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Last Updated: Thursday, 19 January 2006, 12:54 GMT
Menezes report handed in to CPS
Jean Charles de Menezes
Mr Menezes was killed after being mistaken for a suicide bomber
A report on the death of Jean Charles de Menezes, shot by police who mistook him for a suicide bomber, has been sent to the Crown Prosecution Service.

The CPS will decide whether any police officers should face charges, after studying the Independent Police Complaints Commission's report.

Brazilian Mr Menezes, 27, was killed at Stockwell Tube station, in London, the day after the failed 21 July bombings.

The home secretary will see the report because of the "grave" circumstances.

Surveillance

The commission (IPCC) said in a statement it had the discretion to provide the home secretary with the copy of a report in "grave and exceptional" circumstances.

A copy will also be sent to Scotland Yard, the Metropolitan Police Authority and Inner South London coroner John Sampson.

The file will now be reviewed by a senior lawyer from our Special Crime Division and a decision will be notified to the IPCC in due course
CPS statement

Mr Menezes' family will receive a copy when "legal considerations" allow, the IPCC added.

It said it was in detailed discussions with relatives about updating them on the investigation "in the way most helpful to them".

The report will not be made public until any trial or inquest arising from the case has been completed.

On 22 July, the day Mr Menezes was killed, police and soldiers had been watching the block of flats where the electrician lived.

They believed a man suspected of the previous day's attempted attacks lived there.

A soldier saw Mr Menezes leave his flat and thought he resembled the suspect. He suggested it was "worth somebody else having a look".

The IPCC, which hand-delivered its report in two boxes to the CPS on Thursday, has focused on how this vague identification led to Mr Menezes being shot dead on the Tube.

"The file will now be reviewed by a senior lawyer from our Special Crime Division and a decision will be notified to the IPCC in due course," the CPS said in a statement.

'Evenly-spaced shots'

The BBC has obtained an eyewitness statement, given to the IPCC, that described how anti-terror officers shot at Mr Menezes 11 times.

Menezes family
Mr Menezes' family has called for prosecutions

The statement read: "The shots were evenly spaced, with about three seconds between the shots for the first few shots.

"Then a gap of a little longer. Then the shots were evenly spaced again."

Mr Menezes, from Gonzaga in south-eastern Brazil, was hit seven times in the head.

It is known the IPCC has identified "serious communication problems" on the day of the shooting, said BBC home affairs correspondent Daniel Sandford.

"It has also emerged that Commander Cressida Dick, the officer in charge that day, had barely slept because of a shortage at Scotland Yard of senior officers trained to handle suicide bomb situations," he said.

Commander Dick was in charge of armed officers, and her colleague Commander John McDowell in charge of surveillance officers on the day of the shooting.

'Cannot forgive'

It was not clear who would bear the brunt of any IPCC criticisms, our correspondent said.

Documents related to the IPCC probe, leaked last August, seemed to contradict eyewitness reports and initial police quotes that Mr Menezes' "clothing and demeanour" added to suspicions he was a suicide bomber.

Mr Menezes' family want charges brought against senior officers and those who pulled the trigger, saying they "cannot forgive".

But former firearms officers have warned charges could lead to protests, with armed officers refusing to carry guns, possibly across the country.

The IPCC inquiry has interviewed a number of Metropolitan police officers of all ranks over Mr Menezes' death, but the head of the force, Commissioner Sir Ian Blair, was not among them.

A separate IPCC investigation is being held into Sir Ian's handling of the affair.




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