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

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?

:: 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 - including identification, photographs, communications and orders issued from the control room at New Scotland Yard - caused or contributed to the death of Mr de Menezes.

Sir Michael said a verdict of unlawful killing could only be considered if jurors could be sure a very serious crime, such as murder or manslaughter, had been committed.

He said these factors did "not allow" him to offer unlawful killing as a possible verdict.

The coroner told jurors to cast aside "any emotion" over the innocent Brazilian's shooting.

He also warned the 11 jurors they must not attach any criminal or civil fault to individuals.

Sir Michael told them verdicts cannot be inconsistent with the outcome of the Metropolitan Police's health and safety trial, which spared Deputy Assistant Commissioner Cressida Dick of personal blame.

Reminding the jury that the Brazilian's mother, Maria Otone de Menezes, had seen much of the evidence, the coroner added: "I know that your heart will go out to her.

"But these are emotional reactions, ladies and gentlemen, and you are charged with returning a verdict based on evidence.

"Put aside any emotion - put them to one side."

The coroner began bringing together the final account of the shooting in the last stage before the jury, which has sat at the Oval cricket ground since September 22, is sent out to consider its verdicts.

Jurors heard from 100 witnesses, including the two men who shot dead the innocent Brazilian at point-blank range on a carriage at Stockwell station on July 22, 2005.

For the first time, the public was given a full account of the incident from key witnesses on board the Underground carriage where the shooting took place.

C2 and C12, the two firearms officers who shot the electrician, both choked back tears as they appeared in the unlikely surroundings of Surrey County Cricket Club's home ground, in south London.

The shooting came two weeks after London was rocked by the July 7 bombings that left 52 victims dead.

On July 21 a second gang of Islamist extremists attempted to murder dozens more with home-made rucksack bombs.

As counter terrorist police scoured the capital for the escaped would-be suicide bombers, Mr de Menezes was mistaken for one of them and shot dead.

Sir Michael will resume his summing up at the Oval cricket ground, south London, tomorrow morning.