Tuesday, October 08, 2013




Nutcase smothered to death by British cops

Four police officers are facing prosecution after a prisoner died in custody when a restraining belt was fixed across his face.

Church caretaker Thomas Orchard, 32, collapsed in a police cell after the belt was fastened across his mouth to stop him from 'spitting or biting' following his arrest in October last year, it has been reported.

Mr Orchard, who suffered from schizophrenia, was taken to hospital where he was pronounced dead on October 10 after a week in a coma.

The Independent Police Complaints Commission submitted a file of evidence to the Crown Prosecution Service to consider whether charges should be brought against four officers from Devon and Cornwall Constabulary, two members of the custody staff and a nurse employed by a contractor.

According to a report in The Times, a Government memorandum seen by the newspaper has suggested an emergency response belt was used on Mr Orchard to stop him from 'spitting or biting'.

The IPCC has confirmed to MailOnline that it looked at 'restraint techniques and equipment used during Mr Orchard's arrest and detention' as part of its investigation.

An IPCC spokesman said: 'The IPCC investigation into the death of Thomas Orchard led to a file of evidence submitted to the Crown Prosecution Service and the Health and Safety Executive. 'We are awaiting their decisions.

'The investigation has concluded and has looked at CCTV footage; taken statements; interviewed officers and custody staff; and reviewed relevant policies and training.

'The investigation has also looked at restraint techniques and any equipment used during Mr Orchard 's arrest and detention.'

Mr Orchard's family has told Channel 4 News they had concerns over the use of emergency response belts.

His sister Jo said: 'We don't know how, or why – fully – that it [the emergency response belt] was applied.'

Mr Orchard was arrested in Exeter on October 3 on suspicion of a public order offence and taken by police van to Heavitree Road Police Station at 11.10am.

Just over an hour later he was taken by ambulance to the Royal Devon and Exeter Hospital where he was placed in an induced coma in intensive care. He did not recover consciousness however when his sedation was lifted and he was pronounced dead on October 10.

After the IPCC handed over its file to the CPS, Commissioner Rachel Cerfontyne said: 'This file of evidence concerns Mr Orchard's time in custody and relates to two custody detention staff, three police officers, one custody sergeant and a nurse who is employed by a contractor.

'It will be a matter for the Crown Prosecution Service to determine whether criminal charges will be brought against any of those police staff involved in Mr Orchard's detention on that day.'

Channel 4 News has reported Mr Orchard's death was discussed at a meeting in February of the Ministerial Board of Deaths in Custody, which noted 'the company which supplied the equipment [Emergency Response Belt] had been training forces on its use as a hood to prevent spitting and biting'.

Minutes from the meeting also states: 'ACPO did not endorse its use as a spit/bite hood'.

According to reports, police forces nationwide have now been warned against using the belts in this way.

The police force meanwhile has refused a request by the IPCC for the staff involved in the incident to be suspended.

A Devon and Cornwall Constabulary spokesman said: 'Following this incident the Force has assisted the IPCC where ever possible in gathering information regarding their enquiry.

'An assessment was carried out by the Deputy Chief Constable and it was decided the staff concerned remaining at work on restricted duties would not impact or prejudice the investigation in any way.

'It’s important to note that no-one has been criminally charged in relation to Mr Orchard’s death and this investigation remains at an information gathering stage.

'The staff concerned have been moved to temporary roles which do not have direct contact with the public and are outside of custody. This follows Home Office guidance around the suspension of officers.

'We now await further advice from the IPCC concerning any developments with potential prosecutions.'

The force also said custody procedures 'are constantly reviewed as is any equipment used in the custody environment'.

Original report here

 

 

 

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