originally published: 30th May 2009
On the 19th of May the family of Habib Ullah and campaign members attended the High Court for a Judicial Review Permission Hearing to challenge the IPCC’s decision which appeared to downgrade the investigation of the Police officers who had been present at the scene from a criminal investigation to a misconduct investigation.
The Judicial Review brought by Habib’s widow Mussarat Habib was sought to overturn this. An early Judicial Review was sought to question why the IPCC had not seen fit to question and interview the officers concerned under a section 9 caution, which would have meant that the officers would be required to be questioned for a criminal investigation.
The fact that the IPCC determined an ‘oldstyle’ caution and questioned the officers under a rudimentary employment disciplinary interview allowed the officers full access to all statements either prior or during the interview stage. Both the judge and the family’s barrister commented upon that although the initial witness statements submitted by the officers were voluntary, they nevertheless conferred together and then submitted their statements.