THE distraught partner of a former soldier shot dead by a police marksman said today the tragedy could have been avoided.

Kirk Davies, 30, of Burn, near Selby, was fatally wounded on September 24, 2000, in the grounds of Newton Lodge psychiatric hospital in Wakefield.

He had threatened hospital staff and police officers with an airgun he had camouflaged with socks and masking tape.

The ten-strong jury at the Leeds inquest returned a verdict of lawful killing by a majority of eight to two.

Mr Davies' partner, Kathryn Wadsworth, told the Evening Press today: "It could have been avoided. If the police had rung me I could have talked him out of it.

"I was expecting a lawful killing verdict, but it wasn't a unanimous verdict, which suggest to me that two of the jury didn't agree with it."

Speaking at her home, in Main Road, Burn, the mother-of-three said: "The shooting was wrong - it should never have happened.

"Kirk was shot in the grounds of a psychiatric hospital. Someone should have realised that something wasn't right. The verdict is saying that no-one is to blame for his death. That's never been satisfactory for me but there's nothing I can do about it.

"Kirk absolutely adored his son, Joshua. His death is something I can't put behind me but I have to try to get on with my life for the kids' sake."

Coroner David Hinchliff had instructed the jury at Leeds Crown Court that it could only legally consider the verdict of lawful killing based on the evidence heard.

Davies was shot dead by a police marksman, known only as PC X.

West Yorkshire Police firearms officers told the inquest they believed the weapon was a high-velocity rifle. They told Davies repeatedly to drop his weapon, but he refused and asked them to shoot him.

PC X, who fired three shots at Davies, said he honestly believed he would die when Davies pointed his rifle directly at him. He also told the inquest that while he believed he had acted in self-defence, he still found it hard to live with the fact he had taken another man's life.

He said: "I have to live with it for the rest of my life."

Davies, a crane driver who deserted the British Army and fought as a mercenary in Croatia, died from a gunshot wound to the lower abdomen. He had a history of mental illness.

In November, the Evening Press reported that no criminal proceedings would be brought concerning the death of Davies.

A spokesman for West Yorkshire Police said: "We are sorry that this man died and our thoughts go out to the family. The officers have been vindicated and acted correctly and courageously on the night."

Davies's father, Anthony, said: "I have no ill feeling against the police officers or the police in general."

Updated: 16:27 Friday, May 03, 2002