Death of Mark Saunders

The Independent Police Complaints Commission investigated the shooting as a matter of course. During the investigation, the Saunders family applied for judicial review of the investigation, claiming that the practice of conferring between the police officers involved made it inadequate; the practice was found lawful and the case dismissed, though it prompted a review of the practice. An inquest held in September 2010 heard that Saunders repeatedly asked during the siege to speak with his wife and a friend (both of whom were at the scene) but that the police refused the requests. It also learnt that Saunders' shotgun was in the open position and not capable of being fired when the police recovered it. The police officers who fired testified that they acted out of fear for their lives and the lives of their colleagues, and felt that they had no choice. The jury returned a verdict of lawful killing, but found several flaws in the police handling of the incident, including the lack of consideration to allowing him to speak to his wife, confusion in the chain of command, and a failure to take account of Saunders' drunken state. The jury did not consider that any of these factors significantly contributed to the outcome of the incident. They could not decide whether Saunders had intentionally aimed his weapon to provoke a lethal response from the police ("suicide by cop").

The inquest did not resume fully until September 2010, presided over by Knapman. Among the witnesses were 12 police firearms officers who were at the scene (they were granted anonymity and identified by their call signs), Saunders' wife, his doctor, and IPCC investigators. Commander Ali Dizaei, who was in charge of the police operation, gave evidence in writing because he was serving a prison sentence for corruption in an unrelated case. The inquest heard that Saunders held several messages up to the window during the siege, including "I can't hear" and "I want to say goodbye and kill myself". Mrs Saunders and a friend testified that they asked the police to be allowed to speak to Saunders, but the police denied their requests and instructed them to switch off their mobile phones to keep Saunders focused on talking to the police negotiators. Patrick Gibbs, representing Mrs Saunders, criticised the police operation and described their handling of the incident as "chaotic", suggesting that it was led principally by a plain-clothed negotiator and a junior uniformed officer rather than by Dizaei, the gold commander. The jury visited the scene of the shooting and were shown video footage of the siege taken from the police helicopter. The police negotiators defended their decision not to allow Saunders to speak to his wife because they worried that he would endanger her or that he planned to kill himself in front of her. Mrs Saunders told the inquest she believed she could have defused the situation had she been allowed to intervene.

Knapman summed up the evidence for the jury on 5 October 2010 and instructed them to consider seven points:

In 2010, taking into account the findings of the inquest as well as other incidents, the Metropolitan Police established the Firearms Command Unit, a specialist unit of ranking officers trained as tactical (silver) commanders. The unit was initially responsible for pre-planned operations but was expanded to be on call at all times to take over command of spontaneous firearms incidents where previously local inspectors or superintendents controlled such operations.

Mark Saunders was a British barrister who was shot dead by police on 6 May 2008 after a five-hour siege at his home in Markham Square in Chelsea, London. Saunders was a successful divorce lawyer who struggled with depression and alcoholism. He had been behaving erratically and drinking heavily in the hours before the incident. Neighbours called the police after Saunders repeatedly fired a shotgun from a window shortly before 17:00 (BST, UTC+1). When armed police officers arrived, Saunders fired at their vehicle and the siege began. More armed officers arrived and took up positions in surrounding buildings and on the street. Saunders fired on two more occasions and the police returned fire, slightly wounding him. Around 20 minutes after the previous round of shooting, just after 21:30, Saunders waved the shotgun out of a window. As he lowered it in the direction of a group of police officers, seven officers fired eleven shots, of which at least five struck him. Police entered his flat minutes later and Saunders was taken to a waiting ambulance where he was pronounced dead.

Some journalists criticised the shooting, contrasting it with incidents where the police waited longer before resorting to force. Retired police officers and academics responded that the police had previously been criticised for not acting quickly enough, and observed that the police faced a "damned if you do, damned if you don't" dilemma. The shooting was one of two by the Metropolitan Police in 2008; in the other, deemed to be a "suicide by cop", a man pointed a replica firearm at police officers. In the same year, the inquest into the death of Jean Charles de Menezes—shot by police in a case of mistaken identity in 2005—was ending, resulting in renewed public interest in police shootings. In 2010, the Metropolitan Police created a unit of senior officers to manage similar incidents.

