Menu
27/07/2006
Civil trial granted over police shooting
The family of a man who was shot dead while naked and unarmed in his flat will be allowed to put the force on trial for unlawful killing.
On Thursday, judges at the Court of Appeal ruled that a civil trial should be held over whether Pc Chris Sherwood was guilty of assault and battery when he shot 39-year-old James Ashley, during a raid in Hastings, East Sussex in January 1998.
Mr Ashley, who was from Liverpool, was shot dead after he got up from the bed he was sharing with his girlfriend during a drugs raid at his flat.
Sussex Police will now have to show that Pc Sherwood, who was found not guilty of murder in a criminal trial, acted in self defence during the raid.
Announcing the decision, the Court of Appeal's Master of the Rolls Sir Anthony Clarke said that the family should be allowed to take the issue to court "if only in order to seek a declaration that the deceased was unlawfully killed by Pc Sherwood, especially in circumstances in which there has been no inquest or public inquiry into the death".
Edward Faulks QC, who represented the police during the hearing, told the judges that the self defence issue was "a point of great constitutional importance". He said: "The effect of this court's order is that there will be a murder trial which could result in a declaration of unlawful killing."
Mr Faulk's application to take the case to the House of Lords was refused.
The ruling was welcomed by Mr Ashley's son James and his father, also called James.
Speaking after the hearing, Mr Ashley's son said: "Nothing will ever bring my dad back, but I am very pleased with the outcome of this appeal. Maybe our family will now get some answers."
(KMcA/SP)
On Thursday, judges at the Court of Appeal ruled that a civil trial should be held over whether Pc Chris Sherwood was guilty of assault and battery when he shot 39-year-old James Ashley, during a raid in Hastings, East Sussex in January 1998.
Mr Ashley, who was from Liverpool, was shot dead after he got up from the bed he was sharing with his girlfriend during a drugs raid at his flat.
Sussex Police will now have to show that Pc Sherwood, who was found not guilty of murder in a criminal trial, acted in self defence during the raid.
Announcing the decision, the Court of Appeal's Master of the Rolls Sir Anthony Clarke said that the family should be allowed to take the issue to court "if only in order to seek a declaration that the deceased was unlawfully killed by Pc Sherwood, especially in circumstances in which there has been no inquest or public inquiry into the death".
Edward Faulks QC, who represented the police during the hearing, told the judges that the self defence issue was "a point of great constitutional importance". He said: "The effect of this court's order is that there will be a murder trial which could result in a declaration of unlawful killing."
Mr Faulk's application to take the case to the House of Lords was refused.
The ruling was welcomed by Mr Ashley's son James and his father, also called James.
Speaking after the hearing, Mr Ashley's son said: "Nothing will ever bring my dad back, but I am very pleased with the outcome of this appeal. Maybe our family will now get some answers."
(KMcA/SP)
Related UK National News Stories
Click here for the latest headlines.
10 November 2006
Man pleads guilty to stabbing student
A man who stabbed a student to death on a train has been sentenced to life imprisonment. Thomas Lee Wood, 22, from Skelmersdale in Lancashire admitted killing first-year student Thomas Grant, 19, from Glouestershire who had been attending St Andrews University.
Man pleads guilty to stabbing student
A man who stabbed a student to death on a train has been sentenced to life imprisonment. Thomas Lee Wood, 22, from Skelmersdale in Lancashire admitted killing first-year student Thomas Grant, 19, from Glouestershire who had been attending St Andrews University.
22 June 2010
Facebook Insults End In Killing
Insults on Facebook have resulted in the killing of an 18-year-old teenager -with a youth, now aged 16 - detained for killing his former best friend. Salum Kombo, 18, was stabbed in the chest in Bromley-by-Bow, east London, in December after calling his killer, then 15, names including "pussy".
Facebook Insults End In Killing
Insults on Facebook have resulted in the killing of an 18-year-old teenager -with a youth, now aged 16 - detained for killing his former best friend. Salum Kombo, 18, was stabbed in the chest in Bromley-by-Bow, east London, in December after calling his killer, then 15, names including "pussy".
30 May 2012
Firefighters Cleared Of Colleagues' Manslaughter
Two senior fire officers have been cleared of manslaughter charges relating to the deaths of four of their colleagues. Station manager Timothy Woodward and watch manager Adrian Ashley were charged after a blaze at a warehouse in Atherstone-on-Stour, Warwickshire, in 2007.
Firefighters Cleared Of Colleagues' Manslaughter
Two senior fire officers have been cleared of manslaughter charges relating to the deaths of four of their colleagues. Station manager Timothy Woodward and watch manager Adrian Ashley were charged after a blaze at a warehouse in Atherstone-on-Stour, Warwickshire, in 2007.
08 October 2010
Double Jeopardy Reforms Commence
A Bill to reform the centuries-old law which prevents a person being tried twice for the same offence in Scotland has been introduced. The 'double jeopardy' principle dates back over 800 years, but questions have been raised in recent years about whether the law now needs to be updated for the 21st Century.
Double Jeopardy Reforms Commence
A Bill to reform the centuries-old law which prevents a person being tried twice for the same offence in Scotland has been introduced. The 'double jeopardy' principle dates back over 800 years, but questions have been raised in recent years about whether the law now needs to be updated for the 21st Century.
02 May 2013
Poker Player Jailed For Killing Wife
A British professional poker player has been jailed for 20 years after killing his wife. Marcus Bebb-Jones was said to have killed his wife, Sabrina, in America in the "heat of passion".
Poker Player Jailed For Killing Wife
A British professional poker player has been jailed for 20 years after killing his wife. Marcus Bebb-Jones was said to have killed his wife, Sabrina, in America in the "heat of passion".
-
Northern Ireland WeatherThis Evening and Tonight:Showers will gradually die out during the evening. A cold night with long clear spells leading to a touch of frost in places. Light winds. Minimum temperature 0 °C.
