http://news.telegraph.co.uk/news/main.jhtml?xml=/news/2005/04/14/nbour114.xml&sSheet=/news/2005/04/14/ixnewstop.html


The bungled raid that left a policeman face to face with an al-Qa'eda
assassin
(Filed: 14/04/2005)

Operation that ended in murder of Stephen Oake was flawed from the
start, writes Nigel Bunyan
Stephen Oake's fate hung in the balance as soon as he and his Special
Branch colleagues entered the tiny flat in Crumpsall, Manchester.
 

Dc Stephen Oake with his wife Lesley, son Chris, and daughters Corinne
and Rebecca

They had gone there to carry out what they imagined would be the
simple arrest of a low-ranking al-Qa'eda suspect known as "Q".
Instead, they had stumbled upon the hideout of Kamel Bourgass, a
trained assassin and one of Osama bin Laden's most ruthless followers.
By the end of the afternoon of Jan 14, 2003, Dc Oake, 40, had been
fatally stabbed and three of his colleagues seriously injured.
The events that led to Dc Oake's murder began nine days earlier, when,
at a flat in Wood Green, north London, anti-terrorist branch officers
found a note bearing details of how to manufacture deadly poisons and
explosives. It had been written by Bourgass, alias Nadir Habra.
Bourgass had been away from the London flat on the morning police
forced their way in. He went on the run.

Two days before the murder, MI5 sent a message to Special Branch
colleagues in Greater Manchester asking for help in arresting "Q". The
resulting operation, codenamed Salt, was flawed from the outset.
Special Branch officers were supposed to have carried out
comprehensive surveillance of the flat in advance. But this failed to
uncover the fact that there were three, rather than two, suspects in
the flat. The extra man was Bourgass.

The pre-operation briefing took place in a noisy police station garage
as a new shift was clocking on. At least one officer had difficulty
hearing.
Members of the 23-strong team were told that they would be raiding two
addresses. It later emerged that those going to Crumpsall did not know
that their target flat was on the ground floor.
There was, according to the prosecution at Bourgass's trial, "little
or no contingency plan" to cover the possibility of someone else being
there.

The arrest team did not take specialist arrest kits and, having
arrived at the flat at 4.25pm, Special Branch officers found that
their police-issue mobile phones would not work. They had to borrow
personal mobiles.

Tactical Aid Unit (TAU) officers would normally have expected to break
into the flat and secure it. On this occasion the Special Branch team,
none wearing body armour, simply knocked on the door.
TAU officers were used to handcuffing suspects in such circumstances.
But in Crumpsall Lane they were under specific orders from Special
Branch not to do so.

These orders would remain in place even after the distinctive mole
above Bourgass's upper lip betrayed him as a high-level terrorist. He
and his associates were simply arrested and watched over.
Two TAU officers were detailed to guard the flat's tenant, Khalid
Alwerfeli, in the lounge. Bourgass and "Q" remained in the bedroom,
watched over by Dc Oake and a third member of the TAU.

The police officers made themselves more comfortable by taking off
their helmets, arm guards and gloves. They noticed that Bourgass was
quiet and interpreted this as compliance. The officers began to notice
similarities between their suspect and photographs they had been shown
of Habra. They made checks with the anti-terrorist branch in London.
At 4.55pm it was decided that he was one and the same man. He was
formally arrested but left unrestrained. The Special Branch team
decided to call for specialist arrest kits used to preserve evidence. 
Shortly after a shift change brought a replacement TAU officer into
the bedroom, Bourgass started to speak in a raised, aggressive voice
to "Q" in the next room.

Dc Oake told him to be quiet. Bourgass began to clench and unclench
his fists. His left foot began tapping rhythmically. His breathing
became heavier. At 5.50pm Bourgass launched himself at the TAU
officer, Pc Nigel Fleming, disabling him with a punch to the groin.
Other officers rushed in to help Dc Oake restrain him. The light went
out and Bourgass broke clear, dragging Dc Oake behind him as he
struggled to reach the kitchen.
He grabbed a five-inch knife from the draining board and lashed out at
the officers. Dc Oake suffered blow after blow as he held on to the
suspect in front of him. Despite the efforts to disarm him, Bourgass
kept hold of the knife. He lunged at the officers in front and slashed
at Dc Oake behind.

A detective inspector, referred to in court as John and now retired on
medical grounds, said he pursued Bourgass as the terrorist ran from
the kitchen.
"As he went into the room the lights went out. He punched me in the
chest and on my left side under the ribs.
"I felt another blow to my lower back. They felt like punches, but my
chest was wet. I had been stabbed."
Pc William Hanlon, a member of the TAU, was attacked as he went to
investigate the sounds of a scuffle.
"The defendant… tried to stab me in the throat," he said. "I punched
him on the chin. I remember falling backwards. I thought I was going
to be killed."

Dc Oake hung on, determined to prevent Bourgass reaching his unarmed
colleagues. By the time the tangle of bodies spilled out into the
hallway, Dc Oake had sustained eight catastrophic stab wounds, no
fewer than three fatal in their own right.
His colleagues finally overpowered Bourgass. Some rushed to Dc Oake.
Sgt Paul Grindrod tried to give him the kiss of life, but it was too late.
Dc Oake's murder led to renewed calls for police officers to be
allowed routinely to handcuff anyone they arrest.
It forced Greater Manchester police to reassess how it deals with
terrorist suspects.
David Whatton, assistant chief constable, said Bourgass was not
handcuffed 
"because… he was not showing any physical signs of a threat and
officers were concerned that by handcuffing him they would potentially
destroy forensic evidence".

There have been two investigations into the Crumpsall raid: one by
West Midlands police, the other conducted jointly by the Merseyside
force and the Health and Safety Executive.
The officer in charge of the operation, referred to as DCI "Simon",
appeared before a police panel. Despite his acknowledged failings, it
decided that he should continue his career unpunished.







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