A killing joke?

The evidence of firearms officer AZ8.

Yesterday the news broke that an unnamed police firearms officer ("AZ8") who may have killed the barrister Mark Saunders had been removed from firearms duty after allegedly inserting song titles into his oral evidence at the coroner's inquest. It was also reported that the matter had been referred to the Independent Police Complaints Commission.

The alleged song titles have not been publicly disclosed, though the Guardian helpfully told us:

An examination of the transcript shows that evidence given by AZ8 contained a number of phrases which are also the titles of songs, including "Enough Is Enough" by Donna Summer, "Point of No Return" by Buzzcocks, "Line of Fire" by Journey, "Quiet Moments" by Chris de Burgh, "Kicking Myself" by As Tall As Lions and "Fuck My Old Boots" by the Membranes.

I was at Bar school with Mark Saunders and, although I did not know him, we had mutual friends. But for this blog post it does not – and should not – matter whether the person shot dead by the police was a barrister or a barman.

The sole issue is whether a police firearms officer was contriving his crucial oral evidence to an inquest so as to serve an ulterior purpose.

Why would it matter? Well, as sources "close to the Police Commissioner" said, it shows "insensitivity and lack of judgement". But it goes further than that. When being examined at any inquest or hearing, a witness should be addressing the question directly and not seeking to formulate his or her answers to serve ulterior purposes. Any contrivance is likely to be at the expense of the reliability of the evidence given.

So, is the suggestion true? Were song titles inserted into the sworn evidence?

It is, of course, a matter now for the IPCC. However, for those interested in following this investigation, the following information is available. First, the Metropolitan Police's statement, which was emailed to me:

A matter was brought to MPS attention during the Mark Saunders inquest in relation to evidence given by a firearms officer to the inquest. The issue was dealt with at the time by the officer's management who reprimanded him.

On 28 October 2010 the matter came to the attention of senior officers who felt this was insufficient. As a result the matter was referred to the Independent Police Complaints Commission on the 29 October.

We have now been informed by the IPCC that they will manage an investigation by the Metropolitan Police Directorate of Professional Standards.

The MPS takes this matter extremely seriously as we expect the highest standards of all of our staff.

The officer has been removed from operational firearms duty.

And there is the IPCC statement:

The Independent Police Complaints Commission (IPCC) received a referral from the Metropolitan Police Service (MPS) on Friday 29 October 2010 in relation to the evidence given by a firearms officer to the inquest into the death of Mark Saunders.

It is alleged that, while giving evidence under oath to the inquest on 27 September 2010, officer AZ8 deliberately inserted song titles into his verbal testimony.

The IPCC has now decided that it will manage an investigation by the MPS's Directorate of Professional Standards into the allegation. This means that an IPCC investigator will have direction and control of the investigation and IPCC Commissioner Tom Davies will have oversight of it.

The investigation will examine the officer's testimony, any impact that testimony may have had on the proceedings, the way in which the allegation was initially dealt with by one of his supervisors and whether or not any other police officers were involved.

But what did AZ8 actually say? Below is attached a PDF of the oral testimony of AZ8, which has been kindly released by the coroner.

Click here to see the full PDF.

Can the supposed "inserted song titles" all be simple coincidences, perhaps spotted by some busybody either within or external to the Metropolitan Police?

One would suppose that any substantial oral evidence would, if analysed, tend to include song titles. Verbal communication often contains clichés and figures of speech, and such words and phrases will tend also to crop up as song titles. Certain cultural memes do come to mind when trying to express any idea: the title of this blog post, for example, owes something to my interest in Alan Moore's writings. To invoke a meme or to utter a cliché – especially when under pressure of formal questioning – may not necessarily be either dishonest or distracting.

Or is this a matter of contrivance, rather than coincidence? Did the officer boast of his feat? Was it the result of some cynical dare between officers? Was this a horrific misapplication of "barrack-room humour"? (And only the most earnest reader would begrudge those involved in dangerous work a certain levity, but the time and place for it surely cannot include sworn testimony to a coroner's inquest.)

Was it really a joke at the expense of someone the firearms officer may have killed?

We simply do not know the answers to these and other questions, and it is not appropriate for us to anticipate the result of the IPCC investigation. Although there would appear to be information not in the public domain but available to the Metropolitan Police which rendered the initial reprimand an insufficient sanction, what that information could be – or even that it exists – is mere speculation.

