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ANTHONY GRAINGER POLICE KILLER ESCAPES CHARGES
 

Star date: 16th January 2014

NO CHARGES TO BE BROUGHT AGAINST SALFORD MAN'S KILLER – BUT CHIEF CONSTABLE TO BE CHARGED UNDER HEALTH AND SAFETY AT WORK

The family of Broughton's Anthony Grainger, shot dead by Greater Manchester Police in March 2012, today declared that they were "bitterly disappointed that the Officer that shot Anthony will not face criminal proceedings".

While the police officer himself escapes charges, the Chief Constable of Greater Manchester Police, Sir Peter Fahy, is to be charged under the Health and Safety at Work Act – although he doesn't have to appear in court.

Full details here…

In the week after a jury ruled that Mark Duggan was `lawfully killed', despite
not holding a gun when police shot him, the Crown Prosecution Service has today announced that it will not be bringing charges against the Greater Manchester Police officer who shot and killed Broughton's Anthony Grainger on 3rd March 2012.

Grainger, who was unarmed, was shot in a car park in Culcheth during a planned police operation. In the aftermath of the shooting, campaigners called the death an "execution" and demanded that the police officer be charged with murder (see previous Salford Star article – click here).

The Crown Prosecution Service (CPS), in a press release today, stated that it had "considered whether the firearms officer who shot Mr Grainger should be charged with murder, gross negligence manslaughter or misconduct in public office"…

It ruled out murder as that "would require the CPS, amongst other elements, to prove beyond reasonable doubt that (a) the officer did not honestly believe it was necessary to use force and (b) that the force used was disproportionate in the circumstances as the officer believed them to be. In the circumstances of this case, our assessment of the evidence is that a jury would accept that the officer did believe his actions were necessary and that the level of force used in response to the threat as he perceived it to be was proportionate."

The CPS also stated that there was "insufficient evidence to prosecute the officer for gross negligence manslaughter or misconduct in public office" adding that "It would be inappropriate to explain these decisions in detail at this time."

Neither could the CPS prosecute for corporate manslaughter, it states, "as GMP had no relevant duty of care towards Mr Grainger, which is an essential part of this offence".

Instead, the Chief Constable of Greater Manchester Police, Sir Peter Fahy, is to be charged under the Health and Safety at Work Act.

The CPS press release explains that "there is sufficient evidence to prove that Greater Manchester Police breached the Health and Safety at Work Act by failing to ensure that unnecessary risk to the suspects was avoided. It is alleged that an unnecessary exposure to risk was caused by serious deficiencies in the preparation for the police operation.

"In accordance with the Act, criminal liability falls on chief officers of police as corporations sole" it adds "A corporation sole is a distinct legal entity and the person holding the office concerned does not share the criminal liability or have to personally appear in court."

In response, Anthony Grainger's parents Marina and John Schofield issued the following statement…

"Whilst we are pleased that some charges are to be brought as a result of Anthony's death we are bitterly disappointed that the Officer that shot Anthony will not face criminal proceedings.  We have not yet had sight of the IPCC Report and reserve our position until we have had the chance to fully consider the IPCC's investigation."

Jonathan Bridge, Partner at Farleys Solicitors LLP, who acts on behalf of Anthony Grainger's family, also stressed that "the family have shown total respect for the judicial process both in relation to the coronial court and the potential criminal proceedings…Losing Anthony was a terrible blow to the family and the pain they have suffered has been massively intensified by the considerable delays in reaching today's decision. The Inquest into Anthony's death is now even more crucial so that the truth surrounding the shooting can be established. 

"We find it staggering that 22 months after the shooting the family know nothing more than on the day Anthony was shot" he added "GMP have had widespread access to the IPCC Report and have even leaked this to the Press. The family have not seen that Report."

On behalf of Greater Manchester Police, Deputy Chief Constable Ian Hopkins said: "Since Mr Grainger's death 22 months ago, Greater Manchester Police has co-operated fully with the Independent Police Complaints Commission, the Crown Prosecution Service and HM Coroner. Our sympathies remain with Mr Grainger's family and we deeply regret the loss that they have suffered.

"Mr Grainger's family, and the officers involved, have had to wait a long time for this decision to be reached and we share the frustrations over those delays" he added "However, we understand that it was vitally important that the investigation was carried out thoroughly to establish all the facts. Now that a charging decision has been made regarding the Force itself, it is equally important that these legal processes are allowed to take their course unimpeded in order to seek a resolution for both the family of Mr Grainger and the Force. The Independent Police Complaints Commission investigated this matter independently and we await the official publication of their report."

