hello, i'm ros atkins. this is outside source. a grand jury in kentucky votes to indict one former police officer involved in the shooting of breonna taylor on a lesser charge of "wa nton endangerment". the incident happened after police burst into her apartment. breonna taylor's case was taken up by the black lives matter movement. the single indictment, over the spread of bullets into neighbouring apartments, falls well short of what campaigners were calling for. the family's attorney said the outcome was "outrageous and offensive". also in the programme... the eu publishes a new approach to migration, after a fire at a camp on the greek island of lesbos showed how the issue continues to strain ties in europe. and 400 whales have sadly died in australia, after becoming beached in shallow waters. we'll explain what's happened.

and we'll update you on the rescue effo rts and we'll update you on the rescue efforts going on for those that remain alive. a grand jury in the us state of kentucky has voted to indict one of the police officers involved in the shooting of breonna taylor. the officer, brett hankison, will face three charges of wanton endangerment because some of his bullets went through ms taylor's apartment into a neighbour's flat. no officer will face charges for her killing. here's the attorney general, who led the investigation. i understand that miss breonna taylor's death has become a part of a national story and conversation, but we must also remember the facts and the collection of evidence in this case are different than cases elsewhere in the country. each is unique and cannot be compared.

two other officers, sergeant jonathan mattingly and detective myles cosgrove, also fired their weapons. here's the attorney general explaining why they won't be charged. detective cosg rove and sergeant mattingly werejustified in returning fire, because they were fired upon. i'll leave it to others to make determinations. we have vigorous self defence laws in this state, and that is something that existed prior to this case. i'll let others make judgments about that. this is breonna taylor. she was a 26—year—old emergency medical technician. in march, she was shot eight times after police entered her home in the middle of the night under what's called a "no knock" warrant. her boyfriend is a licensed gun owner, and he exchanged fire with the officers thinking they were burglars. in fact, they were on a drug raid and were looking for a suspect who didn't live at the house. no drugs were found at the property. the lawyer for the family ben crump has reacted on twitter.

"if brett hankison‘s behaviour was wanton endangerment to people "in neighbouring apartments, then it should have been "wa nton endangerment in breonna taylor's apartment too. "in fact, it should have been ruled wanton murder!" breonna taylor's death in march led to large—scale demonstrations. aleem maqbool is in louisville and has the reaction there. a lot of disappointment here, because they've got one charge of wanton endangerment, and that more relates to why one of the three officers was fired, which was that a neighbour had complained that some of the bullets had penetrated his wall. they don't relate directly to breonna taylor's murder or manslaughter, that's what people here were looking for, they were looking for those kinds of charges. so people already have gone on the march from here, where they have been protesting for about three months the fact that breonna was killed in her own home by plainclothes officers on that no knock warrant, as you say.

and, in the end, it was for a drug raid that related to an ex—boyfriend, and no drugs were found on her property. so there will be, i'm sure, a show of the outrage that people feel here on the streets later today. and, aleem, have we been given any justifications for the charges that have and haven't been brought? are the authorities offering an explanation? not as yet. we've had very rudimentary a statement so far, but this was supposed to be, of course, a litmus test on how america does police accountability in the aftermath of george floyd's killing, and this will be a huge disappointment not only to people here in louisville but a lot of those who are looking for movement forward on civil rights this country. larry madowo has previously interviewed ms taylor's family. here he is on how they will react to the news. they expected some stronger charges.

this charge of wanton endangerment in the first degree carries a maximum sentence of five years in prison and fines of up to $10,000. that might explain why there is some anger in louisville today, because they feel it's a slap on the rest if you consider that this was a young woman who was shot dead in her own home and bled to death on her own floor. and, larry, in terms of the family's focus, one man has been charged, but were they hoping that, in fact, more men involved in the raid would have faced one charge or another? that was the expectation from the family that officers, not just brett hankison, who was fired from the police department and has now been indicted, but the other two officers would also be charged. that would be sergeant mattingly and officer cosgrove. and yet in the kentucky attorney general‘s statement, which we have just seen in the last few minutes, he said that they were justified in their use of fire because they had been fired upon by kenneth walker, who is a licensed gun owner,