But what can be safely said is this. If it is true that the oral evidence of this police firearms officer was being contrived so as to serve any ulterior motive, rather than being provided to assist a coroner's inquest, then not only should we be disgusted at the facts in this particular case, we should also be concerned that we cannot have full confidence in the testimony of firearms officers in inquests and other hearings. And that is a confidence we dearly need to have.

 

David Allen Green is a lawyer and writer. He blogs for the New Statesman on policy and legal matters. He has recently been appointed a judge for the 2011 Orwell Prize for blogging, for which he was shortlisted this year

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Harriet Harman: “Theresa May is a woman, but she is no sister”

The former deputy leader of the Labour Party urged women to unite across the divided party.

The day-long women's conference is usually the friendliest place at Labour party conference. Not only does it have a creche and a very clear emphasis on accessibility, but everybody who attends starts from a place of fundamental agreement before the sessions have even begun. For that reason, it's often ignored by political hacks in search of a juicy splits story (especially since it takes place on Saturday, before the "real" conference action really gets underway). But with the party divided and the abuse of women on and off social media a big concern, there was a lot to say.

This year, kick off was delayed because of the announcement of Jeremy Corbyn's victory in the leadership election. The cheer for the renewed leader in the packed women's conference hall was far bigger than that in the main hall, although not everybody was clapping. After a sombre tribute to the murdered Labour MP and former chair of the Labour Women's Network Jo Cox, Harriet Harman took to the stage.

As a long-time campaigner for women's rights, veteran MP and former deputy leader of the Labour Party, Harman is always popular with women's conference - even if her position on the current leadership and her status as a former Blairite minister places her out of sync with some of the audience. Rather than merely introducing the first speaker as the agenda suggested, Harman took the opportunity to make a coded dig at Corbyn by doing a little opposition of her own.

"Theresa May is a woman, but she is no sister," she declared, going on to describe the way that May, as shadow spokesperson for women and equalities under William Hague, had been a "drag anchor" on Harman's own efforts to enact pro-women reforms while Labour were in government. The Thatcher comparison for May is ubiquitous already, but Harman made it specific, saying that like Thatcher, Theresa May is a woman prime minister who is no friend to women.

Harman then turned her attention to internal Labour party affairs, reassuring the assembled women that a divided party didn't have to mean that no advances could be made. She gestured towards the turmoil in Labour in the 1980s, saying that "no matter what positions women were taking elsewhere in the party, we worked together for progress". Her intervention chimes with the recent moves by high profile former frontbenchers like Chuka Umunna and Yvette Cooper to seek select committee positions, and Andy Burnham's campaign to become mayor of Greater Manchester.

Harman's message to women's conference was clear: the time for opposition to Corbyn is over now - we have to live with this leadership, but we can't let the equalities legacy of the Blair years be subsumed in the meantime. She ended by saying that "we have many leaders in the Labour party," pointing to Jess Phillips, the chair of the women's PLP, and Angela Rayner, shadow minister for education, women and equalities. Like Burnham, Cooper et al, Harman has clearly decided that Corbyn can't be unseated, so ways must be found to work around him.

Rayner followed Harman onto the stage. As one of Corbyn's shadow ministerial team, Rayner is far from in agreement with Harman on everything, and rather than speak about any specific policy aims, she addressed women's conference on the subject of her personal journey to the front bench. She described how her mother was "born on the largest council estate in Europe and was one of twelve children" and "never felt loved and didn’t know how to love, because hugs, cuddles and any signs of affection just wasn’t the norm". She went on to say "mum won't mind me saying this - to this day she cannot read and write". Her mother was in the audience, attending her first Labour conference.

As a former care worker who became a mother herself when she was just 16, Rayner is a rarity at the top of Labour politics. She told the Guardian in 2012 that she is used to being underestimated because of her youth, her gender and her northern accent: "I'm a pretty young woman, lots of red hair, and everyone expects me to be stupid when I walk into a meeting for the first time. I'm not stupid and most people know that now, but I still like to be underestimated because it gives me an edge. It gives me a bit of stealth."

The mass shadow cabinet resignations in June propelled Rayner to the top sooner than an MP only elected in 2015 might have expected, and she has yet to really prove her mettle on the grind of parliamentary opposition and policy detail. But if Labour is ever to win back the seats in the north where Ukip and Brexit are now strong, it's the likes of Rayner that will do it. As Harriet Harman herself shows, the women and equalities brief is a good place to start - for even in turbulent, divided times for Labour, women's conference is still a place where people can find common ground.

Caroline Crampton is assistant editor of the New Statesman.