The family of Mark Duggan today continue in their legal battle today a finding that he was lawfully killed.
They are going to the Court of Appeal to challenge a decision by three High Court judges in October 2014 that an inquest jury was legally entitled to bring in its 8-2 majority verdict. The inquest jury decided in January 2014 that the 29-year-old was lawfully killed by a police marksman in Tottenham, north London, in August 2011.
In October 2015, permission to challenge the High Court decision was granted by an appeal judge, and today their QC told three Court of Appeal judges in London that they “do not seek a fresh inquest”. Mr Southey argued that the coroner gave the jury an “unlawful direction”.
He told the court: “No verdict is better than one based on an unlawful direction.”
The QC said the family’s case is that the verdict on Mr Duggan’s August 2011 death was not “safe”. Submitting that the direction was unlawful, the QC said the coroner “failed to direct the jury to consider whether V53’s belief was reasonable”.
The judges will announce their ruling at a later date. If the family win their appeal, the lawful killing verdict is likely to be quashed and there will be a fresh inquest. The Duggan family have previously said they want an open verdict.