NEWS > 03 August 2006

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Guardian Unlimited - UK
03 August 2006

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Police cleared over death in c

The family of a man who died in custody said yesterday that the acquittal of 10 officers charged over his death was "a travesty of justice". They were speaking after the last six officers facing trial were cleared by a jury.
Yesterday's acquittals mean that none of the 10 West Midlands police officers tried over the death of Michael Powell, who died after he was detained outside his mother's home in the Lozells area of Birmingham in 2003, have been convicted.

Four other officers were acquitted halfway through the 10-week trial over the death of the 38-year-old factory worker, who is a cousin of the poet Benjamin Zephaniah.
While none of the officers were accused of causing Powell's death, it was claimed that the officers committed a number of offences during his detention, including battery and assault.

In a statement Powell's family said: "We are like any other family who have lost a loved one as a result of a death in police custody. 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, is taken into custody and within a matter of hours is pronounced dead."

During the trial at Leicester crown court, officers were accused of driving their car at Powell and using CS spray to restrain him. Courtenay Griffiths QC, prosecuting, said that Powell was restrained on the ground "inappropriately and excessively" in front of senior officers.

The six defendants denied the accusation, saying they had followed the training and guidelines on how to restrain a suspect. Two of the officers claimed that they believed that Powell was armed when they arrived at the scene. The jury acquitted Acting Sergeant Chris Wilson, 31, Inspector Tony Guest, 49, PC Steven Hollyman, 46, and PC Nigel Hackett, 40, of misconduct in a public office. PC Tim Lewis, 33, and PC David Hadley, 27, were cleared of battery, and the jury failed to reach a verdict on whether the pair were guilty of dangerous driving.

Speaking after the verdicts, Paul Tonks, chairman of the West Midlands Police Federation, said the fact that the case had been brought made an "absolute mockery of the criminal justice system" and blamed the Crown Prosecution Service and the Independent Police Complaints Commission.

However, IPCC commissioner John Crawley said the investigation by Northamptonshire police had been "robust and professional".

He added that the commission would consider whether the officers involved should still face disciplinary action over the detention of Powell.

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Article sourced from

Guardian Unlimited - UK03 August 2006

Police cleared over death in c

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Guardian Unlimited - UK
03 August 2006