like you mentioned. he they are not getting any charges against them, which is something that's going to lead to a lot of anger and disappointment, not just for the family but all those who have been out there in louisville asking and agitating for justice for the last three months. let's stay in the us, where three days of tributes to the supreme courtjustice ruth bader ginsburg have begun. she will then become the first woman to lie in state at the us capitol. earlier, a private ceremony was held inside the court where ms bader ginsburg served for 27 years. pallbearers carried her flag—draped coffin into the white marble court building. her coffin was then placed at the top of the grand front steps of the court, where members of the public will be able to pass by to pay their respects until friday. here you can see bill and hillary clinton paying their respects. and let's hear a bit from the ceremony. chiefjustice john roberts led a minute's silence and then tributes to the woman affectionately known as "the notorious rbg".

it has been said that ruth wanted to be an opera virtuoso but became a rock star instead. but she chose the law. subjected to discrimination in law school and the job market because she was a woman, ruth would grow to become the leading advocate fighting such discrimination in court. she was not an opera star but she found her stage, right behind me in our courtroom. there she won famous victories that helped move our nation closer to equal justice under law, to the extent that women are now the majority in law schools, not simply a handful. gary 0'donoghue is at the supreme court. it was a pretty moving ceremony, really, inside the great hall, not just the chiefjustice there a rabbi talked about her as being a model

american, a grand american, a real example of a true american, and the family was there, of course, and the other justices were family was there, of course, and the otherjustices were around. it was simple but a very moving ceremony, and just after that the casket was brought outside and placed at the top of the steps, the public have been queueing around the corner in three long columns going across the street, waiting to pass by, and they will get to that until tempe tonight, and again up until tempe tomorrow night, so they expect a lot of people. it's hard not to compare the calm of the scene you are describing with the scene you are describing with the heat of the political battle still surroundings who will replace her on the supreme court. yeah, this was a woman who made huge waves in life without any doubt with her campaigns and her legal opinions and her battling for gender equality and her battling for gender equality and of other kinds as well, but she is also making huge waves in death,

because her absence has led to a real political struggle here on capitol hill, where the president and the republican zenit are threatening to push through a conservative judge to take her place on the court before the election, or perhaps just after the election. they have the numbers to do it and, if they do that, the court here will ta ke if they do that, the court here will take a significant return to the right, with around six conservatives to three liberals, which could change american life for decades to come. the european union has announced a new approach to migration. here's how it works — the mandatory solidarity mechanism will oblige each member state to accept a number of refugees — and, in return, they receive a fee. member states will then decide which people can stay and which people must return home. failure to initially take in the migrants would see countries taken to court and fined. european commission president ursula von der leyen made the case for the new system.

the european union has already proven in other areas that it can ta ke proven in other areas that it can take extraordinary steps to reconcile diverging perspectives. we have created a complex internal market, a common currency and an unprecedented recovery plan to rebuild our economy is. it is now time to rise to the challenge, to manage migrationjointly, time to rise to the challenge, to manage migration jointly, with time to rise to the challenge, to manage migrationjointly, with the right balance between solidarity and responsibility. the background to this is that the eu's member states have been bitterly divided over what to do about migrants — divisions that become pronounced in 2015 when over a million people arrived, mainly via italy and greece. and already those divisions are being seen again. the austrian chancellor, sebastian kurz, has cast doubt on the idea of distributing asylum seekers across europe. for its part, hungary has always rejected the compulsory relocations of migrants. this is the reaction of one

right—wing hungarian mep. the proposal as it is this not unacceptable the proposal as it is this not u na cce pta ble to the proposal as it is this not unacceptable to hungary. there are some encouraging signs, for instance, the return sponsorship as a way to contribute to stability in europe. that is to say those who have come to europe illegally and have come to europe illegally and have no right to stay need to be taken back to their home countries, and those countries do not accept mandatory relocation of illegal migrants can contribute through that system. if that is going to be the case, and we will see in negotiations, that is something i think we can accept. so some hungarian enthusiasm for a new method of seeing people return to their home countries. we will have to see hungary is actually willing to see hungary is actually willing to a cce pt to see hungary is actually willing to accept the refugees. here's gavin lee with his analysis. i think certainly this is something

