IOPC statement following inquest into the death of Sean Fitzgerald

Independent Office for Police Conduct Director Derrick Campbell said: “Sean Fitzgerald’s death has had a profound impact on his family and friends and our sympathies remain with them. We also recognise the effect this has had on the police officers involved.

“Over the past five weeks the inquest has carefully considered the evidence provided by our investigation, as well as additional evidence, and we note the conclusion the jury has reached today.

“Our investigation, which concluded in December 2023, examined not only the shooting itself, but the wider circumstances, including the intelligence and decision making in the planning of the operation. Having considered all the evidence, a range of expert opinion and applying the legal thresholds which govern our work, we concluded there was sufficient evidence to indicate that the officer who fired the fatal shot may have breached the police professional standards regarding his use of force and therefore had a case to answer for gross misconduct. West Midlands Police were directed to hold a misconduct hearing, although it was agreed that should not be progressed until after the conclusion of the inquest proceedings.

“We determined the evidence did not meet the threshold for a referral to the Crown Prosecution Service to consider whether the same officer should face a criminal charge in relation to the shooting.

“This was a complex investigation and we recognise our enquiries took far longer than expected. We understand the impact this has had on everyone concerned and will carefully review, as soon as possible, whether any of the additional evidence heard at the inquest impacts on our previous decision making.

“We will continue to liaise with Sean Fitzgerald’s family, West Midlands Police and the officer’s representatives.”