Monday, 16 September 2013
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MR UNDERWOOD:
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THE ASSISTANT CORONER:
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7
Thank you very much.
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I will rise
now so 2 o'clock, please, then.
(12.48 pm)
8
9
That's what I will do.
(The short adjournment)
(2.00 pm)
THE ASSISTANT CORONER:
If I just indicate that as far as
11
the order that I made respecting publicity under
12
section 4(2) is concerned, that continues.
13
review its operation next Monday at 2.00 pm.
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I will
But as far as these proceedings now, these are now
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open and public proceedings, to which no restriction
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order applies.
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published and I will now propose to ask the jury panel
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to come into court to go through the selection
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procedures and then there will be a short break at the
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conclusion of that if anything needs to be raised at
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that point.
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Everything is now open and can be
So I will ask the jury panel be invited to come in
and take their seats at the back of court.
(The JURY IN WAITING entered the court)
THE ASSISTANT CORONER:
Thank you all very much.
58
Just all
1
have a seat for the moment and I will have a few
2
remarks, if I may, addressed to you, after which then
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a certain number of you will then be called forward into
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the jury box, which is that area there, as you can see
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in court here.
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Firstly, let me apologise to you all that you have
7
been waiting around this morning for a while.
These
8
things do happen.
9
that lawyers put forward sometimes do get altered
Sometimes all the best timetables
10
a little bit, as some of you will find out as we go on
11
with this hearing.
12
pleased that you are all here now and that we can now
13
proceed to empanel some of you on this jury.
14
I do apologise for that but I am
I know that in advance of this you have been
15
summonsed here by the coroner's court in north London to
16
sit on this Inquest and that, with the information that
17
you were sent, was the indication then that this is
18
likely to be a hearing which will require you to sit
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here for eight to ten weeks.
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warned about that and that some of the people who have
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particular qualifying excusals have been able to put
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those forward.
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I know that you have been
I hope the length of time of this Inquest is not
24
a difficulty.
But as I have already indicated, and
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I think you have been told by the jury bailiffs that you
59
1
have had the advantage certainly of being able to put
2
down on a piece of paper any other further reasons that
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you may feel would cause difficulties.
4
pass those to me if your number is called in due course.
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There are some further questions that I must now put
Please, you can
6
to you and I will do that so that you can write these
7
down if you wish to, or indeed you can raise them in
8
court here in due course if your number is called and
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you are asked to come forward.
10
11
12
The jury questions that we have all agreed that
should be asked of you all are these:
Do you have, or have you had, any direct connection
13
with the Metropolitan Police Service, the Independent
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Police Complaints Commission or the Serious Organised
15
Crime Agency?
16
So any direct connection with the Metropolitan
17
Police Service, the Independent Police Complaints
18
Commission or the Serious Organised Crime Agency.
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The second matter: do you have or have you had any
20
direct connection with Mark Duggan's family or did you
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at any time know Mark Duggan?
22
Again, if that is the case that you have, or you
23
believe you have, then you must let me know, please.
24
25
The third question: do you have, or have you had,
any direct connection with anyone or any business which
60
1
suffered during the incidents in London in August and
2
September 2011.
3
So direct connection.
Obviously, many of you will
4
have had some knowledge, connection -- memory of it but
5
direct connection with anyone or a business that
6
suffered as a result of the incidents in August and
7
September 2011.
8
9
So those are the formal questions.
What will happen
in due course is that I will ask the counsel to the
10
Inquest to read out the names of the witnesses.
11
I think probably the best thing for us to do is to go to
12
the stage now where 11 and then 2 -- so 13 -- are asked
13
to come forward and then at that stage I shall ask him
14
to read out the names of those witnesses who are likely
15
to be giving evidence, just in case those names should
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be familiar to you and you think you know them or you
17
have some connection with them.
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But
So thank you very much for your attention so far.
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What we will do now is I will hand you over to the clerk
20
of the court who will then at random select the numbers
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which I know you all know which number you all are.
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Let's see how it goes.
23
24
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Selection of JURORS
THE CLERK OF THE COURT:
Members of the jury in waiting,
I shall now ballot for the jury.
61
When I call your
1
number, please answer and go to the jury seats and sit
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down in the order in which you are called.
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4
5
35.
THE ASSISTANT CORONER:
You sir, would you like to come
forward then, please.
6
THE CLERK OF THE COURT:
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THE ASSISTANT CORONER:
8
9
36.
37.
38.
Let me just see, I have a note.
(Pause)
Thank you very much, [number] 37.
I think that, in
10
those circumstances, I will excuse you from attendance
11
on this Inquest.
12
know.
13
onto that and then we will ask [person] who is number
14
38, if you would move to your right, then we will ask
15
another number to come forward to sit in that seat.
16
Thank you.
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So if you would like to return back, I will hold
THE CLERK OF THE COURT:
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13.
19
16.
20
15.
(Discussion between THE CLERK OF THE COURT and THE ASSISTANT
21
22
Thank you very much for letting me
CORONER)
THE ASSISTANT CORONER:
I think [they] should stand down.
23
Thank you very much then, that's the [person] who is
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number 13.
25
Thank you very much.
Sorry to call you numbers that's rather impersonal,
62
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I'll tell you about that in a moment.
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THE CLERK OF THE COURT:
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THE ASSISTANT CORONER:
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you very much.
5
(Pause)
6
46.
4.
6.
47.
Let's press on.
19.
20.
I have a note from number 19.
Thank
Let's have a look at that, thank you.
Sorry to see that.
In which case, yes, the [person]
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who's just been called and handed in this letter can now
8
be excused.
9
it -- whoever sent me the letter.
I am just trying to -- number 19, isn't
10
written on the top of it.
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as number 47 may now be excused.
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I have a number 47
That's from you, is it?
