THE jury deciding whether Britain's top policemen are guilty of breaching health and safety laws following the death of a policeman in Twickenham were discharged this week after failing to reach a verdict.

After almost 13 hours of deliberation the jury at the Old Bailey said it could not decide if Lord Condon and Sir John Stevens were guilty of the charges which were brought after accidents involving officers after rooftop chases.

The charges relate in part to the death of 24-year old PC Kulwant Sidhu who fell through a fragile roof in Colne Road, Twickenham, while chasing burglars on October 24th, 1999.

A memorial lies at the junction of Colne Road and Mereway Road, dedicated to his memory.

Crown counsel William Norris QC told the jury that the buck stopped' with the chiefs and the reason why they were the defendants was because at that time the law stated that it was their personal duty to ensure the safety of their employees.

On Friday Sir John was cleared of two of the three charges and the former commissioner, Lord Condon was cleared of two of four charges relating to health and safety laws.

The jury asked for more time to discuss the remaining, more serious counts, but on Tuesday told the judge that they could not reach verdicts.

Ronald Thwaites QC, defending, told the court the health and safety executive were attempting to turn the commissioners into criminals.

Earlier in the trial, while being cross examined by Sir William Norris QC, Sir John Stevens said the prosecution had, "a fundamental mis-understanding of what the police officer's job is".

PS Alison Dollery, the section sergeant on duty when PC Sidhu fell to his death told the court: "Although I wasn't there with him when he made that decision to go on the roof, he had, he must have had, a good reason, otherwise he wouldn't have done it."

She described the assessments of risk made by officers such as going on roofs, and importance of taking care as "constant throughout your whole service."

Officers, she said "need to evaluate the situation and, if life is at risk, you have a duty to the public and you have to balance that duty with risk to yourself."

A decision on a retrial is expected within two weeks, although the judge urged the HSE to think long and hard before doing so.