NO criminal charges will be brought after a police officer was shot dead in a training exercise.
Ian Terry, 32, was fatally shot by a colleague last June at a disused warehouse in Manchester.
Today the Crown Prosecution Service announced that it will not bring any charges in relation to his death.
Pc Terry was not wearing body armour when he was hit by a shotgun cartridge, designed to deliver CS gas, which was filled with white powder.
He was sitting in a car and playing the role of a criminal in the exercise. His family say he was not instructed to wear body armour.
A specialist CPS team had to decide whether or not to charge the officer who shot Pc Terry with manslaughter gross negligence.
It also had to consider the possibility of charges against the force for corporate manslaughter, and individual firearms instructors involved in the setting up of the exercise.
Prosecution
GMP had set up a £1m 'contingency fund' to pay any fines or legal fees. The force could still face prosecution by the Health and Safety Executive.
CPS lawyer, Mark Auty, of the Special Crime Division said: "Having reviewed a full file of evidence following a thorough investigation by the Independent Police Complaints Commission I have decided that there is insufficient evidence to charge the Greater Manchester Police or any individual officers with the offences which I considered in relation to Pc Terry's tragic death.
"I considered an offence of corporate manslaughter against the Greater Manchester Police but there was insufficient evidence that Pc Terry's death was caused by decisions taken at senior management level so I was therefore unable to bring a charge.
"In relation to the officer who shot Pc Terry and those other officers who were involved with the training session on that day, I considered the offence of gross negligence manslaughter.
"To bring this charge I would have to prove, along with other factors, that their actions on that day were grossly negligent.
"There was insufficient evidence to prove this element.
"Finally I considered whether any of the officers involved in the training exercise could be charged with an offence of misconduct in public office.
Evidence
"There was insufficient evidence against any of the officers to prove that they wilfully neglected to perform their duties or wilfully misconducted themselves to such a degree as to amount to an abuse of the public's trust, without reasonable excuse or justification.
"The family of Ian Terry has been informed of my decision. I have extended my condolences to them and offered to meet with them to explain my decision further."
Under the Corporate Manslaughter and Corporate Homicide Act 2007, an organisation is guilty of corporate manslaughter if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a relevant duty of care to the person who died.
A substantial part of the breach must have been in the way activities were managed by senior management.
Pc Terry, an officer with the Greater Manchester Police Tactical Firearms Unit, was fatally wounded in the torso whilst acting as a role player during a training session.
The exercise involved the use of round irritant personnel rounds fired from a shotgun with the intention of deflating the tyres of a vehicle carrying PC Terry.
The Health and Safety Executive will continue its investigation into PC Terry's death.
Officer killed in gun exercise
Cops stop training with killer round
Family's tribute to 'best dad'
Tragic cop helped trap gun runners
You need Flash player 8+ and JavaScript enabled to view this video.
Tweet
Showing comments 1 to 20 and replies | View All
rlfan, greater manchester (07/04/2009 at 13:34)
they looking after their own...again
BLUE TRUTH, Lowton (07/04/2009 at 13:49)
wonder were the £1M contingency fund came from.So dont worry residents of manchester just pay your poll tax and stop asking questions understand.
BDZ, UK (07/04/2009 at 13:50)
At the end of the day, an officer has accidentally shot and killed one of his colleagues and friends in a freak occurrence. What's the point in bringing a prosecution for what is ultimately a horrible accident?
The CPS have made the correct decision.
Hamish Macbeth, Whitefield (07/04/2009 at 13:50)
Er no - those days are well gone. be under no illusion - the police will prosecute the police. Chiefs will gain promotion by getting a prosecution against their own. Police Officers are punished more than most at court. A Police Officer was jailed for 7 days for his first offence of slashing a car tyre when on duty....Police Officers lose their job if convicted of drink driving....
yet MPs, Judges, Barristers and Solicitors do not....
The only people "looked after" are the Politicians.....no charges over cash for honours, dodgy dossiers and fraud on expenses....
rlfan - direct your cynicism elsewhere
BLUE TRUTH, Lowton (07/04/2009 at 14:05)
Hamish Macbeth, Whitefield (07/04/2009 at 14:23)
There is not much way around this for any Public Service?? That is why they are called a public service - because they are paid for by the public.
The only ones who benefit in anything like this are m'learned friends...the fines go back into the public purse...to be spent on MPs porn and bbqs
7501 , Manchester (07/04/2009 at 14:26)
The stinking kipper, pinned under the table (07/04/2009 at 14:28)
Hang on, there's an item in the MEN today about a lad from Heywood who got a four and half stretch for accidently killing a family friend when he smashed a glass.
Someone is always to blame for an accident. Isn't that why the police feel free to do people for due care in minor road accidents.
Sorry, but as usual it looks bad.
Enigma, Trafford (07/04/2009 at 15:37)
From what I understand it was his mate and partner that pulled the trigger, do you not think that he has spent everyday since this tragedy thinking of the what ifs? If only?
Then think about what would happen if a decision to prosecute the officer that pulled the trigger. Would anyone wish to be trained as a firearms officer? I would throw my ticket in straight away. Criminals would have a free hand to carry a firearm whenever they wanted and it would be the public that would pay in the long run.
I have every sympathy with the officers involved but mostly with Ians family and I feel that their wishes must have been considered and their loss never forgotten
rlfan, greater manchester (07/04/2009 at 15:38)
frazzo (07/04/2009 at 15:39)
Chris P. Duck (07/04/2009 at 16:24)
BDZ, UK (07/04/2009 at 16:41)
I'm well aware people are entitled to opinions, and they're also entitled to have their opinions criticised and debated in a public forum. I criticised rlfan because he/she has made a pronouncement on a complex case when they are clearly not familiar with the circumstances or the details of the incident and do not know any more than what they've read in the MEN.
There's also a massive difference between this and the lad from Heywood who threw a bottle. One was a deliberate and malicious act that had consequences beyond what the lad probably intended but was malicious nonetheless. The copper shooting was an unintentional accident, not a crime, just the same as if a builder killed his mate by accidentally dropping a brick off a roof or similar.
The Police and CPS will do anything they can to bring a charge against a copper for reasons others have already mentioned, I highly doubt there's been a cover up.
Macc Girl (07/04/2009 at 16:46)
This was a freak accident where a legally-fired round apparently ricocheted off the dashboard and hit PC Terry. No comparison can be drawn legally and no comparison should be drawn morally.
Hope all GMP officers are wearing body armour for any training exercise where rounds are fired in the future.
Nemo (07/04/2009 at 18:08)
The Voice of Reason, Manchester (07/04/2009 at 20:14)
rlfan, greater manchester (08/04/2009 at 08:25)
Family not happy with decision, not told to wear body armour screams of negligence & not one person is stepping up & saying yes the officers life could've been saved if we told him to wear armour.
But an expert says armour wouldnt have saved him "is that saying police armour isnt up to standard, thugs have equal if not greater powerd guns to hand.
Hope the truth will out
The stinking kipper, pinned under the table (08/04/2009 at 08:33)
rlfan, greater manchester (08/04/2009 at 15:01)
The stinking kipper, pinned under the table (08/04/2009 at 15:17)
oes this apply to today's other big story reported in the papers? Is the video evidence wrong. As you are clearly an expert on thing police-related, we await with baited breath your comments.