by Alan Quick

SIX Devon and Cornwall Police officers are to face misconduct proceedings over the death in police custody of a former Crediton man.

Thomas Orchard, who had schizophrenia, died in hospital a week after he suffered a cardiac arrest in a cell at an Exeter police station in 2012.

Mr Orchard was arrested in Sidwell Street, Exeter, at 11am on October 3, 2012 on suspicion of a public order offence after suffering a relapse of his mental illness.

At the time, Mr Orchard had been working as a cleaner at his local church in the St Thomas area.

After a trial in February and March last year, three Devon and Cornwall Police staff were cleared of the 32-year-old’s manslaughter.

The trial heard that Mr Orchard was held down, handcuffed and a large webbing belt, Emergency Restraint Belt (ERB), designed to restrain arms and legs, was placed across his face after he made threats to bite, the six-week trial at Bristol Crown Court heard.

Devon and Cornwall Police custody sergeant Jan Kingshott (45), and civilian detention officers Simon Tansley (39), and Michael Marsden (56), had denied manslaughter by gross negligence.

During the trial the trio said they believed their actions were “proportionate and lawful.”

After deliberating for almost seven days, the trio were cleared of unlawfully killing Mr Orchard by gross negligence, by breaching their duty of care to him as a detainee.

PHYSICALLY RESTRAINED

He was physically restrained in the street and in the custody unit for 22 minutes, with the Emergency Restraint Belt around his face for five minutes and two seconds.

He was resuscitated in a cell but died in hospital on October 10.

The prosecutors alleged that the combination of force, physical restraints and a failure to observe Mr Orchard closely led to him being starved of oxygen.

The three officers said that Mr Orchard was being aggressive and threatening to bite them.

Questions were asked during the trial about the use of the American-made restraint belts being used by Devon and Cornwall Police.

Video footage shown in court showed Mr Orchard was carried to the cell by four officers and placed chest-down on a blue mattress in the cell and searched while handcuffed and in restraints, with the ERB around his face.

The court heard that he shouted a number of times and was also shown struggling violently. He was then freed from the restraints and left alone in the locked cell.

The CCTV footage showed him lying motionless on the mattress for 12 minutes before officers re-entered the cell.

It was said that by that time, Mr Orchard was not breathing and had suffered a cardiac arrest.

A pathologist said during the trail that Mr Orchard died from severe hypoxic-ischemic brain damage, caused by a prolonged cardio-respiratory arrest "following a violent struggle and period of physical restraint".

The hearing was told that police records did not contain a marker showing Mr Orchard had mental health problems.

It was also said that officers failed to glean any information as to his condition and used the belt as a hood.

COMMENT

The Chief Constable of Devon and Cornwall Police, Shaun Sawyer, said immediately after the case came to an end on Tuesday, March 14, 2017: “A Devon and Cornwall Police custody sergeant and two police staff custody detention officers, were found not guilty of gross negligence manslaughter, today, following a six-week trial at Bristol Crown Court.

“I fully recognise the impact of these long-running and difficult proceedings upon the family of Mr Thomas Orchard, his loved ones and friends, with whom my thoughts and condolences remain. 

“The trial has followed an Independent Police Complaints Investigation into the circumstances surrounding the death of Mr Thomas Orchard in October 2012 following his detention at Heavitree Police Station, nearly four-and-a-half years ago.

“The investigation and criminal proceedings has had a significant impact on all three Devon and Cornwall Police colleagues; Sergeant Jan Kingshott and Detention Officers Simon Tansley and Mick Marsden. That impact has also fallen on their families. All three colleagues and other members of the force involved in this matter, have maintained their professionalism throughout.

“There remains further considerations by the Independent Police Complaints Commission.

“Additionally, there will be further investigation by them and the Health and Safety Executive into corporate matters, with which the force has co-operated. As the corporate head, in my role as Chief Constable, I await decisions from them and the Crown Prosecution Service. I am not able to say any more in respect of those matters.

“Custody staff and colleagues within Devon and Cornwall continue to be professional and to serve our communities often under extreme and very difficult circumstances.

“Amongst our 25,000 or more detentions each year, so very many of those detainees are vulnerable through emotional crisis, mental ill health, physical ill health and substance misuse.

“Those detentions, conditions and practices within custody are scrutinised and reported upon independently by Her Majesty’s Inspectorate of Constabulary, the Police and Crime Commissioner, the Independent Custody Visitor scheme and where relevant, other independent regulatory bodies such as the Health and Safety Executive.

“In closing, I repeat, my thoughts and those of the force at this time and always, are with the family, loved ones and friends of Mr Thomas Orchard.”

HEARINGS TO BE HELD ‘IN DUE COURSE’

The Independent Office for Police Conduct (IOPC) says the hearings into the misconduct charges will be arranged "in due course".

The IOPC, formerly the Independent Police Complaints Commission, said a police sergeant, two detention officers and three police constables will face misconduct hearings relating to allegations regarding their use of force.

Regional IOPC director Sarah Green said the decision to direct the force to hold hearings had "not been taken lightly".

Devon and Cornwall Deputy Chief Constable James Vaughan said: "This is lengthy and complex correspondence for the force, and the officers and staff concerned will need to take the time they need to consider their position and the subsequent response to it.

"We continue to offer support to the staff involved in these proceedings but the effect this has had on them and the Orchard family since October 2012 cannot be underestimated."

ORCHARD FAMILY STATEMENT

Mr Orchard’s family have called for “fair and open” hearings so that lessons can be learnt from his death.

In a statement the family said: “Since the trial a year ago, our family has been shocked and outraged by the force’s persistent refusal to hold disciplinary hearings to establish if their staff seriously breached professional standards.

“We now urge Devon and Cornwall Police to hold the hearing swiftly and without further dispute, to consider asking another force to present the case and to open the proceedings to the public.

“Only by holding open, honest and transparent hearings can our family’s confidence be restored and the public interest be served.

“We hope that the media and public will join us to demand rigour and fairness from this process.

“We need the actions of the officers involved scrutinised in an open and honest manner because truth, accountability and a willingness to change practices are essential if such needless deaths are to be prevented in the future.

“We still remain hopeful that Thomas’s death has not been in vain and that lessons can be learned from it.”

The Police Federation said it was “extremely disappointed” at the decision to bring misconduct hearings.

It described the time taken by the IOPC as “totally unacceptable” and said it will continue to support the officers involved.