You
So if the [person] who is number 19 or 20 can remain
13
there -- I have a note from the person at number 20.
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Thank you.
15
16
17
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(Pause)
No, for very good reason, thank you very much, yes,
you may be released.
THE CLERK OF THE COURT:
THE CLERK OF THE COURT:
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THE ASSISTANT CORONER:
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22.
23.
24.
25.
(A note was handed to THE ASSISTANT CORONER)
19
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Thank you, number 20.
22.
Thank you very much.
Yes, I understand that.
Thank you very much.
the lady number 22 may be released.
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THE CLERK OF THE COURT:
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THE ASSISTANT CORONER:
25
THE CLERK OF THE COURT:
So
Thank you.
26.
Let's see if there are any other -Number 23.
63
(Handed) (Pause)
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THE ASSISTANT CORONER:
Yes.
I understand and I thank the
2
company for writing in and I think in the circumstances
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I will excuse juror number 23 from service, thank you
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very much.
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THE CLERK OF THE COURT:
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THE ASSISTANT CORONER:
27.
(Pause)
Thank you all very much.
Now, the
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next stage -- we go carefully stage by stage but we are
8
getting there and thank you very much for coming forward
9
into the jury box, is for me to call upon
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Mr Ashley Underwood QC who's going to read out the names
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of witnesses who are named who are going to be giving
12
evidence hopefully from that witness box, just to make
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sure there's no one there who may be your neighbour or
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somebody you know.
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So concentrate and I will also ask those at the back
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also to concentrate in case anyone does know a name you
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might be called forward to take the place of that juror.
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So I will ask Mr Underwood to do that now.
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MR UNDERWOOD:
Good afternoon.
It's quite a lengthy list
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I'm afraid.
21
here are only going to be known by their initials so
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it's going to be a bit of a guessing game so I will try
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and explain who those who have been initialled may be.
24
The first on the list is Mohammad Ali he worked in
25
For good reason, a number of witnesses on
a taxi office in Hoxton Cars Limited in August 2011.
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1
2
The next witness is Christopher Allen, who was
a uniformed police officer.
3
Next is Gary Arkless who was another police officer.
4
There's a Mohammad Asif who also worked in Hoxton
5
6
Cars Limited in August 2011.
We then have a number of officers who worked in
7
a part of the Metropolitan Police called SCD11.
8
I cannot give you their names.
9
surveillance team, so if any of you who knowingly know
SCD11 is the
10
of police officers who may have been in that police
11
surveillance team then that's who they may be.
12
13
Next is Michael Barber, a police officer who came
and tested a pistol found in August 2011.
14
Then there's a paramedic called April Barter.
15
Next is a Metropolitan Police officer who worked in
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the Hackney area called Detective Sergeant
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Andrew Belfield.
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Next is a forensic scientist called Andrew Bell.
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Then Nicholas Bennett who was an officer working --
20
police officer working in the Metropolitan Police,
21
giving tactical advice.
22
23
Then there is a civilian called Darren Biggs who
lived around the Tottenham area.
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Then a uniformed officer called Stephen Boswell.
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A gun shot residue expert called Mark Bowden.
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1
2
3
Another paramedic from north London called
David Brennecke.
Then an imagery expert, that is somebody who tested
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DVDs who we will be hearing from in due course, called
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Clive Burchett.
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7
8
9
10
11
12
13
14
15
16
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18
19
20
21
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A lady witness Z, who's another
civilian at the scene.
Next another police officer who attended the scene,
he's called Paul Christiansen.
Then we come to an orthopaedic surgeon called
Jonathan Clasper.
Then Luke Clow, another civilian who was at the
scene.
A crime scene manager working with the Metropolitan
Police called John Cockram.
Then a very senior police officer called
Stuart Cundy.
Somebody who worked for a car pound in Perivale
called David Cunningham.
Another police officer who worked for operation
Trident called Paul Dempsey.
Then we come to two firearms officers -- firearms
23
instructors, I should say, for the Metropolitan Police
24
Service, Simon Dobinson and Shaun Dowe.
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Then a civilian at the scene called Emil Drzewiecki.
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2
3
4
5
6
7
8
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Then there's a relative of Mr Duggan called
Marlon Duggan, that's Mark Duggan's brother.
Another police officer, working for the armed
service of it, that's called Brian Elliott.
Then Kieran Ely O'Carroll, who's a civilian who was
at the scene.
A police officer working as a post incident manager
called Neil Evans.
Another of the police officers in Hackney area who
10
did some detective work on this called Detective
11
Constable Steve Faulkner.
12
13
14
A specialist search officer for the police service
called Paul Fitzgibbon.
Then a Trident police officer who was the senior
15
investigating officer for the operation we are
16
discussing here; he's called Mick Foote.
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18
19
20
21
22
23
24
25
There's a specialist in drugs analysis called
Alexander Forrest.
Another CO19 -- that is armed police -- officer,
called Jim Fowler.
There's another police officer from the Hackney area
called Lloyd Gardner.
A further armed police officer who attended the
scene called Dan Gibson.
There's a doctor who came in the helicopter
67
1
emergency service called William Glazebrook.
2
A recovery driver called Nicholas Goldsmith, who
3
picked up a minicab after this and took it away from the
4
scene.
5
6
Then another couple of civilians at the scene.
One
is Norman Grodentz, then Nino Hamadouche.
7
There's a searcher from the Metropolitan Police
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specialist search team called Christopher Hannigan.
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Another civilian at the seen called Finbar Hanrahan.
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A policeman who attended the scene, Steve Hartshorn.
11
Again, a very senior police officer who is involved
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13
14
15
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17
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19
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in this called DAC Hewitt.
Another recovery driver who picked up the minicab
called Colin Hodge.
Another police officer who dealt with the gun here
called Gareth Hughes.
