recognised him instantly. We were in complete and utter despair. I just couldn't believe it. And then everything suddenly switched off in my head and he disappeared like...his face disappeared.

GESIO
Patricia fainted and she stayed about 3-4 minutes fainted. And then when she back, she cannot stand up to go to near the body, but we help her, then she came, she was just crying - crying, crying.

PATRICIA
I pressed myself up against the window with my two hands, and I began crying and talking to him, and I asked him: "Jean, why did they do this to you? What happened?" I felt utter despair.

GESIO
We wanted to hear the truth, why they done this with him.

"This is a tragedy. The Metropolitan Police accepts the full responsibility for this and to the family I can only express our deep regrets."

MARIA OTONI DE MENEZES
I couldn't believe it, I simply couldn't believe that my son had been killed. But then when they kept repeating it over and over again I knew that it must be true but it was still hard to believe, and even now that I know all the facts, I still wake up thinking my son is alive.

TAYLOR
Outside Stockwell tube there is a simple memorial to Jean. Here members of the public, friends and supporters of the family's campaign post their thoughts and leave their flowers.

PATRICIA
That's why we are here today to ask for justice. We claim justice. Above all we want justice.

TAYLOR
The investigation was conducted by the Independent Police Complaints Commission, the IPCC. It's their most high profile case in their brief two year existence. From the outset they promised to keep the family fully informed.

18th August 2005

JOHN WADHAM Deputy Chair Independent Police Complaints Commission
It is a search for the truth and we are confident that at the conclusion of this inquiry we will be able to tell the family exactly what happened.

TAYLOR
But as the family continued to keep Jean's memory alive both here and in Brazil, they feel they've been sidelined. The report is now with the Crown Prosecution Service which will decide probably by Easter whether any police officers are to be prosecuted.

PATRICIA
The report was handed in the day before yesterday, but we were not given anything.

TAYLOR
The report has also gone to the Met Commissioner, the Home Office and the Coroner but not to the family or their lawyers.

PATRICIA
I believe... I want to believe, I need to believe that they are doing a good job because this is what we are depending on. We are depending on their investigation.

TAYLOR
So what else has Panorama uncovered to help us understand what went wrong at Stockwell? First fact - Israel, where the Met first went to learn about suicide bombers. Israel has vast experience of dealing with the threat, and its police officers know the precise circumstances under which they can open fire. They have to be certain he is a bomber.

Do you actually have to see the suicide belt?

Maj Gen MICKEY LEVY Comm. Jerusalem Police District 2001-2004
Yes, I have to see the suicide bombers and have the intelligence tell me this is the suicide bombers.

TAYLOR
But do you have to identify the fact he is carrying a suicide belt or a bomb before you take action?

LEVY
Right.

TAYLOR
You have to be sure?

LEVY
Right, I have to be sure.

TAYLOR
Do your officers have to make a similar identification? Do they have to see the suicide jacket, or what they think may be a suicide jacket before they open fire?

Ch Insp MARTIN RUSH Chief Firearms Instructor Metropolitan Police
No, I mean they would have to be satisfied that the threat exists, and as I say, that has to be in conjunction with the assessment made by a senior police officer.

TAYLOR
So they're told the threat exists because the command higher up the chain has told them that the threat exists.

RUSH
Yes.

TAYLOR
They act on that basis.

RUSH
They would act on that basis as long as what they can see and what they're confronted with meets that assessment.

TAYLOR
If there's no apparent threat, if the officer doesn't see a bomb or a weapon, does he still go ahead and shoot the person?

Asst Comm STEVE HOUSE Central Operations, Metropolitan Police
That's why in relation to Operation Kratos we have a designated senior officer because it may well be that they are in possession of intelligence which paints a different picture from the picture that the firearms officer sees in front of them.

TAYLOR
So Israeli police officers have to actually see the bomb. CO19 officers don't. Second fact - communications. Did the radios work underground?

Ch Supt BILL TILLBROOK CO19 Specialist Firearms Officers Operational Command Unit
It depends on the depth of the station and it really depends on the environment in which the officers are operating.

TAYLOR
And on the 22nd July officers were operating deep down on the Northern Line. Ongoing communications between the surveillance teams, CO19 and Cressida Dick, could have been crucial and might just have saved Jean's life.

Do your radios work underground?

