Police used 'out of date' intelligence in Grainger shooting

A public inquiry into the death of a man shot by police has heard the Independent Police Complaints Commission found officers relied on "out-of-date intelligence".

Anthony Grainger, 36, from Bolton, was shot by a Greater Manchester Police firearms officer in a pre-planned operation in a car park in Culcheth, Cheshire, on March 3 2012.

A public inquiry into his death opened at Liverpool Crown Court on today.

Counsel to the inquiry Jason Beer QC said: "On 3rd March 2012 officers from Greater Manchester Police were taking part in an ongoing investigation that had been given the title Operation Shire.

"It was concerned with the alleged activity of a number of individuals, including Anthony Grainger, who were suspected of conspiring to commit armed robberies."

The father-of-two was unarmed when he was shot through the window of the stolen Audi he was in.

Mr Beer said an investigation by police watchdog the IPCC found serious failings by the force and individual officers.

The IPCC found the operation relied heavily on "out of date" intelligence in relation to Mr Grainger and that briefings to officers contained "inaccurate information".

The watchdog found the officer who shot Mr Grainger - referred to as Q9 - may have committed a criminal offence.

Mr Beer said the case had been referred to the Crown Prosecution Service (CPS), but prosecutors had decided not to bring charges as 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".

Sir Peter Fahy, who was the chief constable of Greater Manchester Police at the time of the shooting, was charged with failing to discharge a duty under the Health and Safety at Work Act 1974, but the case collapsed after prosecutors argued some evidence gathered by police was so secret, it would not be in the public interest for it to be given in court.

David Totton, Robert Rimmer and Joseph Travers, all from Manchester, were arrested at the scene but later found not guilty of conspiracy to rob following a trial at Manchester Crown Court in September 2012.

Mr Beer said the hearing would hear from 70 witnesses in open session and a further 15 would give evidence in closed hearings.

The inquiry, chaired by Judge Thomas Teague QC, is expected to run until April 21.