A gentleman who's alleged to have provided the gun
to Mr Duggan called Kevin Hutchinson-Foster.
Then an IPCC investigator called Gareth Jones.
I will in due course explain what the IPCC is.
21
A forensic scientist called Saranjeet Kehra.
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Another IPCC investigator called David Kirkpatrick.
23
A finger print analyst called Jacqueline Landais.
24
A crime scene manager for the police called
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Patricia Larrigan.
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1
Another police officer in the directorate of
2
professional standards called Katie Lilburn, she's
3
a detective inspector.
4
A senior police officer, the strategic firearms
5
commander for this firearms operation, called
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Fiona Mallon, a superintendent.
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8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
A staff member of a car pound in Perivale where the
minicab was take called Paul Martin.
A civilian at the scene called Valentine McGuire.
A police officer from Durham who acts as
an independent expert called Helen McMilan.
There is a further gentleman who worked in the taxi
office who is called Ajaz Mir.
There is another searcher, police searcher, who
attended the scene called Paula Mugglestone.
A post-incident manager who attended called
Tony Nash.
Yet another specialist search officer called
Scott Nicholls.
Another civilian at the scene called
Richard Nobel-Thompson.
Then a further crime scene manager called
Malcolm Nott.
24
Anne-Marie O'Connor, who is a forensic scientist.
25
Richard Omotosho, another IPCC investigator.
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1
2
Jonathan Orford, who's a further crime scene
examiner.
3
Jonathan Payne, who's a police exhibits officer.
4
Simon Poole, who's a pathologist.
5
Andrew Postlethwaite, who analysed some gun shot
6
wounds.
7
A pathologist called Derrick Pounder.
8
Then there are a number of firearms officers working
9
for the Metropolitan Police who won't give their names
10
for very good reasons and, again, if you know anybody
11
who is a firearms officer for the police and who may
12
have been involved in operations in August, then at the
13
moment the best I can do is say they may be included in
14
these unnamed people.
15
16
Then there's Steven Rainford who is a specialist
search officer.
17
I'm two thirds of the way through.
18
A gentleman called Gary Rennles, another one of the
19
20
21
CO19 armed officers who attended the scene.
A finger print officer -- a specialist rather,
called Ian Richards.
22
An exhibits officer called Rachel Samuel.
23
A duty officer at Haringey Police called
24
25
Caroline Saunders, who's an inspector.
A forensic scientist called Philip Seaman.
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1
2
Another forensic scientist who analysed gunshot
residue called Angela Shaw.
3
There's a toxicologist called John Slaughter.
4
Next there's a David Suddick, who's another senior
5
6
7
officer in the Hackney area.
Peter Suggett, who's another police officer who
attended the scene.
8
David Thorne is an imagery expert.
9
Then Franco Tomei, who's a ballistics expert.
10
11
Then there is Desmond Vanhinsbergh, who's another
forensic expert.
He analysed the DNA.
12
Michael Vaughan, who is a ballistics expert.
13
Harry Waddingham, who's another of the armed
14
officers, who is named, who attended the scene
15
afterwards.
16
Simon Ward, who's another crime scene examiner.
17
Danny Warner, a uniformed officer who attended the
18
scene.
19
Steve Williams, another DPS officer -- Department of
20
Professional Standards officer -- who attended later on.
21
Those are the named and generically unnamed officers
22
and if after an exhaustive list any of those are known
23
to you or you think might be known to you, that could be
24
relevant.
25
THE ASSISTANT CORONER:
Thank you very much, Mr Underwood.
71
1
I'm sorry that was a long and rather daunting list but
2
I hope you are able to hear that and you can let me know
3
if there's anyone there who you know, because what will
4
happen now is that we will now proceed on to swear the
5
first 11 of you.
6
a maximum of 11 people and we have asked two extras to
7
come along -- they won't be sworn in now -- but just in
8
case, having heard the opening, something arises and we
9
might need one or both of you.
10
11
12
13
So what will happen now is that we will swear in the
first 11 of you who have been asked to come forward.
So thank you very much.
You will hear the
instructions from the clerk of the court.
14
15
A jury at an Inquest consists of
Swearing in of THE JURY
THE CLERK OF THE COURT:
Members of the jury, when I call
16
your number, please stand, take the book in your raised
17
hand and read the oath aloud from the card.
18
have finished please sit down.
19
20
21
22
23
24
25
35.
(JUROR 35 sworn)
THE CLERK OF THE COURT:
36.
(JUROR 36 sworn)
THE CLERK OF THE COURT:
38.
(JUROR 38 sworn)
THE CLERK OF THE COURT:
15.
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When you
1
2
(JUROR 15 affirmed)
THE CLERK OF THE COURT:
3
4
(JUROR 16 sworn)
THE CLERK OF THE COURT:
5
6
THE CLERK OF THE COURT:
THE CLERK OF THE COURT:
THE CLERK OF THE COURT:
THE CLERK OF THE COURT:
24.
(JUROR 24 affirmed)
THE CLERK OF THE COURT:
15
16
19.
(JUROR 19 affirmed)
13
14
6.
(JUROR 6 affirmed)
11
12
4.
(JUROR 4 sworn)
9
10
46.
(JUROR 46 sworn)
7
8
16.
25.
(JUROR 25 affirmed)
THE ASSISTANT CORONER:
Thank you very much.
Right, thank
17
you.
18
that you are potentially part of the jury and you will
19
please be with us for the opening of the case in due
20
course.
21
In which case, as the other two who are there know
Now, what should happen now, and can I just enquire
22
really of the court officials?
As you know, we are here
23
in court 73, up in court 76 above is a live video and
24
audio feed for the press and other members of the
25
public.
I have a screen here to make sure everyone is
73
1
behaving up in court 76; that's just gone blank so
2
I just feel someone ought to know.
