Forest Gate shooting ruled accidental

The Guardian
Aug. 03, 2006

The shooting of a man by anti-terrorist police during a controversial raid in east London was an "accident", the police watchdog said today.

The Independent Police Complaints Commission (IPCC) said the gun had gone off as a result of contact between the police officer and 23-year-old Mohammed Abdul Kahar, who was shot in the shoulder, on a narrow staircase during the raid in Forest Gate.

"In the circumstances, I conclude that the officer has committed no criminal or disciplinary offence," the IPCC commissioner, Deborah Glass, said.

Meanwhile, Mr Kahar was today arrested on suspicion of possession and making of child abuse images.

He attended a London police station by appointment and remains in custody. It is understood officers found the alleged abusive images while examining a computer seized in the raid.

Lawyers representing Mr Kahar said he "strenuously denies" the allegations.

The IPCC report on the shooting was based on the findings of an independent forensic scientist.

It said that there was "no evidence" of intent or recklessness on the part of the firearms officer and none to support claims the gun had been fired by one of the brothers.

Ms Glass said she was satisfied that "no offence was committed in the firing of the weapon" and that there was no evidence that it was fired deliberately.

The scientist found no fingerprints on the trigger of the weapon, but also concluded that the only way for it to have been fired was for the trigger to be pulled.

Although the report does not say so explicitly, this suggests the police officer - who was wearing two pairs of gloves as part of a protective suit - fired the gun accidentally.

The IPCC said the scientist found evidence consistent with the officer's description of events.

In particular, there was evidence that the officer and Mr Kahar were "much less" far apart than the 3ft described by Mr Kahar.

The weapon with which he was shot - a Heckler and Koch MP5 carbine - had its safety catch off, in accordance with police training for a "high-risk entry", the report added.

The officer, identified only as B6, said that as he was on a half-landing in the house, "he was aware of two figures approaching from his right at speed".

The report went on: "B6 states that he and the two figures came into contact, and this caused him to lose his balance and come into contact with the wall.

"B6 says he was aware of the person(s) pulling at his right arm. He states that he feared that the person(s) were trying to take his weapon, and that he feared for his life."

In his statement to the IPCC, Mr Kahar said he woke up to find a number of men dressed in black inside the house.

"He did not hear them speaking or realise they were police officers, and says that he believed it was a robbery," the report said.

"He believed that when he was less than 3ft from the men there was a bang and an orange flash. He says he felt a pressure but did not realise he had been shot."

Ms Glass attached no blame to Mr Kahar for putting forward a version of events not backed by the scientific evidence.

The report said that because of the officers' respirators, it was not surprising that he did not recognise them as police. Also the speed and shock of the incident were likely to have affected his recall.

B6 told investigators that, as he climbed the stairs, he was shouting "armed police", but Ms Glass said his respirator would have muffled the words.

Tarique Ghaffur, an assistant commissioner of the Metropolitan police, said that much media comment about the shooting had been "heavily critical" of the force, and he was pleased the IPCC report had put the record straight.

Ms Glass said the investigation would not be referred to the Crown Prosecution Service for consideration of criminal charges.

The injury to Mr Kahar was serious enough to fall under the definition of grievous bodily harm, but there was no evidence of intent, she said. There was also no scope for a prosecution under health and safety laws.

"There is little doubt that the bulky clothing and gloves had an effect on the officer's mobility and dexterity and that the respirator muffled sound," her report said.

"The equipment was, however, the most up-to-date currently available for use by the Metropolitan police service in such circumstances. Officers were trained in its use.

"The equipment carried health and safety risks, but reasonable steps were taken to minimise them. We do not think a criminal offence is made out on these grounds."

Mr Kahar's sister, Humeya Kalam, accused the IPCC of rushing the report and said her family had been "let down".

Ms Kalam said: "I am deeply disgusted by this report; I feel we've been let down by the IPCC as well as the police.

"They haven't done a thorough investigation; they seemed to have rushed it. When they first spoke to us they told us it would take at least seven months and this has been done in just over two months."

The raid, in which Mr Kahar and his 20-year-old brother, Abul Koyair, were arrested, was a search for a chemical bomb. The operation - codenamed Volga - involved almost 250 officers, who raided two properties, numbers 46 and 48, in Lansdown Road, Forest Gate. No device was found.

In a dramatic press conference a few days later, Mr Kahar told how he feared he and his family were going to be killed. He alleged that he was kicked in the face by a police officer, slapped and dragged down a stairway by his foot.

FLASHBACK: Cowboy UK Police Shoot Another Unknown 'Terror Suspect'

FLASHBACK: Hyped Terror Raid Proves To Be Paper Tiger