Doubts cast shadow over fatal police shooting case

Published on 22nd March 2007 in News

Senior lawyers who investigated the shooting of Simon Murden on the A63 near North Cave concluded there was enough evidence to prosecute the two police officers involved, it was revealed today.

However, their conclusions were overruled by the Director of Public Prosecutions, Ken Macdonald, who had 'reservations about the sufficiency of the evidence'.

Mr Murden (26), a Beverley charity worker, was shot dead on the A63 near North Cave by officers after he drove the wrong way along the carriageway on March 22, 2005. Police said they used live ammunition after baton rounds failed to stop him.

When announcing that there would be no action taken against the police last October, Mr Macdonald said Mr Murden had been behaving in an 'unpredictable manner', carrying "a form of weaponry that was capable of inflicting fatal injuries".

However, family and friends disputed that he was a danger and claimed he was suffering a breakdown.

Senior prosecutors were asked to compile the report on the shooting. They included Sheelagh Judge, from the CPS specialist crime centre, and advisers Robert Smith, QC, and Adrian Waterman, QC.

They agreed there was sufficient evidence to charge the two officers but Mr Macdonald overruled them and wrote to Mr Murden's family explaining the decision.

In the letter, Mr Macdonald wrote: "Having reviewed all the available evidence, and with the benefit of counsel's advice, Ms Judge reached the conclusion that the evidence was sufficient to justify the institution of proceedings against both officers."

He said he 'remained doubtful' about the evidence and added: "In view of this continuing difference of opinion, I decided that I should assume responsibility for reviewing the case and taking the final decision."

Family shocked at decision

Mr Murden's mother Dorothy this week said the family had been "horrified" at the decision not to prosecute.

She revealed that the family received the letter last year, but had been advised not to make it public while they were seeking leave to appeal the decision.

High Court Judge Mr Justice Collins turned down their appeal a fortnight ago. The family now faces being means-tested for legal aid to fund representatives at an inquest, expected to be held later this year.

Simon's father, David Murden, said: "We have had to move on a long way since getting the letter. We have more things we have to look at now."

A spokesperson for the Crown Prosecution Service said: "The Director of Public Prosecutions is head of the CPS and takes ultimate responsibility as the head of service."