3
they can hear what's going on up there but please
4
whoever is dealing with this could they ensure that
5
I get that screen back as soon as possible.
6
I really hope that
But what will happen now, we will have a very short
7
break.
But firstly, let me turn my attentions to those
8
who are still seated at the back of court.
9
I may, the apology for you having to wait around this
I repeat, if
10
morning.
11
and very much being prepared to do your duty, as
12
a citizen, and it's a difficult duty because it can take
13
quite some time, as you have heard from the witness list
14
being read out, but I am pleased you have been able to
15
come along and respond to your jury summons and come
16
today ready to do that.
17
Can I thank you very much for coming in today
But it's quite apparent now that we now no longer
18
need you as jurors in this matter.
19
sure whether that means you are free to go completely
20
from any jury service anywhere or whether you may be
21
required for a week or two in some other court centre
22
but certainly, as far as we're concerned here, that
23
concludes you responding to your jury summons to come
24
here and, as far as this court is concerned, you are
25
free to go and do whatever else it was that you were
74
I am not absolutely
1
going to be doing tomorrow somewhere in London, no
2
doubt.
3
Anyway, can I thank you very much for coming along
4
and for the inconvenience that that's caused.
5
you for attending and if you would like to go now with
6
the jury bailiffs they will be able to deal with you and
7
let you know.
8
9
10
But thank
(The jurors who were not selected left the court)
THE ASSISTANT CORONER:
Let me now just address a few
remarks to the 13 of you who are here.
11
Let me tell you what's in store for you today.
12
What will happen is that we'll just have a short
13
break of five or ten minutes, allowing you to go back
14
into what will now become your jury room which will be
15
your home for the next few weeks.
16
down there, that will allow me to open up the back there
17
of the court for members of the press and members of
18
Mr Duggan's family, if they wish to be here, and any
19
other members of the public.
20
arrangement.
21
After you have been
So that's a practical
Then we will sit this afternoon.
What will happen
22
for the remainder of the afternoon, and it won't
23
hopefully be for too long, will be that I will begin the
24
opening of the case to you, telling you some legal
25
directions and giving you some warnings that I have to
75
1
do at the beginning of the case.
2
Then, that, as I say, will not go on for too long
3
hopefully, and that will conclude the proceedings for
4
this afternoon.
5
tomorrow morning at 10.30 and then you will be hearing
6
the rest of the opening delivered by Mr Ashley Underwood
7
who's just been speaking to you, really outlining the
8
evidence that's going to be called in this trial.
9
Then I will be asking you to come back
As you have already heard me say, we do have two
10
[people] there who have not yet been sworn in.
11
not an invitation to you but just in case, and this does
12
sometimes happen in long trials, that you may get home
13
tonight and realise that some reason or another which is
14
a good reason, means that you will be unable to sit for
15
eight to ten weeks on this jury.
16
This is
Then if that is the case, tomorrow please come along
17
with that reason being written down on a piece of paper
18
so I can see it.
19
and I.
20
I am the judge or coroner and what goes between you
21
and I is personal, we do not disseminate it to the
22
lawyers.
23
It's a personal thing between you
We work together as a team.
You are the jury,
So if there are some good reasons why you feel that
24
you will not be able to sit, then tomorrow morning or by
25
the end of the opening will be a good time because when
76
1
we start hearing evidence that's when I have to say to
2
the other two on the jury that -- to thank them and that
3
they are not required on the jury but at the moment they
4
have not yet escaped.
5
tomorrow or it may be slightly later.
6
to see.
7
So it may be that that will be
But we will have
So what I am going to ask now then is if you would
8
like to go with the jury bailiffs, I would normally give
9
a warning, please don't discuss the case but you haven't
10
heard anything about the case, and I'll be able to give
11
you all the warnings in a moment.
12
So please do nothing more than go with the jury
13
bailiffs, then you will come back through this door.
14
not worry about entering the court by a different door.
15
I will explain all that in due course.
16
like to leave us now for a short time.
17
18
Do
If you would
(In the absence of the jury)
THE ASSISTANT CORONER:
Thank you.
Just before I rise, as
19
I will do for a very short moment before I then start
20
the opening.
21
invited or requested to have a short moment of silence
22
in the view of the nature of this enquiry.
23
received encouragement to do so but I understand that
24
that's not fully supported.
25
might want to say anything Mr Stern?
I did sound out to see whether I was to be
77
I have
Would this be the time you
1
MR STERN:
Yes, sir, it may be.
May I say straight away
2
that I feel obviously that it's something that I raise
3
with a degree of reluctance but I do so nevertheless.
4
Can I say straight away that I understand the
5
sentiment, and of course every death in these
6
circumstances is both tragic and unwanted.
7
the feelings of the family and may I say that straight
8
away so nobody misunderstands what lies behind what I am
9
submitting?
10
I understand
This is of course an Inquest and there are a number
11
of issues, some difficult issues, to determine.
12
very important that all interested persons and the jury
13
understand that those issues will be looked at openly
14
and without emotion.
15
It is
The proposal, in my submission, is, I'm afraid, the
16
antithesis of that and it is also something that has not
17
been done, in my experience, for the coroner to
18
undertake a period of silence in that regard.
19
not of course mean that it cannot be done and I am not
20
suggesting --
21
THE ASSISTANT CORONER:
22
MR STERN:
23
24
25
That does
I have heard it being done.
Then our experiences are different; that's all
I can say.
There is absolutely no difficulty in, sir, you
expressing sympathy to the family and expressing that in
78
1
any way that you see appropriate, and expressing it on
2
behalf of everyone here.
3
that and I wouldn't seek to do that.
4
could be seen as a sense of pressure upon the jury and
5
that is something I know that you will want to avoid.
6
In addition to which, it could be misinterpreted by
7
officers.
