Inquests: Directions To The Jury

R (on the application of D) v Inner South London Assistant Deputy Coroner [2008] EWHC 3356 (Admin) Date of judgment: 3 December 2008

Article by Anand Doobay, Partner and Jo Dimmock, Associate in the Fraud and Regulatory Department, Peters & Peters Solicitors

Background

The claimant was the mother of John Charles de Menezes ("Mr de Menezes") who was shot and killed by police firearms officers. At an inquest into the death, the coroner ruled that a potential verdict of unlawful killing could not be left to the jury. This left the jury with only two available verdicts;

1. an open verdict and;
2. lawful killing.

The coroner additionally gave the jury a questionnaire with a series of questions to indicate which of the factors set out contributed to the death of Mr de Menezes. The jury could only answer in the boxes labelled "Yes", "No" or "Cannot Decide". The coroner refused an application by the claimant's representatives who proposed that certain additional