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No prosecutions in wake of Simon's death
THE family of the Beverley man shot dead by police on the A63 say they are 'shocked and astonished' that the officers will not face criminal charges.
The Director of Public Prosecutions, Ken Macdonald QC has ruled that no officers should face any criminal charges over the death of 26-year-old Simon Murden, who was shot by police in March 2005.
The decision follows an 18-month inquiry by the Independent Police Complaints Commission, which had submitted a file to the Crown Prosecution Service.
Mr Macdonald said that at the time of the shooting, Simon was acting in an unpredictable manner, carrying a form of weaponry that was capable of inflicting fatal injuries, and moving determinedly towards an area where there were members of the public.
He concluded that resorting to the use of firearms was 'reasonable' in the context of self defence.
But Simon's family say they will continue a fight for justice for him and are calling for a judicial review.
A statement issued by the officers following the DPP's announcement said they are relieved that no charges are to be brought and their thoughts are with Simon's family and friends, as they have been since the day he died.
The statement issued by the Humberside Police Federation said the officers will fully co-operate with the Coroner's inquest into the circumstances surrounding Simon's death.
Humberside's Chief Constable, Tim Hollis, said the events of that day were tragic for Simon's family, and very sad for Humberside Police.
Mr Hollis said the officers had been confronted with a 'volatile situation' in which they had only moments to make decisions.
In a statement, Simon's family said the months since his death have been unbearably painful for them and his many friends.
"It is with unbelievable shock and astonishment that our family and friends have responded to the news that no criminal charges will be brought against the police for the terrible and untimely death of Simon," their statement says.
"The thorough and vigorous investigation by the IPCC and discussions with the Crown Prosecution Service and the knowledge that we have from this, had indicated a very different outcome.
"Simon was gentle, sensitive, humorous, quick-witted, creative and thoughtful to others, calm in all circumstances, kind and genuine. He was a loyal friend who loved life.
"Some of the initial media reports were terrible lies about Simon and us as a family and these were so hurtful at a time of such grief."
The statement goes on: "Our much- loved, thoughtful gentle son and brother deserves truth, accountability and justice.
We know that a Coroner's court is a court of law, but it is not the appropriate place for a full and transparent account of the events surrounding the death of Simon to be judged.
"We and our friends are determined to pursue Simon's case to ensure justice for him."
Simon was a charity worker for the And Albert charity foundation set up by his father, David. He lived with his family in Sparkmill Lane in Beverley.
He was shot after driving a van the wrong way along the dual carriageway and crashing into a car.
Police, who believed he was carrying a sword, fired rubber bullets at him, but said Simon continued to approach. He was then shot several times with live ammunition.
Mr Hollis said all his armed officers are volunteers who carried a heavy burden in protecting the public, protecting unarmed officers and protecting themselves in difficult and demanding circumstances: "The event that occurred on the A63 on March 22 2005 when Simon Murden was confronted and shot by armed police was tragic in so many ways.
"It was tragic for the Murden family who will still be struggling to come to terms with the death of a much-loved son, and my thoughts and sympathies go out to all the family at this time.
"It was also a very sad event for Humberside police. This was the first occasion in the history of the force when armed officers had shot and killed anyone. This despite the fact that armed police have deployed to 100s of calls over the years without having to recourse to lethal force.
"My thoughts are, therefore, also with the officers involved and their families. The last 18 months have been very difficult for them too.
"They were deployed to an incident to protect the public. They were confronted by a volatile situation. They only had moments in which to make decisions which have been scrutinised and analysed at length by those responsible for investigating the circumstances surrounding the incident.
"Now we must turn to preparation for an inquest. The family, Humberside police and the public all need the opportunity to understand the events that occurred on March 22 2005, events which led to Simon's death."
Humberside Police Authority's chairman, Councillor Graham Stroud, said: "Sadly, the life of a young man was lost in this incident and my sympathies go out to his family and friends.
"However, I am reassured to learn that, following a full and detailed investigation, the IPCC feels that the incident was handled appropriately in the circumstances. This is important not only for the officers involved, but all firearms officers around the country. These officers undertake the most difficult and stressful of police duties and they deserve our appreciation and support."
PICTURE: Pictured are Simon's father David and mother Dorothy with other members of the family issuing their statement outside their home in Beverley.
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Weather for Beverley
Thursday 23 February 2012
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