8
you will appreciate, there is of course a version of
9
events as to what happened, that that does not
Nobody could complain about
But anything else
I won't say anymore about that because, as
10
necessarily accord with what may or may not be some of
11
the media attention that has been put out there.
12
13
THE ASSISTANT CORONER:
All right.
Thank you very much.
Sorry to put you in a difficult position on that.
14
I am not going to ask for thoughts from others.
15
I think that I will deal with it in a perhaps lower key
16
way than I might otherwise have dealt with that.
17
I will ask everyone at one point just to remain silent
18
for a short time but I won't have the dramatic standing
19
up or anything of that nature so we'll see how I deal
20
with it in due course.
21
All right, thank you very much.
But
I will just rise to
22
allow this court to be set up and my screens to be
23
repaired and take it from there.
24
25
(2.43 pm)
(A short break)
79
But
Thank you very much.
1
(3.00 pm)
2
THE ASSISTANT CORONER:
3
I will ask then for the jury to be
brought into court, please.
(Pause)
4
(In the presence of the jury)
5
Opening of the Inquest by THE ASSISTANT CORONER
6
THE ASSISTANT CORONER:
Thank you very much, members of the
7
jury, I'm sorry, we'll get a better set up system going
8
once we go under way with this hearing.
9
Let me just this afternoon begin the opening, which
10
I should and must and want to give you in relation to
11
this hearing, that you and I are really going to be
12
taking part together as a team, but you and I have
13
separate roles.
14
Let me just firstly explain, as I have already said,
15
that I have asked two extra members of the panel to
16
remain with the 11 of you of the jury, in case any
17
matter arises over the next day, which means that one or
18
two of the 11 chosen, if they are in genuine
19
difficulties, then obviously we can deal with it as the
20
case may be.
21
Let me address you all as members of the jury.
22
me say to you that you have now been sworn as the jury
23
in the Inquest into the death of Mark Wayne Duggan.
24
died on 4 August 2011.
25
You are the jury and I am the coroner.
80
Let
He
As you can
1
see, the coroners -- Inquest takes place without robes
2
on.
3
for some time.
We are here and will be based in this court room
4
An Inquest is a very different form of hearing from
5
other cases in other courts because nobody is on trial,
6
no organisation is on trial.
7
will not be deciding any questions of civil or criminal
8
liability.
9
You, as the jury of 11,
At the centre of the hearing is the concentration on
10
the tragedy, which is the regrettable loss of a young
11
life.
12
court today are a number of Mark Duggan's family and
13
friends, and to acknowledge the grief of those family
14
and friends, and to respect that loss, we will just
15
together have some moments of silence as we sit here to
16
recognise the seriousness of the hearing which we are
17
about to undertake.
18
19
It's right that you should know that present in
(Silence in court)
THE ASSISTANT CORONER:
Thank you.
As I have already said,
20
we are not looking at questions of civil or criminal
21
liability so what is it that we are about on behalf of
22
the family and on behalf of the State?
23
Well, it's a quest to find the truth.
This may
24
sound rather grand, but it is, in fact, an important
25
task and one which may take us a little time.
81
You will
1
not have to decide on the truth of everything that
2
happened involving Mark Duggan and various police
3
officers on that fateful day, but you will be needing to
4
decide key matters.
5
6
7
8
9
So let me now set out how the law sees your role in
this Inquest.
The role of a jury really comes into the four words
which is: who; when; where; how.
The first is to decide who.
There won't be any
10
difficulties about that because the deceased was indeed
11
Mark Wayne Duggan, and that is clear.
12
When?
You will be told that the likely time of
13
death would be shortly after 6.00 pm, perhaps 6.15 pm,
14
on 4 August 2011.
15
Where did he come by his death?
That again will not
16
be very much in contention.
He died on the pavement of
17
Ferry Lane in Tottenham north London at that time.
18
The fourth one is: how did he come by his death?
19
The actual cause of death is not very much itself in
20
dispute.
21
shot by an armed police officer who was at the scene.
22
But the word "how" also requires you, the jury, to
23
enquire into and decide not only the means of death but
24
the surrounding circumstances in which he came by his
25
death.
It is clear that he died as a result of being
82
1
It will also be your task to record the particulars
2
concerning the death as required by the statute, the
3
Registration Act but do not worry about this at this
4
stage, I will tell you more about this towards the end
5
of the Inquest.
6
7
8
9
So this is an Inquest in which you, the jury, are
playing the central role of deciding the facts.
It is not a public inquiry, as such, where a judge
or selected panel of people decide the facts.
This
10
Inquest is subject to the usual rules governing a court
11
of law.
12
example, some deal with wide ranging issues and often
13
they result in long written reports setting out all
14
sorts of various findings.
15
case.
16
Some public enquiries are televisised for
This is an Inquest.
But here that's not the
This is a court of law.
The
17
cameras that you see around are not broadcasting
18
television out to the world, they are merely recording
19
for use in the court room upstairs for those members of
20
the public and press who are unable to fit into this
21
court 73.
22
After my opening remarks, and this will happen now
23
tomorrow, the evidence will be opened by Mr Ashley
24
Underwood to you, and then in due course he, as counsel
25
to the Inquest, will be calling the witnesses into that
83
1
witness box right in front of you here.
2
At an early stage in the hearing -- and this is now
3
scheduled for Thursday -- you will have a view of the
4
scene that we are concentrating on.
5
a view of two areas, and the reason for that will be
6
given to you tomorrow when Mr Underwood opens the case.
7
But that will happen on Thursday because what I do not
8
want you to do is all go off and do your own research,
9
as I'll be saying to you in a moment.
Indeed, it will be
So it's very
10
important that at an early stage we will go and look at
11
the scene, because that will better inform you as you
12
hear the evidence about what happened there.
13
So when witnesses are called, it's a matter for you
14
to decide whether you wish to make notes.
15
soon as you sat down, notes were put before you.
