Family of Raoul Moat victim Pc David Rathband lose legal battle against Northumbria Police

The late traffic policeman was shot twice and left for dead by gunman Raoul Moat just minutes after he had phoned 999 to say he was hunting for police.

Mr Rathband's twin Darren and sister Debbie Essery, brought the claim as executors of his will, saying if senior officers had warned Pc Rathband, he would not have been sat stationary in his patrol car on a prominent Newcastle roundabout above the A1.

But Mr Justice Males, sitting at the Moot Hall in Newcastle, ruled that the claim has failed.

He said the claimants must also pay the force's costs, with an interim payment of £100,000 due within 21 days.

No members of Pc Rathband's family were in court as the parties had been made aware of the judgment before the ruling was handed down by the judge.

Mr Justice Males said it was less than nine minutes after the 999 call that Moat shot the unarmed and defenceless officer in his car.

"Pc Rathband suffered horrific injuries, including the loss of his eyesight," he said. "It is surprising that he was not killed."

He said the claimants' case was that, if he had been warned, Pc Rathband would not have been, in his own words, "a sitting duck".

They said Superintendent Jo Farrell, in charge of the operation that night, was negligent in failing to issue a warning.

The judge said the 15-minute period between Moat ringing 999 and him leaving Pc Rathband for dead had been the focus of "intense forensic scrutiny" during the eight-day High Court hearing.

He said it was a fast-moving and unprecedented situation for the commanders.

He added: "I am acutely conscious that it is easy to be wise after the event and that the dangers of hindsight must be avoided."

Mr Rathband committed suicide in February 2012, almost two years after Moat shot him.