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Who decides guilt or innocence on a criminal case in court - the Judge or the Jury? :? Whilst the Judge no doubt can advise the jury on points of law, surely on the basis of the evidence presented, the verdict then rests on the "opinion" of the Jury? :? I only ask, as in the current Coroner's case regarding the Menezes shooting, the Jury has been directed as to what it's finding options are. :roll::wink:

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Probably different in this case Observer as it's not a criminal trial, it's a Coroner's Court. Guess they might go for an "Open Verdict". Personally I find it odd that an innocent person can be brutally gunned down and nobody gets punished.....indeed at least one of those involved has been promoted. :?


Here is an article from the Telegraph:


"Sir Michael Wright, a former High Court judge, said that it was "not justified" for jurors to consider the death as a murder or manslaughter as he began summing up seven weeks of evidence at the inquest of the innocent Brazilian.


Members of the family of Mr de Menezes, who have fought for justice for three years since the shooting, walked out of the hearing "to express their dissatisfaction with the turn of events" at the inquest, which has cost an estimated ?4 million.


As the jury prepare to be sent out to deliberate, Sir Michael instructed them that they can only return an open verdict or one of lawful killing and not one of "unlawful killling".


He said that his decision did not indicate police did nothing wrong when they shot the 27-year-old dead at Stockwell station in south London, having mistaken him for a suicide bomber.


Sir Michael also asked them to answer a series of crucial questions which will decide what factors they believe led to the death of Mr de Menezes.


The responses will determine whether they believe that firearms officers lied in giving their evidence. In particular, they will decide whether officers shouted "armed police" before shooting, and whether Mr de Menezes had stood up and moved towards them in his final moments.


The possible factors that led to his death include various police failings but also asks whether Mr de Menezes accidently contributed towards arousing suspicion at his behaviour.


The coroner also told the jury to cast aside "any emotion" over the shooting.


Reminding them that the Brazilian's mother, Maria Otone de Menezes, had seen much of the evidence, the coroner added: "I know that your heart will go out to her.


"But these are emotional reactions, ladies and gentlemen, and you are charged with returning a verdict based on evidence.


"Put aside any emotion - put them to one side."


He told the 11 jurors that their verdicts cannot be inconsistent with the outcome of the Metropolitan Police's health and safety trial at the Old Bailey, which spared Cressida Dick, a deputy assistant commissioner who led the operation, of personal blame. He warned them not to attach any criminal or civil fault to individuals.


The coroner began summing up a final account of how the 27-year-old met his death on a south London Tube train.


It is the last stage before the 11-person jury, which has sat since September 22, is sent out to consider its verdicts.


Jurors heard from 100 witnesses, including the two men who shot dead the innocent Brazilian at point-blank range on a carriage at Stockwell station on July 22, 2005.


Key controversies have included the surveillance outside his Tulse Hill home, communications in the control room at Scotland Yard, and Mr de Menezes's journey towards Stockwell.


C2 and C12, the two firearms officers who shot the electrician, both held back tears as they gave evidence.


Sir Michael is expected to use at least two days taking the jury back through the key evidence heard at The Oval cricket ground. "

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