De Menezes was shot at Stockwell for 'acting like a terrorist'

Jean Charles de Menezes was killed because he acted like a suicide bomber, a lawyer for the police said yesterday.

The innocent Brazilian was shot seven times in the head by firearms officers because he acted in an "aggressive and threatening manner".

The 27-year-old died at Stockwell underground station after being mistakenly identified as Hussain Osman, one of the terrorists who tried to bomb the London transport system 24 hours earlier.

Ronald Thwaites QC, representing the Metropolitan Police, told the Old Bailey: "He was shot because when he was challenged by police he did not comply with them but reacted precisely as they had been briefed a suicide bomber might react at the point of detonating his bomb."

Mr Thwaites said most people challenged the day after London "was nearly blown to bits" would have put their hands up slowly.

Instead, he said Mr de Menezes had appeared "agitated" with his hands "held below his waist and slightly in front of him" and then "advanced to within three or four feet".

There was a fear he might be "putting two wires together", said the barrister.

Mr Thwaites suggested that Mr de Menezes might have reacted the way he did because he had a forged stamp in his passport and had taken cocaine, though he stressed he was not attacking the Brazilian's character.

Speaking of the firearms team, he said: "These are not trigger-happy gunslingers ready to shoot anybody and everybody.

"These officers can, and do, act with restraint."

He continued: "This was a terrible accident. It was a terrible tragedy, it is a terrible loss of that young man's life and a terrible pity for his family and friends, but it is not the fault of the police."

The Metropolitan Police, which is on trial accused of a "catastrophic" series of errors leading to the death of Mr de Menezes, denies a single charge under health and safety laws.

Making his closing speech, Mr Thwaites criticised the treatment during the trial of Deputy Assistant Commissioner Cressida Dick, the officer in charge of the operation, saying: "She has been treated as badly as a common criminal."

He added that the prosecution had been brought "without regard to the usual courtesies".

Mr Thwaites said no individual officer was to be blamed for what happened, saying: "They all did their conscientious best. We live in a blame culture, when nothing can happen without somebody being called to account.

"What better for some people than the sport of prosecuting the police? They would wet their lips with relish at the thought of having the Commissioner himself, never mind his office, here on trial at the Old Bailey, to have the Commissioner of Police disgraced over the killing of an innocent Brazilian.

"This case should never have been brought by any conscientious prosecuting authority worth its salt, who looked coolly and calmly and comprehensively at the facts, but here we are, the Office of the Commissioner in the dock."

The trial continues.