Jean Charles de Menezes was not unlawfully killed, a coroner told a jury yesterday.

Former High Court judge Sir Michael Wright began summing up seven weeks of evidence by telling jurors they will be allowed to return only a verdict of lawful killing or an open verdict. Family members of the 27-year-old Brazilian were seen standing up and leaving the south London inquest as the coroner said an unlawful killing was "not justified".

He said: "I so direct you that the evidence in this case, taken at its highest, would not justify my leaving verdicts of unlawful killing to you."

Sir Michael later clarified that his decision to omit the verdict did not indicate police did nothing wrong on July 22, 2005. He added: "I am not saying that nothing went wrong on a police operation which resulted in the killing of an innocent man."

The coroner took the unconventional step of issuing a "questionnaire" relating to the circumstances of the shooting on a Tube train at Stockwell.

After presiding over lawful killing or an open verdict, the jurors must decide the following: Did officer C12 shout the words "armed police" at Mr de Menezes before firing? Did Mr de Menezes stand up from his seat before he was grabbed in a bear-hug by officer Ivor?

,li>Did Mr de Menezes move towards C12 before he was grabbed in a bear-hug by officer Ivor?

The jurors will then rule whether a string of additional factors caused or contributed to the death of Mr de Menezes.