16
don't have to write anything down at all, or you may
17
want to write things down.
18
happens, will be transcribed and will be available for
19
you electronically on the Inquest website and you will
20
be given details as to how to access the website later
21
on.
22
of the evidence there.
23
I notice as
You
In fact, the evidence, as it
You can do that and you will find the transcripts
What is important, I am not saying you can just sit
24
back and say "Don't worry about this, I'll think about
25
something else and I'll read it tomorrow on the
84
1
website"; that will obviously be wrong.
2
want you to be buried with your heads in your notebooks
3
writing down every note that you hear from the witness
4
box, thinking "Have I got that right or not", because
5
there will be that available for you to look at.
6
But I do not
So by far the most important task for you is for you
7
to see, as well as hear, the witnesses.
You will need
8
to assess them for truthfulness and for accuracy, how
9
reliable, how much weight can you put on their evidence.
10
There will be experts who will give evidence and you
11
will need to decide what weight to be given to their
12
opinions.
13
decided by experts.
14
evidence to assist you to come to your decisions because
15
the decision or decisions are for you and for you alone.
16
But this isn't a legal process which will be
Those experts are simply giving
Clearly, as I say, we want to help you as much as
17
possible through the access of the evidence, as I have
18
said, and indeed by you having the witnesses completely
19
in front.
20
evidence that you will then be in a position to make
21
conclusive findings of fact and draw conclusions from
22
those findings if safe to do so.
23
It's only when you have heard all the
So please wait until the end of the evidence before
24
you start doing that.
It will be going on over a number
25
of weeks, I am not saying that you must meet in the
85
1
morning and not talk about anything at all, but please
2
be very, very careful, just to sit back, don't worry
3
because you haven't heard anything, and the first few
4
witnesses -- first of all you may think it a little bit
5
confusing, it may take quite some time before the
6
picture of the jigsaw puzzle begins to be put together
7
to see what conclusions you can safely draw from the
8
evidence as presented to you.
9
Not only that, at the end of the evidence, it's my
10
task, and my duty, to sum up the case to you.
11
involve giving you directions on the law, which, please,
12
you will take from me and apply to direct your
13
consideration of the evidence.
14
will be said many times, but it bears repeating: the
15
evidence of course is for you and not for me but I must
16
review it with you and I will be able to do that knowing
17
that you have access to it either electronically or
18
indeed in hard copy form.
19
This will
As I keep saying, and
At that stage, I will then go through with you
20
available verdicts and other questions to be answered
21
then.
22
law in relation to coroners and Inquests at this stage.
23
But it's right for you to realise fully that you
24
will not be deciding, as I say -- again, you will be
25
hearing this again -- criminal or civil liabilities.
I am not going to anticipate by going through the
86
1
But, having said that, it may be the case that at the
2
heart of your considerations will be whether Mark Duggan
3
was killed lawfully or unlawfully.
4
that Mark Duggan sadly died as a result of a bullet
5
fired by a police officer.
6
that officer.
7
Inquest.
8
and we will no doubt all listen with particular care to
9
his explanations for his actions.
10
There is no dispute
You will hear evidence from
He has no burden of proof in this
However, he clearly will be a crucial witness,
I will in due course, as I say, give you full and
11
written directions to follow in considering your
12
verdicts or verdict but I thought it was right at this
13
onset to highlight what may be seen to be quite
14
an important and central part of the Inquest and your
15
search for the truth.
16
I want to apologise now if I sound a little bit too
17
strict or if I seem to be repeating directions and
18
warnings.
19
time.
20
certain warnings, as I'm required to do so by law, and
21
it's very important for me and you to comply with what
22
is expected of us in this very serious and important
23
hearing.
24
25
I am going to have to do that from time to
I'm sure you understand that I must give you
So let me turn to particular warnings which are said
to jurors when they sit in the Crown Court as well as
87
1
jurors sitting on Inquests, but they are very, very
2
important warnings that I'm sure you will take very much
3
to heart.
4
You each have taken an oath or affirmation to try
5
the case on the evidence.
6
yourselves bound by such oath or affirmation but what is
7
the true effect of that oath or affirmation?
8
9
You should consider
Well, firstly, the word that had you all started
saying at the beginning of that was the word "I".
So
10
that means that the responsibility to try the case, and
11
to reach the verdict, is on you, the 11 people who said
12
"I", no one else.
13
therefore do not discuss the case with anyone else
14
outside that number of 11.
15
informed discussion should only begin in earnest once
16
you have heard all the evidence, please if there are
17
discussions before then, whatever happens it must only
18
be between the 11 of you when you are together in
19
private in your jury room.
20
What does that mean?
Please
Whilst your full and
So that means, please, you must not discuss the
21
evidence or the case with other people.
22
may of course let those at home or work know that for
23
the present you are performing your civic duty as
24
a juror, please do not go into any further detail and
25
please feel free to blame me, I get blamed for all sorts
88
So whilst you
1
of things and you can please say look the coroner or the
2
judge has told us that we are not to discuss it, and
3
that's very important for you to do that.
4
There's an important aspect of this too, especially
5
these days, that it's very important for you not to
6
broadcast your thoughts on Facebook or Twitter or any
7
other social media so please, I do not want you to do
8
the first thing you do as you leave this court room this
9
afternoon saying "Hey everybody, guess what I'm doing,
10
I'm sitting on a jury" because that will only invite
11
comments from other people who want to have their ten
12
penny worth.
13
Because this will be an interesting hearing.
There
14
will be matters of importance for you to decide and hear
15
from and I'm sure there will be people who want to tell
16
you what they think about it all and we must not have
17
that.
18
to say but please do not tell them, therefore, any
19
details at all about what you're doing.
20
"Terribly sorry, I'm on a jury at the moment and
21
I cannot discuss it".
