Azelle Rodney death: Met marksman refused judicial review
- 17 October 2013
- From the section London
A police officer who shot dead a man eight years ago has been refused permission to appeal against an inquiry which found there was "no lawful justification" for his actions.
The officer, known as E7, killed Azelle Rodney in Edgware in 2005 after the car he was in was stopped by armed police.
E7 said he opened fire because he believed Mr Rodney had picked up a gun.
But the inquiry ruled E7 "could not rationally have believed" Mr Rodney was holding a sub-machine gun.
E7 was seeking a declaration that the inquiry's conclusions relating to his use of force were "irrational", or an order quashing parts of the report which found his use of force was unjustified.
In refusing the judicial review, Mr Justice Wyn Williams said he had "no doubt" there was "ample evidence to justify the finding" the officer did not have an honest belief that Mr Rodney had picked up the gun.
'Not to be accepted'
The inquiry considered issues including what information the police had, how reliable it was, whether their approach minimised the risk to life and if stopping the car was done with only necessary force.
Sir Christopher Holland, who carried out the independent investigation, said in his conclusions: "There was no lawful justification for shooting Azelle Rodney so as to kill him.
"E7's accounts of what he saw are not to be accepted.
"Prior to firing he did not believe that the man who turned out to be Azelle Rodney had picked up a gun and was about to use it.
"Further, on the basis of what he was able to see, he could not rationally have believed that."
E7 told the inquiry he saw Mr Rodney start moving around, reaching down and then coming back up with his shoulders hunched.
Mr Rodney was then shot six times, once each in the arm and back, and four times in the head.