RUSH
I'm not sure that all our radios work at all underground stations.

TAYLOR
Critically Panorama has established that on the 22nd July the radios weren't working. Once the officers went underground all contact was lost.

LORD STEVENS Commissioner Metropolitan Police 2000-2005
It was raised with the Home Secretary at the time and the Home Office. It was a major issue. Communications are essential, and the reason for that is, in a fast moving situation you have to inform the officers involved what is taking place. Equally importantly they have to get back in touch with you as to what they're doing and why they're doing it.

TAYLOR
When you were training to counter an attack from a suicide bomber, one assumes you looked at the tube and again one assumes that you would have examined whether your radios would work.

STEVENS
Well all I can say is we continued to ask for this kind of thing to be addressed. You can take it from me that we pressurised as far as possible, and I personally pressurised for the communication systems to be working.

TAYLOR
We can confirm that CO19 still doesn't have radios that work deep underground. The Home Office told Panorama that officers now have the new airwave handsets but they don't yet work down the tube. Contracts have still to be signed to set up the infrastructure. And lastly Panorama can reveal that the Met had not anticipated the kind of operation they faced that day.

In all the planning that you and your colleagues did to deal with a suicide bomber in London, did you anticipate the kind of thing that happened on the 22nd July?

Ch Con BARBARA WILDING Former Head Suicide Bomber Working Party
The planning that we did, did we look at a mobile intelligence gathering operation going live? The answer is, no we didn't.

TAYLOR
So the operation of the 22nd July, was that an operation that you had planned for under Operation Kratos?

WILDING
No.

TAYLOR
There were no guidelines to cover such a rapidly escalating scenario so officers had to adapt procedures as best they could. The CPS Prosecutors now have to decide whether the lethal force used at Stockwell was legal.

Prof CLIVE WALKER University of Leeds
The law is set out in Section 3 of the Criminal Law Act of 1967 and it uses a test that the person who is using the force, and this can actually apply to police officers or indeed to citizens, to civilians, must be such force as is reasonable in the circumstances for the purpose of effecting a lawful arrest.

TAYLOR
But it's now apparent that the surveillance of Jean raises another serious issue. A further leaked section of the IPCC report reveals that the Special Branch log appears to have been tampered with.

It seems that originally a log stated that a positive identification had been made, but that later the word "not" was apparently inserted. Special Branch officers deny that any such alteration was ever made. When senior officers at Scotland Yard read this particular section of the IPCC's report, they held their heads in horror.

What's your reaction to the fact that Special Branch, or a Special Branch officer or officers, altered the log, the record, of what happened that day?

LORD STEVENS Commissioner Metropolitan Police 2000-2005
If that's true, and presumably it's been investigated, I'm just amazed and horror really, horrified by it - if it's true.

TAYLOR
But it appear so to be true.

STEVENS
Well if it's true, it's horrific.

TAYLOR
But why would Special Branch officers go to those lengths to falsify a record in a situation which is already highly sensitive?

STEVENS
No one knows and I suspect that there must be an inquiry and those people must be identified, that's what's got to happen.

WALKER
Altering the documentation is indeed potentially the common law offence of taking action to pervert the course of justice.

TAYLOR
The killing was so controversial not just because he was innocent but because he died so violently with seven shots to the head. Those who devised Kratos and those now responsible for its implementation have always recognised how extreme its climax may be.

When you strip everything else away, Operation Kratos, in the end, is about a shoot to kill policy, isn't it, because the point is, you've got to kill the suicide bomber.

STEVE HOUSE
No, I can't agree with that.

TAYLOR
But you've got to take out the suicide bomber. The only way you can take out the bomber is by blowing his head off.

HOUSE
What we train our officers to do is what we call immediate incapacitation. I understand why it is┐

TAYLOR
Which is aiming for the head.

HOUSE
Which is aiming for the head. I understand why it is that people say that's a shoot to kill policy but it is not a shoot to kill policy. We do not recruit and train our officers to shoot to kill, and that's not what police firearms officers do. They shoot to incapacitate.

TAYLOR
But in the end, confronted by the suicide bomber, if the threat is believed to be real, the instructions are to shoot to kill to stop the bomber. In that sense┐

HOUSE
No, that's not correct, no┐

TAYLOR
But that's the end.. that's what Operation Kratos can result in at the extreme if the officers believe they are confronting a suicide bomber, they have to kill him, therefore, isn't that in extremis, a shoot to kill policy?