22
that by the judge or coroner or whatever you want to
23
call me.
Not only are we not interested in what they have
Just say
As I say you have been told to do
24
That's the first warning attached to the word "I".
25
The second warning is you have promised to try the
89
1
case on the evidence.
What is the evidence?
That
2
brings me to the next important warning because evidence
3
is what happens principally in this court room.
4
includes the oral testimony, what the witness is going
5
to be saying from that witness box.
6
be some written documents, there won't be that many but
7
there will be some written documents and photographs and
8
such like and there will be experts as well giving
9
opinions.
It
There are going to
That all happens in the court room and that
10
will be evidence.
11
that's all part of the evidence and for your
12
consideration as well.
13
deciding it on: what happens here and attached in that
14
way.
15
Your visit to the scene on Thursday,
But that is what you are
So it's very important for you to know what you
16
therefore mustn't do, which is of course your own
17
research.
18
immediately to go on the Internet or other sites and put
19
in the name "Mark Duggan".
20
human thing to do but I want you to resist that, please.
21
It's very, very important that you do.
22
Now I'm quite sure that you will be tempted
It's a perfectly natural
Because there is quite an amount of material on the
23
Internet and elsewhere about Mark Duggan, about this
24
fatal matter that you are going to have to decide about,
25
and about all the surrounding issues.
90
Please, some of
1
that information is unreliable and inaccurate, much of
2
it is comment and opinion, which we just don't want.
3
None of it's really helpful or relevant to you in your
4
new task.
Certainly what it isn't is it is not
5
evidence.
It's not something which here all the 11 of
6
you are listening to called by the barristers in this
7
case.
8
you not to do that.
9
So it really, really is important, please, for
If, in fact, it comes to my notice that anyone is
10
doing such research, I might have to stop the whole
11
Inquest and start all over again with a new jury and you
12
will understand that that would not only cause,
13
obviously, great expense and inconvenience but would
14
cause genuine distress to witnesses and the family and
15
all those other people involved in this matter so it's
16
very, very important, please, for that not to happen.
17
So the important thing is please just concentrate on
18
the evidence that's put before you.
We plan that we
19
will have all the relevant evidence that we are able to
20
get to put before you.
21
a long list of witnesses.
22
search for the truth is for us to go out -- I say "us",
23
that's myself and counsel and the team for the
24
Inquest -- to see what we can find that might possibly
25
help you.
That's why there was quite
Part of the duty of the
91
1
There will of course, during the course of this
2
hearing, be some publicity and there will be and there
3
is press interest.
4
is not evidence.
5
are very helpful and useful on many occasions, but here
6
it's very, very important.
7
comment, and is entitled to publicise what's going on,
8
it's all part of a free and open society.
9
Again, please be careful.
All that
I am not criticising the press, who
The press is entitled to
But often the press coverage is inevitable to be
10
selective, it may not necessarily be impartial or
11
complete and thus can present a view which is sometimes
12
inaccurate.
13
I am very keen these proceedings should be as
14
transparent and open as possible, so I do not want to
15
put any restrictions on the press saying what they wish
16
within the press guidelines.
17
I'm confident that the press will not wilfully
18
misrepresent the evidence.
But mistakes can be made and
19
really the truth of the matter about all of this is that
20
you are the ones who will actually be hearing the
21
evidence.
22
right there. you will be seeing the witnesses, much more
23
than anybody else.
24
what some people have said, no doubt in the press, it's
25
much better for you to ignore that because you are there
You have the front seats, you're positioned
Whilst there will be comment about
92
1
right -- the best seats in the house, able to see the
2
witnesses, able to come to your conclusions, it's your
3
conclusions that matter not affected by anything else
4
that you may have seen or read.
5
So, please, remember that.
I'm sorry if I'm
6
sounding like a grumpy headmaster going on with all
7
these warnings but it is important for me to go through
8
this for you at this stage.
9
So, as I have said, please do not let anybody speak
10
to you about this Inquest, whether it's in this building
11
or travelling to and from, or whether you are at home or
12
indeed even in your own neighbourhood.
13
serious concerns about anything which takes place, even
14
within your own number, within the jury room, then
15
please raise it with a written note through the usher to
16
me.
17
concerns write it down and let me know because the
18
sooner any problem comes to me the sooner and better
19
hopefully it can be resolved.
20
If you have any
As I say, I am the one -- if you have some real
So whilst you each heard the questions that I've
21
asked of you and thus confirmed that you have no direct
22
connection with the police or Mark Duggan's family, or
23
indeed were not a victim of the London incidents, you
24
will have some prior knowledge of some of the facts, I'm
25
sure, and this is why it really highlights what I have
93
1
2
to say.
As an example, you have heard Mr Ashley Underwood
3
mentioning a man called Mr Hutchinson-Foster.
4
was a man who stood trial, and indeed was eventually
5
convicted of supplying a firearm to Mark Duggan on the
6
day we are concerned with, on 4 August 2011.
7
Now, he
He is a man who's in fact in prison, but we plan to
8
call him so that he can give his account of what he says
9
on that day.
I will give legal directions in due course
10
as to how you should approach that evidence, bearing in
11
mind the conviction that he now has.
12
However it is important for you to realise that
13
there is a very great limitation on that conviction for
14
that man.
15
rest of the case.
16
material about the gun found at or near the scene of the
17
shooting.
18
your own conclusions about these matters, and what
19
I have just mentioned about that conviction is just one
20
part of the story.
We have to look at it in the context of the
You will need to consider a lot of
You will be directed and will need to come to
21
So now back to some general observations from me.
22
All in all, it's vital that you are comfortable and able
23
to concentrate on the evidence without worrying about
24
any external factors.
25
I decided, as there are so many witnesses that are going
So there is no mystery about it.
