17/10/2012 14:42 BST | Updated 17/10/2012 14:44 BST

Mark Duggan: No Verdict In Trial Of Kevin Hutchinson-Foster Accused Of Supplying Gun

A jury has failed to reach a verdict in the case of a man accused of supplying a gun to Mark Duggan, whose fatal shooting by police sparked last year's August riots.

Kevin Hutchinson-Foster, 30, was charged with passing the gun to Duggan just 15 minutes before he was shot dead by police marksmen on August 4 2011.

But a jury of seven men and five women at Snaresbrook Crown Court was unable to reach a verdict after nearly 21 hours of deliberations.

Judge David Radford had allowed jurors to reach a majority verdict of 10-2 or 11-1, but he discharged them after they were unable to reach a decision.

A re-trial will be held at a date to be set and an administrative hearing will take place on November 2.

During the trial, which started on September 18, the prosecution alleged that Duggan, 29, collected the BBM Bruni Model 92 handgun 15 minutes before he was shot dead on August 4 2011.

His death in Ferry Lane, Tottenham, north London, sparked riots which swept across the capital and the country.

Armed police, who gave evidence anonymously, told the court that they opened fire on Duggan because they saw him get out of the cab holding a loaded gun.

The officer who shot Duggan twice said he opened fire in an "Oh f*** moment", because he thought he and his colleagues were themselves going to be shot.

Duggan, who was under police surveillance on August 4 and the previous day, had gone in the minicab to Leyton, east London, where he collected the gun in a shoebox from Hutchinson-Foster, before continuing to Tottenham, prosecutors said.

The cab was pulled over by armed police in four unmarked cars in what is termed a "hard stop" and, according to officers, Duggan got out with the gun in his hand, prompting them to shoot him.

Hutchinson-Foster, of no fixed address, denied a single charge of "selling or transferring a prohibited firearm" to Duggan between July 28 and August 5 2011.

He claimed his DNA was found on the gun because he had used it six days earlier to beat a man, but said he returned it the same day.

He claimed he and Duggan had been in mobile phone contact with each other because Duggan wanted his help in setting up a drug deal.

Following the trial, Duggan's family said they were concerned at how it had been conducted, referring to the claim by the prosecution that Duggan had been holding a gun when he was shot.

shaun hall

Shaun Hall, the brother of killed Tottenham man Mark Duggan

Shaun Hall, Duggan’s brother said: “It feels like this has been the Mark Duggan trial except his family has had no representation and without being able to defend himself.

“People have been allowed to say things in court about Mark and what happened that day without being challenged. We heard things that we had never heard before.

“As a family we still are no closer to finding out the truth about why Mark was killed.”

Deborah Coles, co-director of charity INQUEST, which investigates deaths in custody, said: “Nothing can satisfy family, community and public confidence other than a prompt, open and transparent jury inquest with the full involvement of Mark Duggan’s family. Open justice is of fundamental importance in the case of a man shot dead by police officers.”