The family of Sean Fitzgerald have called on the Independent Office for Police Conduct (IOPC) to conclude its investigation into the fatal police shooting of the 31-year-old in Coventry.
Mr Fitzgerald, who was unarmed, died from a single gunshot wound to the chest after leaving a property in Burnaby Road at about 6.20pm on January 4 2019.
Shortly after the shooting, the IOPC said it had verified that a single round was discharged by a firearms officer as Mr Fitzgerald emerged from the rear of the property while other officers were gaining entry at the front. No firearms were recovered from the property.
A gross misconduct notice was issued to the officer in April 2021 in respect of their use of force on Mr Fitzgerald during the police operation.
In March 2022, the IOPC announced that the officer was being investigated for potential homicide offences over the incident.
In a statement, Mr Fitzgerald’s brother Liam called on the IOPC to set a date for when it will complete its investigation and decide whether it will recommend the case be sent to the CPS for a charging decision.
“We have had to fight and argue our case to seek to ensure a thorough investigation, an investigation that we were told would take three to six months,” Liam Fitzgerald said.
“We have waited patiently for all this time. We are not prepared to wait any longer with no end in sight, which is why we now ask that the IOPC provide a date by which they will complete their investigation and decide whether to refer the case to the CPS for a charging decision, as we believe they should.”
Anita Sharma, head of casework at legal charity Inquest, said the IOPC’s investigation is one of the longest standing they have seen in recent years.
She said: “Bereaved families and the public deserve urgent and robust scrutiny of the highest standard following lethal use of police force.
“The IOPC’s four-year investigation into Sean’s death is now one of the longest-standing Inquest has seen in recent times.
“It is unacceptable. The ongoing delay not only compounds the pain and grief of Sean’s family, but also frustrates the role the IOPC has in the prevention of further deaths.
“The IOPC must now provide the family with the dignity of a date by which their investigation will conclude and the long-awaited answers around the full circumstances of Sean’s death.”
In a statement, IOPC regional director Derrick Campbell said that the investigation was delayed while they sought further independent analysis of the evidence.
“This has been a complex investigation and, although we were at an advanced stage last summer, I felt that further independent analysis was required in order to fully consider some of the evidence,” he said.
“Delays, which included identifying someone suitably qualified to carry out this work, have been resolved and an expert’s report was received shortly before Christmas. This is now being considered.
“We acknowledge the concerns expressed by Mr Fitzgerald’s family and the delays in bringing matters to their conclusion are regrettable. We have informed Mr Fitzgerald’s family of the latest developments and our thoughts remain with them and everyone else affected by his death.
“In respect of the comments about timeliness generally, this remains a priority for the IOPC and, in 2020/21, we completed 90 per cent of our independent investigations within 12 months.”
