Death of Anthony Grainger

Anthony Grainger was shot and killed by an armed Greater Manchester Police officer in Cheshire on 3 March 2012. At the time, Grainger was unarmed. In January 2014 the Crown Prosecution Service announced that they would be prosecuting Chief Constable Peter Fahy under health and safety legislation over the shooting.[1][2]

Death

Grainger was shot in the chest whilst sat in a stolen Audi with two other occupants. An armed policeman fired a single shot from a Heckler & Koch MP5 semi-automatic carbine. The bullet went through the windscreen, and entered Grainger's heart and both his lungs.[3]

The other two occupants, along with a third person, were tried and cleared of plotting a robbery.[4]

Investigation

An inquest into the death was opened by Nicholas Rheinberg at Warrington Coroner's Court on 5 March 2012. The inquest was adjourned until an IPCC investigation was completed.[5] The IPCC finished its investigation in July 2013, and forwarded the results to the Crown Prosecution Service[6] and the coroner. Jonathan Bridge, solicitor for Grainger's family, complained that the investigation had been leaked, without being shown to the family.[7]

The CPS decided that the armed policeman who fired the shot would not be prosecuted. They decided that it would be unlikely a jury would find him guilty due to perceived threat.[8] A CPS spokesman alleged that Greater Manchester Police failed to prepare properly for the operation, which left people at risk. Chief Constable Peter Fahy was charged under Health and Safety at Work Act as he was the corporation sole for Greater Manchester Police. The police force faced an unlimited fine if found guilty.[1][2][8]

However, in January 2015, William Boyce QC, at Liverpool Crown Court accepted an 'abuse of process' argument from the defence,[9] who had argued that evidence which needed to be disclosed in open court in order for the defendant (Fahy) to have a fair trial would not be in the public interest and it would prejudice future Greater Manchester Police operations.

The CPS had no choice but to accept the judge's decision and drop the case against the Greater Manchester Police.[10]

References

  1. 1.0 1.1 "Greater Manchester Police chief faces shooting charges". BBC News. 16 January 2014. Retrieved 16 January 2014.
  2. 2.0 2.1 Evans, Martin (16 January 2014). "Chief Constable faces health and safety charge over fatal shooting". The Telegraph. Retrieved 16 January 2014.
  3. Keeling, Neal (24 October 2013). "Anthony Grainger shooting: Watchdog slams police over killing of unarmed Salford dad". Manchester Evening News. Retrieved 16 January 2014.
  4. "Three cleared over robbery plot". ITV. 22 September 2012. Retrieved 16 January 2014.
  5. Keaven, Paul (5 March 2012). "Police shooting death inquest opens". Retrieved 16 January 2014.
  6. "Anthony Grainger - Greater Manchester Police". Independent Police Complaints Commission. Retrieved 16 January 2014.
  7. Newey, Miranda (24 October 2013). "Solicitor's anger at police after confidential Anthony Grainger shooting report is 'leaked'". The Bolton News. Retrieved 16 January 2014.
  8. 8.0 8.1 Withnall, Adam (16 January 2014). "Great Manchester Police chief Sir Peter Fahy to face charges over Anthony Grainger shooting". The Independent. Retrieved 16 January 2014.
  9. http://www.itv.com/news/granada/update/2015-01-16/cps-unable-to-reveal-material-for-public-interest-reasons/
  10. http://www.dailymail.co.uk/news/article-2914589/Police-accused-acting-law-fatal-shooting-case-against-chief-constable-collapses-force-won-t-allow-evidence-heard-open-court.html