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Mark Duggan inquest judicial review to start
Tuesday, 08 July 2014
Shot dead: Mark Duggan
A LEGAL challenge against the Mark Duggan inquest verdict of lawful killing will start at the Royal Courts of Justice tomorrow.
Mr Duggan's mother Pamela launched a judicial review following the ruling that her 29-year-old son was lawfully killed despite not having a gun in his hand when he was shot dead by a police marksman only known as V53, in Ferry Lane, Tottenham, in August 2011.
Lawyers for the family have described the verdict “perverse”.
In April judge Mr Justice Mitting, from the Queen’s Bench Division of the High Court, granted Mrs Duggan “limited permission for judicial review” saying in a written ruling that directions from coroner Judge Keith Cutler to the jury were “arguably inadequate” in two respects.
It said that the coroner failed to “make it clear to the jury that they must conclude, on the balance of probabilities, that V53 did honestly, even if mistakenly, believe that Mark Duggan held a gun in his hand immediately before he was shot”.
And also that “if V53 had that honest belief, and it was mistaken, the mistake must have been a reasonable one for him to have made”.
The ruling added: “The coroner’s direction did not address either of these questions. If it should have done, it is, in consequence, arguable that the conclusion of lawful killing cannot stand.”
The judicial review is expected to be heard over two days.
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