that really deliver of eu leaders in brussels, ursula von der leyen believes is a legacy defining moment for her. they have been working since the start of her presidency to say, this is something they can reshape to get everybody on board. diplomatically she has had some upper civil servants, her sherpas, going country to country in the last few months to work out what it is they can meet in the middle, so not to make anybody delighted by the plan, but what it is that doesn't ci’oss plan, but what it is that doesn't cross red lines, and they have been doing it now because of that moment, the burning of the refugee camp in lesbos, 30,000 people without a home, to say this is the tricky moment, it's called global attention, let's put forward this plan. where it strikes me as being different because they have talked about having plans in the past where you get money for each migrant, and in this case it will be 10,000 euros, $11,000. where it is different is the aim is to get those who have been so sceptical in the

past, like hungary and also the czechs, austrians, slovakians and polish to say, you don't have to ta ke polish to say, you don't have to take in migrants, you can adopt responsibility for a failed asylum seeker who comes to greece or italy 01’ seeker who comes to greece or italy or spain, you have eight months basically to contact the country of origin they are from and make sure you speed up the time it takes to get them to bow back. so it is leaning more towards the returns, and today we heard from the eu that around two thirds of migrants coming to the islands since 2015 have been failed asylum seekers, but a third have got refugee status. they believe, if they can speed up the returns, you are believe, if they can speed up the returns, you a re less believe, if they can speed up the returns, you are less likely to see the likes of the moria camp in future. stay with us on 0utside source. still to come... we'll look into what happened to the 400 whales that sadly died in australia, after becoming beached in shallow waters. a rescue effort continues.

the uk chancellor will give details on thursday of his latest plans to protectjobs through the winter, as the latest coronavirus restrictions come into force. the furlough scheme, introduced in march, has protected millions ofjobs but officially comes to an end next month. we've also heard the government has scrapped its autumn budget. here's the bbc‘s economics editor, faisal islam. big picture here is squaring the circle of having to support the economy and jobs more because of the extra restrictions of coronavirus announced in the past week, but also generally because of the economy. the first time, the same time, a budget would have been replaced where you start to explain how texas might have written to begin to pay some down payments. —— taxes might have risen. so tomorrow i think we'll get more spending on jobs, have risen. so tomorrow i think we'll get more spending onjobs, but that question about where is the payback on this, that can be

delayed. this is 0utside source, live from the bbc newsroom. 0ur lead story... a grand jury in kentucky votes to indict a former police officer involved in the shooting of breonna taylor. now — the controversy around the decision the uk government took as the virus initially surged in march will not go away. remember the uk locked down after many european countries like france and italy. and this clip from the bbc today programme became central to the debate about the government's reasoning. not to suppress it completely. also, because most people, the vast majority of people will get a mild illness, to build up some degree of herd immunity as well so that more people are immune to this disease,

and we reduce the transmission, at the same time we protect those who are most vulnerable from age. —— from it. that's the government's chief scientific adviser sir patrick vallance speaking in mid—march — before the country went into lockdown. he mentioned the concept of "herd immunity" — that's the idea that once enough of a population has been exposed to the virus, the population as a whole will build up natural immunity to it. that mattered because it suggested allowing the virus to spread was a deliberate policy. well, emails released to the bbc show the alarm among the government's top scientific advisers at the words used in that interview. in one email, sir patrick said, "herd immunity is not the strategy. the strategy is to flatten the curve and to shield the elderly. as we do this we will see immunity in the community grow". it's worth emphasising here that the government has always denied that herd immunity was a policy. in another email, sir patrick's frustration was clear — "no it is not the plan,"

he told an academic. the same weekend as he wrote to his colleagues — "anything you can do to calm our academic friends down over herd immunity would be greatly appreciated". here's secunder kermani with more of what he found in those emails. well, there have been huge questions, ros, as you know, about whether herd immunity was indeed a government policy or not. and certainly the government has always insisted that it was never a policy, but you heard that clip from sir patrick vallance, th government's chief scientific adviser, and that interview and a number of other interviews he gave the same day to other media outlets gave a lot of people the impression that herd immunity was indeed the strategy that was being pursued. now, these e—mails that i've obtained through the freedom of information act request, they revealed, really, the level of alarm amongst the seniormost advisers to the british government on coronavirus, their alarm at the backlash to the words used in those interviews and the references to herd immunity. as you said, in one of the e—mails,