Wesley Ahmed, who has been running the Justice4Grainger campaign, told the Salford Star this morning that, in the wake of the Mark Duggan decision the CPS decision didn't surprise him…

"This is why I've been campaigning since day one" he said "Out of all the families I've met that have suffered through deaths in custody no-one has managed to beat the system – nobody. They never get justice in this country. That's proven fact. The fight goes on…"

See also previous Salford Star articles on the Anthony Grainger shooting…

Grainger Family Want Answers – click here

Grainger Campiagn on Salford Precinct - click here


 
the informer wrote
at 19:55:24 on 26 January 2014
this case clearly shows that the police are there to protect the system and the system has protected the police !!! it isn't the first time and it wont be the last !!!!!
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David Cameron wrote
at 09:25:16 on 25 January 2014
Do they care. Al Capone was never convicted of anyone's murder, but everyone knows he murdered many people during his crime reign, so therefor al Capone by your reasoning was a pillar of the Chicago community and said before if the police are operating a shoot to kill policy, then why was cregan who killed two young unarmed woman police officers not Shot and killed by the police, you would have thought he would have been a prime target for a police marksman. People don't care about this story because we have had enough of hearing about the rights of criminals, we want to hear about the right of the innocent and the victims, one day we might get a government that puts the victims of crime first and the criminals rights last. Tel me, do they care, if someone you knew was carrying a gun, would you inform the police of the act or would you turn a blind eye.
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Do they Care wrote
at 21:08:53 on 24 January 2014
I cant believe some of the comments posted on here by so called lawful citizens advocating "shoot to kill" and disregarding a fatal killing of someone father, partner and son. There are many facts surrounding this case where no one has ever been convicted of any criminal offence and no firearm/weapon has ever been found. Are people saying its ok to Murder others suspected of a crime? If so that makes you no lower than the "lowlifes" you describe. Its easy to forget the many miscarriages of justice that have occurred over the last 5o yrs, that the police have been involved in and got away with without any prosecutions. Its easy to forget why we have laws, legislation and the right to be treated as an innocent person till proven guilty whilst hiding behind a made up name. Everyone deserves due justice even those guilty of committing crime. All this family have ever asked for is transparency of what occurred that night. For some of you Curtain twitchers who take delight in mocking this family and the man killed I say Shame on you, and maybe one day you will take your "rose tinted glasses off" and see what you have written as exceptionally cruel and distasteful. You remind me of the baying mobs who lynched/burned and drowned women because they had dark hair and a black cat.
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the informer wrote
at 16:24:29 on 24 January 2014
The Grainger case goes on as the CPS, IPCC and the Coroner have made lots of errors in their proceedings this just means the case has to take another route !! They can slam as many doors in our face's as they like !!! We have a Salford key and it can open any door !!!! ;o)
?
David cameron wrote
at 14:19:27 on 24 January 2014
@wrote, is this the same c.p.s that for 13 years under labour refused to take action against Asian paedophile ganges who where raping and racially attacking young white girls up and down the country and which is still going on, the same cps who refused to protect these girls in the name of multiculturalism in case they offended ethnic minorities. The cps are just another bunch of left wing shisters who could't tell their arse from their elbow. The cps are a bunch of people who failed there law degrees as solicitors and barristers and found a cushy little number at the cps as failed solicitors.
?
wrote
at 20:16:32 on 23 January 2014
The serious deficiencies in the police preparation for this operation-not my words but those of the CPS, have to be investigated. Not only for the reputation of the police force, but to assure the public that the operation followed correct procedures.
?
slurp wrote
at 12:52:07 on 23 January 2014
Is there mass indignation amongst the law abiding public locally or nationally about this case or indeed the more high profile Duggan one? No. Criminals who use guns or people who associate with such people quite obviously elicit zero sympathy from the general public if they come to grief. We live in a society increasingly blighted by criminal dross but the one breed that is reviled with complete revulsion is the one that uses guns. They are ‘beyond the pale’. To go out ‘tooled up’ or even have a rep for such activity effectively means you forfeit practically all your rights judging by the public reaction. To contemplate or use guns is very ‘un British’ so if you get on the end of a very heavy handed ‘un British’ apprehension and all its consequences then it’s your own look out. It’s quite obvious that the public are prepared to hold their noses and look the other way when the police are obliged to deal with these people and aren’t really that interested unless it’s an innocent member of the public that gets shot. And the similarity with the Cregan murders that someone has offered up is mind numbingly stupid.
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David cameron wrote
at 12:50:27 on 23 January 2014
Did anyone see that young girl who got robed at the cash machine on TV, f*cked her life up, suppose the perpetrator of this crime is a victim or he will be when he's caught, shoot to kill, for scum like this, it's got my vote, and probably 99%of the county.
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Tony Blair says wrote
at 12:50:09 on 23 January 2014