Saunders lived with his wife in a rented flat in Markham Square, a quiet, upmarket street in Chelsea, West London. He spent three years as a reservist in the Territorial Army. He had long suffered with alcoholism and largely refrained from drinking but had had several relapses, at least one of which had resulted in his requiring hospital treatment for injuries sustained while drunk. He was also being treated for depression, for which he had been prescribed Prozac and attended therapy. On one occasion he received a police caution for being drunk and disorderly and on another neighbours found him sitting outside his flat in a distressed state; in May 2008 he had been teetotal for three months.

On 6 May 2008, shortly before 17:00 (British Summer Time, UTC+1), Saunders fired several shots from his shotgun (a Beretta Silver Pigeon, for which he held a licence for clay pigeon shooting) through a first-floor window and into the square. Several pellets struck buildings opposite, causing neighbours to flee and call the police. An armed response vehicle from the Metropolitan Police, crewed by specially trained officers carrying firearms, arrived shortly afterwards. Saunders fired at the vehicle and a stand-off began. The police called in further armed officers, who surrounded the area, and trained negotiators. At the peak of the incident, 59 armed officers were at the scene, mostly armed with Heckler & Koch MP5 carbines and Glock 17 pistols, though some were armed with longer-range rifles.

As with most police shootings in England and Wales, the case was referred to the Independent Police Complaints Commission (IPCC), who launched an investigation which was expected to take around six months to complete. Three days after the shooting, on 9 May 2008, an inquest was opened at Westminster Coroner's Court under Paul Knapman. Opening statements from the Metropolitan Police and the IPCC revealed that Saunders was hit by at least five police bullets, which struck him in the head, heart, liver, and lower body. The inquest was adjourned until September to allow the IPCC investigation to progress.

The Saunders family applied for judicial review of the IPCC investigation in July 2008, claiming that the inquiry was inadequate because the police officers involved in the shooting had been allowed to confer before giving their statements. The case was dismissed in October 2008 on the grounds that the IPCC was following established practice in line with national guidelines. Nonetheless, the Association of Chief Police Officers announced that it would be revising the guidelines after the judge expressed concern about the practice of officers conferring. A year after the shooting, in May 2009, the IPCC announced that its investigation was complete and that it was passing its files to the Crown Prosecution Service (CPS) for consideration of criminal charges. The following September, the CPS announced that it had considered charges including murder and manslaughter, but would not be bringing charges as there was no evidence that the police officers acted other than in self-defence. In a statement, the CPS recognised that "Saunders was in a distressed state but the police have a duty to protect the public and the right to defend themselves".

At the time of Saunders' death, De Menezes' shooting was still under investigation. An inquest jury returned an open verdict on the latter case in December 2008, prompting a renewed interest in police shootings. According to statistics from the Metropolitan Police, it deployed armed officers to 2,352 incidents in the twelve months to October 2008. Only two of those incidents resulted in police officers opening fire. Besides Saunders, the other person shot was Andrew Hammond, whose death was ruled to be an instance of "suicide by cop". Hammond was shot when he pointed a replica AK-47 at the crew of an armed response vehicle who had been dispatched to a report of a man brandishing a firearm in the street in Harold Hill, north-east London.

The incident was compared in the media to several other police shootings. In particular, journalists from The Guardian and The Independent compared it to the shooting of Jean Charles de Menezes (2005) and the Hackney siege (2002–2003). De Menezes was shot dead in a case of mistaken identity; similar criticisms were made of the Metropolitan Police's control of that incident and the post-incident management, including the practice of officers conferring. In the Hackney incident, police laid siege to a block of flats in East London after a known criminal brandished a firearm at police officers on the street below. The stand-off lasted 15 days and ended with the apparent suicide of the suspect. Some journalists suggested that the police showed a lack of patience in dealing with Saunders when compared to the Hackney siege.

Mark Saunders (born 1975/1976) was a 32-year-old barrister specialising in family law, particularly divorce proceedings, and was well-regarded within the field. He was raised in Alderley Edge, Cheshire, and educated at the private King's School in nearby Macclesfield. He earned a law degree from Christ Church, Oxford, in 1998 then undertook his pupillage at QEB chambers, a leading London set. He was called to the bar the following year, and joined QEB as a barrister. He worked on several high-profile and complex cases as well as writing and lecturing on his area of expertise. Almost a decade into his career, he was widely regarded as a future Queen's Counsel and potential judge.