sir patrick vallance asked a colleague for help in calming down academics who had publicly been very critical of the government's policy. and i should say the government say that these e—mails in fact actually substantiate their position, because the e—mails really consisted of sir patrick vallance and the chief medical adviser, professor chris whitty, pushing back and denying allegations that they are following this herd immunity strategy, but this controversy is not really going to go away and it's likely to be a major part of any future public inquiry that takes place. now, scientists don't agree on how many people need to be protected from the coronavirus before herd immunity is achieved. some say 43%, others 60% — and that percentage can be a combination of those who've had the virus and have developed antibodies that offer protection in the future and those who've had a vaccine, if it's available. on all of this, here's patrick vallance again this week.

something under 8% of the population have been infected, as we measure the antibodies, so about 8%, 3 million or so people, may have been infected and have antibodies. it means that the vast majority of us are not protected in any way and are susceptible to this disease. there may be other forms of protection that increase that number a little bit. 0ther that increase that number a little bit. other parts of the immune system. but it does mean that the vast majority of the population remains susceptible, and therefore you'd expect spread throughout them. clearly that's not anywhere close to a level where herd immunity would happen. to get close, you'd need to let the virus spread — but that risks serious consequences. here's a tweet from the harvard associate professor of epidemiology bill hanage.

this would have implications for those who needed to access health care. in the uk, the government is trying to suppress the virus until a vaccine is available to provide herd immunity that way. some scientists have backed that approach, but others want a more targeted approach to protecting the vulnerable. here's one, speaking on tuesday. we have seen the virus make its course through the less vulnerable sections of the population, an incredibly communitarian position, so we are incredibly communitarian position, so we are approaching it from that point of view. we are not saying, oh, this is curbing our personal liberties, we are talking about what is the best thing we can do overall for the welfare of the population as

a whole, not just for the welfare of the population as a whole, notjust to protect those who are vulnerable to covid but those who are vulnerable to lockdown itself, the poor, the young. the country most associated with the idea of herd immunity is sweden. while other european countries that went into a lockdown, sweden kept shops, restaurants and schools for younger children open. it did ban gatherings of more than 50 people and told the eldery and at—risk to isolate, but social distancing guidelines were voluntary. the rationale was that more suffering is created by closing down completely, and those lockdowns are difficult to maintain for the long haul. here's kim sneppen, a professor of biocomplexity in denmark. now it is going better in sweden thanit now it is going better in sweden than it is here. but i don't think it means that sweden has herd immunity. they are far from herd immunity. they are far from herd immunity. they are far from herd immunity. they have the same basically vitality per capita as great britain. but they have a way of behaving that makes it somehow

sustainable, what they are doing, and they are basically steady now. it's full sweden, maybe it's the right thing, except in the beginning, they should have done their lockdown earlier, reduction in big gatherings 1a days earlier, and thatis big gatherings 1a days earlier, and that is why they have the big come from. but sweden's policy has come at a cost. the death toll per million people is over five times higher than its neighbour denmark and ten times norway and finland. so an outlier for the region, but its rate is lower than countries like the uk, spain and italy. this is sweden's chief epidemologist speaking to the bbc last month. this disease continues to surprise us, andi this disease continues to surprise us, and i think being confident would be a bad thing to be. you have to be prepared for what could happen 110w. to be prepared for what could happen now. even so, that it has come down so now. even so, that it has come down so rapidly without us introducing any new measures, just keeping on what we have been doing the whole

time, it gives us some confidence. but there's still the winter to come, and sweden hasn't ruled out having to take further measures. in fact there are some signs in recent days that the infection rate there may be ticking up again. it will be a long time before we'll know whether sweden's gamble has paid off. we've got an update on the mass whale stranding in australia. almost 400 of them have now died after being beached on the west coast of tasmania. they were diccovered in an area called macquarie head this week. the latest pictures from there are upsetting. you can see the hundreds of dead pilot whales. it's thought one of the whales led the pod into these shallow waters and they then got stuck. the first rescuers counted 270 of them on monday. they discovered another 200 dead whales a day later. 50 have been saved. 30 are still stranded. rescuers are trying to use slings to help pull them off sandbanks —