To informer, if what you are trying to say that there is a lot police covering upon these deaths, then why didn't the police shoot cragan, after all he shot two young police officers in the back, you would have thought that some trigger happy police officer would have been happy to pull the trigger on this piece of scum after killing two of their own, so this go's against what your trying to imply that the police are trigger happy, it is sad that this man is dead, but he was the instigator of his own downfall
?
wrote
at 08:36:37 on 23 January 2014
Slurp-you are another fine example of all that's wrong with this world. The reality is that Joe Public DO care if, as in your words "the police cover up cases like this". It is in no-ones interest to brush the truth under the carpet.
?
the informer wrote
at 05:03:11 on 23 January 2014
Mr Slurp the police did enough winging when Dale Cregan shot two of their own as it was put FAMILY !!! And he was given a life sentence with in six months !!! ;o)
?
slurp wrote
at 18:57:51 on 22 January 2014
Reality is joe public doesn't really actually care if the police cover up cases like this. Mr Grainger was an associate of known criminals who used guns. The public expect the police to deal with people like this and if necessary use their own guns. Because that's what we pay them for. He was probably hard done by but if he chose to keep the company of such low life then most people will think he only brought this upon himself. People will think the police were cack handed, clumsy and probably trigger happy , but ultimately they will not consider the 'victim' an innocent member of the public. They will consider the whole business regrettable but forgettable.
?
wrote
at 11:05:09 on 22 January 2014
Geoff, not sure what you mean-does the scenario you describe makes it acceptable to kill?
?
the informer wrote
at 06:19:01 on 22 January 2014
so if it was a case of health & safety !!! why was Mr Graingers dead body handcuffed and dragged out of the car in doing so they broke his wrist and then started to kick the DEAD BODY so hard the burst Mr Graingers kidney's !!!! FACT so does GMP put this on their RISK ASESSMENT !! I bet they don't !!!!
?
wrote
at 19:22:44 on 21 January 2014
I am struggling to understand why the police felt their only option was to shoot this man. This is what you get when the guns are in the hands of the wrong people.
?
bob wrote
at 14:38:31 on 21 January 2014
So the Policy is shoot first ask questions later, wild wild west. IPCC need replacing with a true independent body. How can the IPCC carry out an investigation into GMP with two former officers. Shocking
?
Tony Blair says wrote
at 14:38:22 on 21 January 2014
When it comes to believing the word of a career criminal or a police officer, the police officer will always come first. If parents took more interest in their children from a early age and kept them on the straight and narrow they would't be looking down the sights of a police marksman. If you don't like prison, don't commit a crime, live by the sword, die by the sword. My thoughts are with the victims of crime, not with the perpetrators of it, this is a none story to 99.99% of salford people
?
the informer wrote
at 18:12:29 on 20 January 2014
Two of the IPCC officers that investigated the Grainger case are ex GMP police officers !! Are you seeing the link yet people !!!!!
?
bob wrote
at 19:30:33 on 19 January 2014
Well when the group committing more crime in Manchester than any other group is GMP, what does that say about our Police force. Out of control. We may as well just get rid of the criminal justice system and tell the police they can continue to execute anyone they suspect of a crime.
?
the informer wrote
at 10:23:15 on 19 January 2014
so the same IPCC investigating officer was the man who was over the shooting of a police officer on the training ground !! the same IPCC officer who investigated the Anthony Grainger case who I can tell you turned up at the car park six hours after the reported murder to the car park !!! So I find it no surprise that the same charges have come to the Grainger case !!! Fahy = deputy chief = Mendez case ! Fahy = chief = cop killed in training ! Fahy = chief = Grainger case !! All with the same results !!!!
?
wrote
at 10:22:44 on 19 January 2014
Thou shalt not kill-just because they did it doesn't make it right!
?
Salfordonion wrote
at 10:22:05 on 19 January 2014
No BOB......a national day of marches should be organised to commemorate the death of hundreds of victims of crime and thuggery by those who go out to commit armed robbery? Thank goodness for the police!
?
David cameron wrote
at 14:03:54 on 18 January 2014
Why is it, I now live in a time when criminals have now become victims, someone stop the world and let me off, we only have to remember the two brave police officers who lost their lives to a low life scum bag who shot them in the back, let's have a thought for real victims instead of crying for people who don't give a damn about hurting or killing innocent people, amazing the amount of people who slate the police but are grateful they are there when they need them, just imagine how great life would be if these criminals were in charge of society. Be careful what you wish for, you just might get it. Let's stop confusing criminals with true victims of crime. It's also funny how criminals cry about the violation of their rights whilst they ignore the rights of their victims to live in peace.
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bob wrote
at 16:14:07 on 17 January 2014
A national day of marches and protests should be organised to highlight the thousands of people who are the victims of police brutality/murder. The IPCC and CPS are not fit for purpose. This is a complete white wash
?
Geoff wrote
at 16:12:21 on 17 January 2014
Just an innocent guy sat in a stolen car with false number plates with 2 other known criminals known to carry weapons.
?
Do they Care wrote
at 07:20:13 on 17 January 2014
CPS assessment??? isn't that why we have juries.. 12 men/women should make that decision
?
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