WIREDGOV

The Independent Police Complaints Commission found a number of failures in a Metropolitan Police Service (MPS) investigation into an assault with a firearm in Hackney in July 2011.

Kevin Hutchinson-Foster was subsequently convicted of the assault and firearms offences including supplying the same firearm to Mark Duggan on the day he was fatally shot by a police officer on 4 August 2011. However, the IPCC found that even if the assault had been promptly investigated, it would have been highly unlikely the assailant could or would have been identified before he provided the gun to Mark Duggan.

The investigation followed a referral from the MPS in November 2011 after it identified failings in its original investigation into the assault.  The investigation found a case to answer that CCTV which clearly showed an individual carrying out the assault was not circulated at the earliest opportunity, a number of witnesses were not contacted following the assault and blood swabs were not submitted for forensic analysis for several months.

Following a gross misconduct hearing, which concluded on Friday 22 April, the investigating officer DC Faulkner, has been dismissed without notice. He was also found to have attempted to deceive his supervisor several months later in an effort to imply that he had circulated the CCTV images shortly after the incident.  In May 2015 a police sergeant was found at a misconduct meeting to have failed to adequately supervise the investigation but no sanction was imposed by the MPS.

The IPCC also examined why the MPS specialist unit Trident, did not immediately act on information the IPCC passed to it on 12 August 2011 linking the assailant with the gun found at the scene where Mark Duggan was fatally shot.

A detective chief superintendent (DCS), the then head of Trident, cited perceived confidentiality issues, concerns not to prejudice the IPCC investigation into the shooting of Mark Duggan and a belief that it was the responsibility of others to determine what information could be shared with Hackney borough officers as reasons for the delay.

A detective chief inspector (DCI) from Trident provided similar explanations as well as a need to obtain further supporting evidence to affect an arrest, a focus limited to the supply of the firearm and concerns that any action may spark further public disorder.

IPCC Deputy Chair Sarah Green said:

 “A number of explanations were put forward as to why the investigation into an assault did not progress as quickly as it should have. Whilst we accept that even if the assault had been promptly investigated, it would have been highly unlikely the assailant could or would have been identified before he provided the gun to Mark Duggan, the investigation was not given the priority it should have been. The public needs to feel confident that the police are doing all they can to ensure that these weapons are taken off the streets, including prompt and effective investigations and overcoming perceived difficulties.

“We welcome the fact that Trident has since extended its terms of reference to include a greater emphasis on the unit working with local borough units and other external agencies.”

Publication of the investigation report had been held back pending conclusion of the disciplinary proceedings. The report is now available here.