AR’s arrest

AR’s arrest

¶83. I address the wider Merseyside Police response to the attack at paragraphs 118 to 139, below. This section addresses the immediate circumstances of AR’s arrest.

¶84. AR was arrested at the scene.¹⁵⁶¹⁵⁶ The arrest evidence was summarised in the First Witness Statement of DCI Pye MERP007551/§§30-34 and T/S: 10/81/21-91/20. The events here summarised have been independently verified by the Inquiry from the body worn video footage. That footage has not been released by the Inquiry due to its distressing content. At 11:56:53 Police Sergeant Gillespie was the first police officer to arrive, parking on Hart Street at the exit to the car park.¹⁵⁷¹⁵⁷ MERP001335 – Disclosed but not published due to sensitive content. His body worn video camera was activated as he made his way to the scene and remained on. When PS Gillespie arrived, he noticed a child on the pavement who appeared not to be breathing. He told members of the public to flag down a paramedic vehicle which he had seen behind him. He ran to the Hart Space with Mr Verite. He arrived at the door at 11:57:04 (11 minutes 27 seconds after AR entered the building and around 10 minutes 30 seconds after Ms Lucas first called 999). The true time is 10 minutes 33 seconds or 10 minutes 31 seconds depending on whether you take the time recorded on the device or from the network provider. He provided an update via his radio that he was going to detain the perpetrator and started to take out his baton when Mr Verite told him that the attacker had a knife. Mr Verite said in forceful terms that the police would need a firearm in order to enter the premises. Mr Mitton and another member of the public, Mr Alan Crowley, joined them at the entrance. Acting Police Sergeant (A/PS) Luke Holden, who was taser trained and taser equipped, along with PCSO Timothy Parry arrived at 11:57:50.¹⁵⁸¹⁵⁸ MERP000180 – Disclosed but not published due to sensitive content.,¹⁵⁹¹⁵⁹ MERP000053 – Disclosed but not published due to sensitive content. This was 46 seconds after PS Gillespie’s arrival at the Hart Space entrance.

¶85. PS Gillespie told Mr Verite and PCSO Parry to wait at the door while he and A/PS Holden entered the building, having decided not to wait for firearms officers. PS Gillespie entered at 11:57:56 with A/PS Holden initially immediately behind. PS Gillespie had been at the door for only 52 seconds. PS Gillespie and A/PS Holden were respectively holding a baton and a Taser. A/PS Holden then took over the front position.

¶86. When halfway up the stairs, both officers saw AR and shouted at him to drop the knife he was holding. AR complied. PS Gillespie ran at AR and – in order to detain him – kneed him in the stomach and struck him twice to his back with the baton. AR was forced to the floor, and the officers took hold of his wrists to handcuff him. PCSO Parry also entered the building and secured AR’s legs. AR was arrested by PS Gillespie initially for attempted murder and placed in handcuffs by A/PS Holden.¹⁶⁰¹⁶⁰ Shortly later he was further arrested for murder once it was appreciated that Elsie was deceased. T/S: 10/91/17-92/17. Other officers then started to arrive, including PCs Simeon Shakespeare and Alan Carr who assisted with the restraint of AR.

¶87. The reason that PCSO Parry left the door was that he heard the shout from his colleagues concerning the knife. PCSO Parry acted bravely and appropriately in doing this, given as a PCSO he did not carry the same level of equipment as a warranted police officer. He acted in the preservation of life. However, with only three officers initially at the scene, all of them were now involved in trying to detain AR. This meant that some of the parents of the victims and others at the scene were initially able to enter the Hart Space. Since the scene was distressing, one issue that was touched on in the Phase 1 hearings was whether an earlier cordon should have been established to prevent access. In my view, it would be entirely wrong to blame the police officers for having not established a cordon at the ground floor door in the initial stages. They were in the middle of restraining an armed murderer very shortly after a violent attack. At an early stage the officers started asking those who had entered to leave. There was no failure in this regard by Merseyside Police. The preservation of life and detention of the offender rightly took priority.

¶88. All three officers deserve significant recognition for their bravery and the speed of their action, which was commendable. They went in despite Mr Verite warning them they needed to have a firearm. PS Gillespie paused briefly at the doorway where he used his radio to obtain and give necessary updates, and he then very rapidly deployed once A/PS Holden had arrived. As with the actions of Mr Hayes, it should be recalled that Mrs Liddle and Child X were still sheltering in the lavatory cubicle and could still have been killed by AR.

¶89. At the police station, AR was assessed by psychiatrists who found no evidence to warrant any orders under the Mental Health Act. They found him fit to be detained and interviewed. He declined to answer any questions put to him.

¶90. However, while in custody AR made various unsolicited comments which were either recorded on CCTV or noted down at the time.¹⁶¹¹⁶¹ First Witness Statement of DCI Pye MERP007551/§§93-99. Among other things, AR said:

¶“I’m so glad those kids are dead. It makes me happy. I don’t care. I’m feeling neutral. It’s a good thing those children are dead. Literally such a good thing those kids are dead, six years old. I’m so glad the children are dead. So glad. Yeah I’m so happy. Six years old. It’s a good thing they are dead, yeah.”

¶In sentencing AR, Mr Justice Goose relied upon these remarks in concluding that AR could not claim to have shown any remorse, and that his unsolicited comments in the police station made clear his feelings. I entirely agree with those findings.

¶91. In terms of the procedural position in this Inquiry, AR was put on notice that sensitive personal data such as his medical records would be disclosed, but he neither sought, nor was invited or permitted, to play any part in the process.