they then refloat them, and guide them back to deeper water. it's slow, hard work. the whales are up to seven metres long and weigh nearly three tonnes. 0ne local trying to help is salmon fisherman tom mountney. they are remarkably calm. some of them are quite strong, so there is an inherent danger in dealing with them, but it's as if there is a sense of them knowing what we are trying to do and, yeah, it's going quite well and no one has been hurt. it's a hard one because you see other ones on the beach they are calling out to the ones we are freeing, and at times that is attracting them back. with hundreds of them there, it must be a massive communication going on underwater. experts tell us the surviving whales are exhausted and weak. here's marine biologist vanessa pirotta in sydney. it is likely, unfortunately, that some will probably pass overnight,

but we are hopeful some will remain alive, and i guess the next stage is, if they are in very poor condition, euthanasia might be the most humane way to help these animals that remain in such a poor state. this is now thought to be australia's biggest whale stranding on record. and the reasons these strandings happen is still not properly understood. here's vanessa pirotta again. there are a number of theories as to why they may possibly strand. a couple could be adventure, simply exploring a certain area. there is a complex along the tasmanian coast. they may have been feeding on certain prey items which led them astray, or other theories include individuals that were of ill health and led the population or, at least, the pod into a situation that was not very ideal. another thing could be maybe they were startled by something, acoustic noise, we simply don't know. that ends this edition of outside

source. we will be back tomorrow at the usual time. we have seen much cooler air push across the uk today, with a real contrast in weather fortunes. for england and wales, it's been cloudy with some fairly heavy outbreaks of rain around. this was wrexham earlier on. the rain has been pushing east, and it's been turning heavier. notice the darker blues in the rain band. in scotland, the cooler air has been accompanied by sunny skies and still conditions. a beautiful picture from for augustus in the highlands. as we head towards midnight, you will notice the rain hasn't cleared away from eastern england, and there will probably be another area of rain affecting parts of the midlands and east anglia. is this pocket of rain develops, this

area of low pressure is forming, so it gets quite windy road north sea coasts and english channel coasts. it becomes dry for a time, but the next batch of wet and 20 weather will extend into wales and south—west england later in the night. for include and wales, rain at times. quite dry for northern ireland, and staying dry in scotland. in the countryside, may be cold enough for a few errors of frost. thursday's weather picture dominated by low pressure. first one moving away from the east coast, the next one rattling into the south—west quickly, and this one will be bringing heavy outbreaks of rain, particularly across wales and western areas of england, and the winds will strengthen through the day, reaching gale force. we expect gusts probably next —— in excess of 50 mph in south—west england and pembrokeshire, so a blowing day. that's strong enough to bring them some tree branches. for northern ireland, rain not far away. scotland largely dry and sunny, but still

cold, 11 or 12 the high. for friday, is that area of low pressure moves away to the continent, we stopped to draw down northerly winds, so it's going to quite chilly on friday. there will be showers coming down through the irish sea coasts and showers or long outbreaks of rain in eastern areas of england. all the while, gusty northerly winds. inland, some areas will stay dry, sunny, with sparkling visibility, but it will feel chilly. 11 to 14 and, with northerly winds, feeling colder. those brisk winds with us for the first half of the weekend, perhaps still with some rain in eastern england, and some bright with a full sunday. —— bright weather for sunday.

there now follows a response by the leader of the opposition to yesterday's prime ministerial broadcast. good evening.

when i was elected leader of the labour party, i said i would always act in the national interest. that's why, as the nation continues to fight against this dreadful virus, my priority will always be the same as yours — to save lives and protect our nhs. sadly, despite all the sacrifices and heroism of the british people, it's clear we are not through this yet. the picture presented by the government's medical advisers this week was stark and clear. infections are rising. hospital admissions are increasing. and we know from bitter experience where that could lead. that's why the government had to introduce further restrictions last night. we support this, and i urge everyone

to follow the new guidance