94
1
to be called given their names and numbers without
2
giving any details that we just simply don't need to
3
know names and so I have decided, as happens in a number
4
of other jury trials now, that everyone should just have
5
a number so that's why you were given numbers.
6
nothing more sinister about it than that, because I want
7
you not to worry about yourselves, I want you to worry
8
about sitting there and concentrating and deciding on
9
which reasons witnesses you are relying, which ones you
There's
10
think "Yes, that sounds truthful and I am not so sure
11
about that piece of evidence or whatever it may be".
12
I do not want you to be ill at ease at all.
13
Also, sometimes, members of jurors in long cases can
14
find that some things crop up in their personal lives.
15
There may be an important medical appointment or sadly
16
sometimes there may be a family funeral or something of
17
that nature.
18
I do not want you to be sitting there worrying about it,
19
you write me a note and then I can arrange and say right
20
we will not sit on that afternoon or whatever it may be
21
and we will be able to work round that.
22
want you to be anxious about that.
23
If there's something like that happens,
So I do not
So the hearing timings, and that brings me on to
24
that, are actually going to seem to you to be not
25
particularly onerous but don't worry, they are long days
95
1
and they are very tiring but, in fact, what happens is
2
there's a lot of administrative work goes on over this
3
side of the court are the legal teams who will be
4
introduced to you tomorrow, they represent a number of
5
people that we call interested parties who have interest
6
in this hearing and they will be asking questions of
7
witnesses in due course.
8
9
So whilst around the hearing there are these legal
matters, administrative matters to deal with, I have
10
decided, in an effort to make sure that we concentrate
11
and use your time as best we can, that we will have
12
a sitting pattern which in the normal week -- let's say
13
what next week is going to be -- we will start on Monday
14
at 2 o'clock.
15
able to see if there are matters we need to deal with
16
for the week ahead.
So that's so in the morning we will be
17
You will start at 2 o'clock through to about 4.30 or
18
thereabouts whenever a convenient moment for the witness
19
and Tuesday, Wednesday, Thursday, 10.30 to 1.00, 2.00 to
20
4.30.
21
matters again so you will not be sitting on Fridays.
Then on Friday we will be dealing with legal
22
That's the way we are proposing to go.
23
It may be that there will have to be some alteration
24
to that but please you can begin certainly to plan your
25
own personal lives around the basis, certainly for
96
1
a number of weeks, you will be able to have Fridays --
2
you will not be sitting on a Friday.
3
a time, we'll see how it goes, that we will have to look
4
at that again but certainly for the next few weeks that
5
will be the position here.
6
There may come
You will understand that sitting there, it sounds
7
quite easy, 10.30 -- there have been a lot of press
8
publicity about how short hours lawyers work.
9
don't, actually, there's an enormous amount of work that
They
10
goes on all around that day and, believe you me, being
11
a judge dealing with jurors for many years now, to sit
12
here and concentrate on witness' evidence for two hours,
13
two and a half hours is quite long enough.
14
want you feeling tired, losing concentration because
15
that obviously would not be justice being done as well.
16
So that's the framework of the days.
So I do not
As you know
17
you will have, sitting to your right, the juror usher
18
and bailiff and he will be available if there's any
19
problems at all.
20
It's thought the hearing will last about eight,
21
nine, ten weeks, something like that.
It may go shorter
22
than that, please do not be disappointed if that
23
happens.
24
have to see how it goes.
25
start for you hearing evidence.
It may go a little bit longer we are going to
There may be a little delay to
97
It may be on Monday
1
afternoon that you will be hearing evidence for the
2
first time but we will see how it goes.
3
What is important, that we are dealing with a case
4
of complexity and seriousness and we all want you to be,
5
as I say, as comfortable there, able to concentrate and
6
listen to all that's being asked of by the barristers
7
and answered by the witness.
8
Now, as I say, the opening that I am going to really
9
supervise, if I can put it that way, is divided into two
10
parts.
11
dealing with the warnings that I must give to you, how
12
to conduct yourselves as jurors of this Inquest.
13
The first is the one I have just given you,
As I say, I've asked you not to discuss the case or
14
the facts.
15
that at all as yet by me because I am not going to tell
16
you.
17
going to open the facts of the case from the
18
prosecution.
19
I have said by way of warning, but also will be able to
20
give you a much fuller -- will be giving you a much
21
fuller version of what the witnesses will say when they
22
come to give their evidence then.
23
You really haven't been told very much about
That's going to happen tomorrow.
Mr Underwood is
He will no doubt repeat some of the things
But I think that probably, as you find yourself in
24
a very new position as jurors, I think it probably
25
better, rather than me to call on him to start now,
98
1
I think we'll leave that all over until tomorrow
2
morning.
3
4
So it will probably you, Mr Underwood, most of the
morning to tell the jury your opening?
5
MR UNDERWOOD:
6
at least.
7
Yes, I should think an hour and a half or two
THE ASSISTANT CORONER:
8
tomorrow morning.
9
in due course.
That's what we have in store for
We'll see where we go to after that
But for the moment then, in a few
10
moments time, I will be asking you to leave us and to be
11
ready to start again at 10.30 tomorrow.
12
start off with all those warnings, ringing in your ears,
13
you wonder what you are able to do.
14
an important task you're doing and it's right that
15
I have to set out those requirements of you.
16
requirements of me as well, and it's important,
17
obviously, that we, as a team, work together on our
18
respective roles within this Inquest.
19
So I'm sorry we
But it is
They are
So thank you very much for listening so patiently
20
and attentively to me.
So I'll ask you now, with the
21
jury bailiffs to conduct you from court and if you would
22
like to follow -- I think the entry and exit from court
23
is going to be by me, so if you would like to come
24
through that door again and we'll meet again tomorrow
25
morning.
99
13
14
(The Inquest adjourned until 10.30 am on
Tuesday, 17 September 2013)