Sword man's shooting was lawful

Jurors are considering two verdicts about Mr Prout's death

A widower shot dead by a police marksman after his colleague's baton gun twice failed to fire was lawfully killed, an inquest jury ruled.

Philip Prout, 53, was shot at his home in Lewannick, near Launceston, Cornwall, during a siege in May 2004 while brandishing a samurai sword.

The inquest in Plymouth heard that martial arts enthusiast Mr Prout was just feet from officers.

The police marksman told the hearing he feared for his and a colleague's life.

But he had waited until "the very last moment" to open fire.

Hidden daggers

Mr Prout, whose wife died from multiple sclerosis in 2001, moved from Crawley, Sussex, to Lewannick in 2003.

Police were called to Mr Prout's home after reports of a domestic incident.

His sister had told police that the widower had threatened to "top" her and had weapons in his house.

Baton gun failure behind killing

In the early hours of 4 May, Mr Prout emerged from the patio doors brandishing the sword over his head, with two daggers tucked in his waistband. It was then that he was shot.

He later died at Derriford Hospital in Plymouth. Tests showed his blood alcohol level was more than twice the legal driving limit.

A search of his house after the shooting uncovered no firearms.

The inquest heard that the Heckler and Koch-manufactured baton gun, used by every police force in England and Wales, will not fire unless its retractable butt stock is put in exactly the correct position.

Following the six-week inquest, the six men and four women of the jury, describing the circumstances of Mr Prout's death, said in their verdict: "The failure of the weapon to fire was probably related to the butt stock design".

New tests

Coroner Nigel Meadows said that new tests were being conducted on baton guns. The tests were ordered by the Ministry of Defence after the killing of Mr Prout.

Mr Meadows said: "I'm sure we would all hope that the tests bear fruit in the future."

He added that such cases of police using lethal weapons in the UK were rare.

Pc Dave James, of the Devon and Cornwall Police Federation, said rank-and-file officers wanted to see baton guns immediately replaced with a more reliable weapon.

Mr Meadows ruled that an order preventing the marksmen involved from being named should continue.

However, Mr Prout's family criticised Mr Meadows' decision not to allow the jury to return a verdict of unlawful killing.

No explanation

His daughter, Nichola Prout, 26, said: "We have sat here for six weeks and the jury couldn't decide on the facts that we have heard.

"The verdict doesn't really explain how dad died or why dad died, just that he died."

Devon and Cornwall Police Assistant Chief Constable Richard Stowe said: "There are no winners in this case, everyone has lost. Philip Prout's death was a tragedy for his family and friends and also the officers involved."

The Independent Police Complaints Commission offered its condolences to the Prout family.

It said its investigation was conducted professionally, but added that it had made a series of recommendations, including that Association of Chief Police Officers should look at modifying the stock of the baton gun and consider issuing new instructions for its use.