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Campaigners dismayed by result of prosecution

Deaths in custody campaigners have described the failure of the court to convict six West Midlands police officers over their role in the death of Michael Powell in Birmingham as "unsurprising".

However, a further investigation by the Independent Police Complaints Commission (IPCC) is ongoing into the officer's actions and the circumstances around Powell's death.

IPCC Commissioner John Crawley said the body and Northamptonshire Police, which investigated the officer's actions, will consider whether any disciplinary issues should be referred to West Midlands Police.

Factory worker Powell, 38, died at a police station in 2003 after his arrest in Lozells, Birmingham.

Sgt Chris Wilson, 31, Insp Tony Guest, 49, Pc Steven Hollyman, 46, and Pc Nigel Hackett, 40, were cleared of misconduct in a public office.

Pcs Tim Lewis, 33, and David Hadley, 27, were found not guilty of battery and were later cleared of dangerous driving charges.

DISTURBANCE

In 2003, the police had been called to a disturbance at the home of Powell's mother.

Michael, who suffered from mental health problems, later died after being taken to Thornhill Road police station.

His family said in a statement: "All we are seeking is justice. Sadly, today's verdict is a travesty of just that.

"This is yet another instance where a fit, young man has come into contact with the police, via a restraint, taken into custody and within a matter of hours is pronounced dead.

"Mikey was a hard-working, loving father of three boys - that's how he will be remembered by his family and friends.

"But for others, Mikey has become just another statistic, another person added to the growing list of deaths in custody where no police officer has been held accountable."

Gilly Mundy, of campaigning group Inquest, said: "The trial has examined very important issues which time and again are raised by similar deaths in police custody such as the use of force, CS spray and the care of vulnerable detainees in police stations.

"The family now await a prompt IPCC decision whether they will recommend disciplinary action against those officers who were charged with the care of Mikey on the night of his death."

Another campaigner pointed out that "juries never convict policemen", so the verdict was not unexpected.

The Police Federation has admitted than the case has cost the public "several million pounds".

Tim Coolican, spokesperson for the officers, said: "The officers have always believed that they acted properly to deal with a violent and disturbed man, having been called to do so by his family."

A West Midlands Police spokesman said: "We are deeply saddened by this case and must never lose sight of the fact that Michael Powell died when in our care.

"His death is a tragedy for his family and friends and our thoughts are with them at this time."

However, Police Federation chairman Jan Berry said the case should never have come to court in the first place.

She said: "By pursuing this prosecution, the CPS and the IPCC have failed the victim and his family, the police officers and the criminal justice system.

"Not only has it caused great distress to the officers involved, it has cost the public purse several million pounds."

Prosecution of the officers at Leicester Crown Court was led by Courtenay Griffiths QC.

At a public rally shortly after Powell's death, his partner, Marcia Williams, 34, said: "I will get justice for him."

Published: 09 August 2006
Issue: 1230

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