Borough Market
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Borough Market Report into the fatal shootings by police of Khuram Butt, Rachid Redouane, Youssef Zaghba and the serious injury of Mr A, Borough Market, London 3 June 2017 Please note, this investigation was completed and submitted to the decision maker before 8 January 2018, while we were still the IPCC. Therefore, the report will contain the investigator’s opinion, which may differ from the final outcome. The report refers to the IPCC and the Commission throughout, and does not reflect the new structure of the IOPC. Independent investigation report Investigation information Investigation name: Borough Market IPCC reference: 2017/086568 and 2017/086599 Investigation type: Death or Serious Injury (DSI) IPCC office: Croydon Lead investigator: Susan Gilbert (OTL) Operations Manager: Graham Beesley Commissioner: Sarah Green Status of report: Final Date finalised: 13 December 2017 Stills from CCTV referred to in this report have been removed to protect the identities of those who appear in them. Contents Investigation information ........................................................................................ 2 Introduction .............................................................................................................. 4 The investigation ...................................................................................................... 6 Policies, procedures and legislation considered .................................................. 7 Background information ........................................................................................ 10 Chronology of events ............................................................................................ 11 Summary and analysis of the evidence ............................................................... 22 Conclusions ............................................................................................................ 67 Appendix 1: The role of the IPCC.......................................................................... 77 Introduction The purpose of this report 1. I was appointed by the IPCC to carry out an independent investigation into the deaths of Khuram Butt, Rachid Redouane and Youssef Zaghba, who were fatally shot by police officers on Stoney Street on Saturday 3 June 2017. In addition, the investigation has also examined the serious injury caused to Mr A during the same incident. The incident was brought to the attention of the IPCC on the night it occurred and was subsequently formally referred to the IPCC in writing. 2. This is my report for the Commission. It summarises and evaluates the evidence, refers to relevant documents and makes factual findings where necessary. In my conclusions I will: a) Set out the established facts, the sequence of events and their consequences. b) Give my opinion about the nature and extent of the police contact prior to the deaths of Khuram Butt, Rachid Redouane and Youssef Zaghba, and establish what evidence is available in relation to whether the police may have caused or contributed to their deaths. c) Give my opinion about the nature and extent of the police contact prior to the serious injury of Mr A, and establish what evidence is available in relation to whether the police may have caused or contributed to the serious injury. d) Draw attention to any lessons which may need to be learned by any organisation related to the investigation about which the Commissioner may wish to make a recommendation. Other investigations 3. The Metropolitan Police Counter Terrorism Command is investigating the terrorist attack at London Bridge and Borough Market on Saturday 3 June 2017 under Operation Datival. 4. At 10.07pm, on 3 June 2017, a white van driving south on London Bridge, SE1, mounted the pavement, injuring and killing pedestrians. The van subsequently crashed into railings outside Southwark Cathedral and three male occupants left the vehicle armed with knives. They began randomly stabbing members of the public and a police officer as they made their way south from London Bridge to an area known as Borough Market. Here they continued to stab members of the public both on the street and in restaurants Borough Market – Final report (redacted) for publication 4 until armed police arrived. When armed police arrived, all three suspects were wearing items strapped to their chests which appeared to be Improvised Explosive Devices (IEDs) and they were in the process of stabbing a member of the public. The attack was declared as an act of terrorism and resulted in the deaths of eight members of the public, with a further 48 people injured. 5. The three suspects were identified as Khuram BUTT, date of birth 20/04/1980, Rashid REDOUANE, date of birth 31/07/1986 and Youssef ZAGHBA, date of birth 26/01/1995. Borough Market – Final report (redacted) for publication 5 The investigation Terms of reference The terms of reference for the investigation were approved by Sarah Green on 9 June 2017. The terms of reference specific to this investigation were: 1. To investigate; a) The actions and decisions, including the use of lethal force, of the City of London officers who fired shots at the incident on 3 June 2017 b) The actions and decisions, including the use of lethal force, of the Metropolitan Police officers who fired shots at the incident on 3 June 2017 2. To assist in fulfilling the state’s investigative obligation arising under the European Convention on Human Rights (ECHR) by ensuring as far as possible that the investigation is independent, effective, open and prompt, and that the full facts are brought to light and any lessons are learned. 3. Further to paragraph 21A of Schedule 3 of the Police Reform Act 2002, to assess during the investigation whether any person serving with the police may have committed a criminal offence or behaved in a manner justifying the bringing of disciplinary proceedings (i.e. whether there are any indications of ‘conduct matters’) and if so, follow the paragraph 21A procedure and make appropriate amendments to the terms of reference of the investigation. 4. To consider and report on whether there may be organisational learning, including; a) whether any change in policy or practice would help prevent a recurrence of the event, incident or conduct investigated; b) whether the incident highlights any good practice that should be shared Borough Market – Final report (redacted) for publication 6 Policies, procedures and legislation considered 6. A number of national and local policies were examined in relation to this incident, in order to ascertain whether the policies were complied with, and whether the existing policies were sufficient in these circumstances. 7. These include the College of Policing Authorised Professional Practice (APP) into Armed Policing, ‘Operation Plato’ and training material delivered to firearms officers in relation to Improvised Explosive Devices (IEDs) from the City of London and Metropolitan Police Services. 8. The APP states, “The primary intention of the police, when discharging a firearm, is to prevent an immediate threat to life by shooting to stop the subject from carrying out their intended or threatened course of action. In most circumstances this is achieved by aiming to strike the central body mass (i.e., the torso).” 9. In relation to individual responsibility, the APP states, “Each authorised firearms officer is individually responsible and accountable for their decisions and actions; nothing can absolve them from such responsibility and accountability. This includes decisions to refrain from using force as well as any decisive action taken, including the use of force, the use of a firearm and the use of a less lethal weapon”. 10. “Authorised Firearms Officers are answerable, ultimately, to the law in the courts. They must be in a position to justify their decisions and actions based on their honestly held belief as to the circumstances that existed at the time, and their professional and legal responsibilities.” 11. In establishing whether the force used was reasonable, consideration must be given to section 3, Criminal Law Act 1967, section 117, Police and Criminal Evidence Act 1984, sections 3, 4 and 7 Criminal Justice and Immigration Act 2008, and the police standards of professional behaviour. Operation Plato 12. ‘Operation Plato’ is the agreed national identifier for the response to a marauding terrorist firearms attack (MTFA). This terminology has been adopted by key agencies including the police, ambulance service, fire and rescue, military, National Health Service, local and central government departments. Borough Market – Final report (redacted) for publication 7 13. A marauding terrorist firearms attack does not have a single recognised definition; there are many factors either in isolation, or as a combination of events, that indicate an MTFA is taking place. 14. The declaration of an ‘Operation Plato’ incident triggers a multi-agency response designed to rapidly inform, mobilise and operationally deploy the most appropriate resource. The nature and speed of a marauding terrorist attack requires the deployment of armed officers to intervene immediately, in order to prevent or minimise the loss of life. Armed officers are deployed with the intention of identifying, locating and confronting (rather than containing) the threat. City of London Police Service 15. During their annual training programme, City of London Authorised Firearms Officers (AFOs) received training on responding to an MTFA incident and incidents