Grainger evidence 'too sensitive to be revealed' in court

The chief constable of Greater Manchester Police cannot be prosecuted over a fatal police shooting because evidence is too sensitive to be revealed to a jury in court.

Sir Peter Fahy was due to stand trial at Liverpool Crown Court, charged with Heath and Safety breaches following the fatal shooting of Anthony Grainger, 36, in Culcheth, Cheshire in 2012.

Following an extensive covert surveillance operation police believed they had intelligence Mr Grainger and two others were planning an armed robbery on a Sainsbury's store.

But lawyers for Sir Peter, prosecuted as head of the force, argued he could not get a fair trial if certain evidence, which has not been disclosed, was not made public in court.

The trial judge Mr Justice William Davis ordered that the evidence should be given if the defendant was to get a fair trial - at which point the prosecution decided not to proceed with the case.

The prosecution argued some evidence gathered by police was so secret it would not be in the public interest to be given in court.

Mr Grainger's family, calling for a public inquiry, said they were "hugely disappointed" at the outcome and "simply want answers".

Sir Peter, who had pleaded not guilty, had been charged as the "corporation sole" for the force, a legal status that means he is a representative of GMP but does not share criminal liability.

The firearms officer who shot Mr Grainger has not been prosecuted and today's decision at Liverpool Crown Court effectively ends all criminal proceedings over the death of Mr Grainger.

An inquest is due to be held later this year.

Mr Grainger, a father of two, was shot dead by a police marksman as he sat in a stolen Audi car in Culcheth in March 2012.

He was unarmed and there were no weapons in the car.

The Crown Prosecution Service has decided the marksman should not face charges for murder or manslaughter because a jury would be likely to accept that he believed his actions were necessary.

Mr Grainger is believed to be the first person to die in a police shooting since Mark Duggan in London, whose death sparked rioting in the capital and other cities across the country.