A POLICE sergeant and two custody detention officers have been charged with manslaughter and misconduct in public office following the death of Thomas Orchard in Exeter in October 2012, the Crown Prosecution Service (CPS) announced on Wednesday.

Mr Orchard, who worked as a caretaker at St Thomas Church in Exeter, was a 32-years-old who was suffering from paranoid schizophrenia and in a condition of relapse.

He was arrested on suspicion of a public order offence in Exeter City Centre and was restrained on the morning on October 3, 2012. He was taken to Heavitree Road Police Station Custody Unit and removed from the police van into the holding area and then a cell.

He was taken to the Royal Devon and Exeter Hospital after he was found unresponsive in a cell.

Emergency medical assistance was rendered in the cell but he died on October 10 having failed to recover.

A full file of evidence was submitted by the Independent Police Complaints Commission (IPCC) in October 2014 following their investigation into the way police officers are alleged to have conducted themselves during their contact with Mr Orchard.

Malcolm McHaffie, CPS Deputy Head of Special Crime, said: "Sergeant Jan Kingshott and Custody Detention Officers Simon Tansley and Michael Marsden, all of Devon and Cornwall Constabulary, have been charged with the manslaughter of Thomas Orchard and with misconduct in public office.

"As part of our review of this case we have also decided that there is insufficient evidence to bring charges against three Devon and Cornwall police constables and an on-site custody nurse employed by Serco.

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COURT DATE

"The decision to prosecute was reached after careful consideration of the evidence and was taken in accordance with the Code for Crown Prosecutors.

"We have determined that there is sufficient evidence to give rise to a realistic prospect of conviction and that a prosecution is in the public interest.

"All three individuals will appear at Exeter Magistrates' Court on January 29, 2015.

"Criminal proceedings have now commenced and the defendants have the right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings."

Devon and Cornwall Police Chief Constable Shaun Sawyer said on Wednesday: "Our thoughts are with the family of Thomas Orchard at this difficult time.

"The two-year long investigation that has followed has been difficult for all of those involved.

"The case was subject to an immediate referral to the IPCC by the Force and has been independently conducted by them since 2012. The Force and all officers and staff involved have fully co-operated with investigators from the IPCC and, latterly, the Health and Safety Executive throughout their investigation."

Mr Sawyer added: "We note the decision announced by the CPS today, regarding the Police Officer and two members of Police Staff to be charged with criminal offences. No further criminal action will be taken against three further officers and a contractor who was working within the custody centre.

"As a result of being charged a decision has been made that the officer and two members of staff have been suspended and this will be continually reviewed.

"We will continue to give appropriate welfare support to those officers and staff concerned.

"We also await further information from the CPS regarding any potential corporate proceedings against the Force. In due course a report will be produced by the IPCC which will provide us with an opportunity to understand if there are any lessons to be learned which have not already been addressed by the Force."

Mr Sawyer further added: "Devon and Cornwall Police take 25-30,000 people into custody each year and we remain committed to ensuring that they remain safe and receive a high standard of care from us."

FULL STORY IN ISSUE 1012