HOUSE
Well I think you're mixing up two concepts there which is it can end in the person's death, yes, because they are shooting at someone's head. But the instruction is not shoot to kill, the instruction is to immediately incapacitate the person.

TAYLOR
And in the case of a suicide bomber, immediate incapacitation means shooting him in the head.

HOUSE
Shooting in the head, yes.

TAYLOR
The family are quite clear what they need to see to be convinced that justice is being done. They believe that all the police officers involved, both on the ground and at Scotland Yard should be prosecuted.

MARIA OTONI DE MENEZES
I am asking for justice. I want justice. I want them to be punished. I want them to pay for my son's death, that's what I want. They have to be made aware of the mistake that they made. I could never have imagined that such a thing could happen to us, and in London, the capital of a country in the first world!

PATRICIA
I think that all of them, without exception, should be prosecuted.

TAYLOR
Can you accept that what happened was just a dreadful accident?

PATRICIA
What they did was shocking, they committed an error which they can never ever rectify, never in their lives.

TAYLOR
Do you believe that the Commissioner of the Metropolitan Police Service, Sir Ian Blair, should resign?

PATRICIA
I think so, yes, I think so, he should, because he's the person who is the most responsible for everything that has happened. He is responsible not only for the death of my cousin, but also for the lies that he has told.

TAYLOR
If things go wrong confronting a suicide bomber, where does final responsibility lie? Does it lie with the designated senior officer, does it lie with you? Does it lie with the Commissioner of the Metropolitan Police Service? Who is responsible if things go wrong and an innocent person is shot dead?

Asst Comm STEVE HOUSE Central Operations, Metropolitan Police
As I said to you before the interview, and as we agreed before the interview, I wont talk about specific events┐

TAYLOR
I'm not asking about specific events. I'm talking about a hypothetical situation.

HOUSE
I wont talk about specific events on the 22nd July and we've been advised by the Independent Police Complaints Commission that we should not talk about that. However, what I will agree with you is, that it's an extremely complex situation and it may well be that responsibility lies in a lot of different places.

TAYLOR
The ultimate sanction of Kratos resulted in the killing of Jean Charles de Menezes with seven shots to the head. At Stockwell the final act of the operation with the ancient Greek name became a Greek tragedy. Today Britain's chief police officers endorsed Kratos. They've concluded that its might and strength must be maintained.

Is the threat of the suicide bomber still with us?

HOUSE
Absolutely still with us, yes. That's why we are keeping operation Kratos in place. We will constantly refine it. We will seek any improvements that we can both in the equipment and in the tactics, and make sure that it is the most effective deterrent that we have to suspected suicide terrorists coming to London again.

PATRICIA DA SILVA ARMANI Jean Charles' cousin
Sometimes I have to go past Stockwell and that's really hard for me, it's really hard. Sometimes I just want to go back to Brazil and stay there in my house. But then when I think about everything that's happened here, I don't want to be a long way away from it all. I want to be here and I want to see what will happen in the end, but it's really difficult. My life has changed so much.

TAYLOR
The Crown Prosecution Service will decide whether any police officers should be prosecuted. If they are, then the impact could be seismic with the future of the Metropolitan Police Commissioner, Sir Ian Blair, at stake. And if there are no prosecutions, then there'll be allegations of a whitewash and cover-up and justice denied.

In Brazil Jean's parents cherish a few souvenirs from their son.

MARIA
He gave me this present from London. [holding shake and snow globe] He said to me: "Mum, I bought this for you so that you could see what the snow there is like, so that you know what it's like there. He gave it to me and I was so happy because I had never been there. I held it. I thought it was so pretty.

TAYLOR
And the flag?

MARIA
The flag towel he bought it as a present for me. He said that he had bought it for me so that I would know what the flag was like. I know the Brazilian flag but not the London one, so he bought me this flag. The things he gave me brings so much sadness to our hearts, to know that my son is no more.

TAYLOR
As we left Jean's family we past the sign above the dusty road: "Home of Jean Charles de Menezes" it reads "victim of terrorism in London. Here we value life."

What do you think about Operation Kratos? Email our website at www.bbc.co.uk/panorama.



SEE ALSO:
Police defend shooting strategy
08 Mar 06 |  London


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