Afrika Speaks returns to the topic it’s dealt with one way or another over a dozen times in recent years. This is an attempt to edge ever closer to an affirmative answer, even if the outcome of the recent disciplinary hearing of the police officers that “more than minimally contributed” to the death of Sean Rigg suggests otherwise. (1)
Yet there are on-going cases that may yet yield results. One such case is that of Kevin Andre Clarke.
Bro. Kevin was a 35 year-old “father figure and a role model” who was a talented athlete and gifted footballer who coached children in the sport in the Catford area of South London where he lived in supported accommodation. (2) He had previously endured the painful wrath of the Metropolitan Police when he was tasered by them in 2015 while being sectioned under the Mental Health Act. (3) The experience didn’t dampen Bro. Kevin’s commitment to community work but it did leave him with the abiding fear that the “police would kill him”. (4)
His fears would go on to take a prophetic quality:
“At approximately 14:20hrs on Friday, 9 March, police were called by a member of the public to Polsted Road, SE6 after reports of a man seen attempting to gain access to the rear gardens of properties at the location.
Officers attended and found a man appearing to be in mental health crisis. London Ambulance Service was called as is standard procedure where it is possible that a person with mental health issues may be detained.
The 35-year-old man was detained at the scene.
The man was taken by London Ambulance Service to a south London hospital where he sadly died a short time later.” (5)
The man referred to is Kevin Clarke.
Bro. Kevin’s death became the first significant restraint case for the newly formed Independent Office for Police Conduct (IOPC), which replaced the largely discredited Independent Police Complaints Commission (IPCC) which itself took over from the even more discredited Police Complaints Authority. (6)
In an effort to put quickly put its best foot forward, the IOPC issued a statement the following day:
“The Independent Office for Police Conduct (IOPC) has begun an investigation following the death of man in south east London yesterday (Friday 9 March).
Metropolitan Police Service (MPS) officers were called to a residential address on Polsted Road, Lewisham on Friday afternoon. Our investigators have reviewed body-worn video footage that shows the man in an agitated state. Officers have told us the man appeared to be having a mental health crisis and so they called the London Ambulance Service. The man was restrained at the location. He became unwell while paramedics were at the scene and was transferred to Lewisham Hospital by ambulance where he sadly died.” (7)
The IOPC Regional Director Jonathan Green added:
“This is clearly a tragic incident. My thoughts are with Mr Clarke’s family and friends and all those affected. I am aware this incident is also of concern to the wider community and want to reassure everyone that we are making good progress with our independent investigation of the incident. (emphasis added)
Our enquiries have been greatly helped by the body worn video activated by many of the officers involved.” (8)
The “good progress” continued until May 8th when the IOPC released its second and final update since the death, replete with ready-made get out clause:
“We have taken statements from all the identified independent witnesses including the London Ambulance Service staff who attended the incident. We have established that there is no CCTV footage covering the grounds of St Dunstan’s College, behind Polsted Road, where Mr Clarke was restrained. Most of the officers involved had activated their body worn video cameras and that footage has been analysed by our investigators.
As a result of the evidence gathered to date, nine Metropolitan Police Service (MPS) officers have now been told their conduct is under investigation… At this stage, we have established that the decisions made and actions taken to restrain Mr Clarke may be in breach of police professional standards and may amount to gross misconduct. This position will be kept under review as the investigation develops and it is important to stress that this does not necessarily mean that misconduct proceedings will follow… Following a post mortem examination conducted on 20 March, the cause of Mr Clarke’s death remains under investigation and we continue to provide the pathologist with the evidence we have gathered to assist with the final post mortem report.” (9)
The update left Bro. Kevin’s family “reeling”:
“On the one hand, we feel vindicated that everyone who dealt with Kevin in his final minutes will be interviewed to explain their actions. Yet, we’re shocked to the core to learn that the police felt it necessary to use the force of nine officers to restrain one unwell man. ” (10)
In addition, Kevin’s Sister ,Tellecia Strachan, referred to seemingly perennial failure to ‘learn the lessons’ from previous cases like Sean Rigg, Kingsley Burrell and Olaseni Lewis: (11)
“Mental health patients should not be restrained. The [police watchdog] said that themselves last year and now we are here today – after Kevin was restrained. When we were told he was in custody and had been taken to hospital, we thought he was going to get the treatment he needed. We don’t have the full story yet, we’re just waiting for the answers.” (12)
Almost ten months on we are no clearer on how Kevin Clarke died or whether any of the officers involved will be disciplined, in spite of the proposed six to nine month time frame given by the IOPC to conclude their “thorough and comprehensive investigation.” (13) Moreover, the frequent references to the importance of body worn cameras aren’t necessarily a reason for optimism given that over 30,000 have watched the CCTV footage of young Rashan Charles being throttled to death by officer BX47 and ‘Witness 1’ and see both escape any sanction whatsoever. (https://www.youtube.com/watch?v=e41QT-m8Jks)
So the family still have no clear idea of what actually happened on that fateful day. Kevin’s mother, Wendy, said in an interview that she had arranged to visit him at his home but for some reason he left and seemed to be making his way to her. The family are haunted by the abiding agony that Kevin would have been “petrified” in his final moments in the custody of the police. (14)
As long as the police account (the only available one so far) of what happened that afternoon version remains unchallenged there probably will be no need for them to corral their media allies and proceed to assassinate the character of the deceased – as they have consistently from Joy Gardner through to Mark Duggan and beyond. (15)
It remains to be seen if the IOPC report is as thorough as promised and provides the answers that the family and the community requires, as well as identifying those that need to be are held to account. We certainly hope that the family don’t have to withstand a decade and more of botched inquiries resulting in no criminal, disciplinary or even verbal responsibility taken – as is the case with Sean Rigg. (16)
On the subject of Bro. Sean, the conclusion of the gross misconduct disciplinary hearing into the five police officers who failed in their duty of care of musician Sean Rigg in 2008 is the latest blow in a historic campaign. Sean’s sister Marcia said in response to the clearing of all the officers of all charges:
“I do not accept this decision. I do not accept this as an honest judgement of the evidence before the panel. I had little faith in these proceedings, but I always held hope they in the end they would do the right thing, based on such clear facts and evidence. My question remains, if the police acted as they were required, why is my brother dead? Nothing will tell me that this is justice.” (17)
Deborah Coles, Director of the charity INQUEST that has supported the family throughout the campaign, concurred:
“This shameful outcome points to the impunity of the police, and a process which frustrates the prevention of abuse of power and ill treatment. The delays in the process were the result of failings of the IPCC, and of the police to cooperate with the investigation.
This family’s ten year battle has been marked by a system corrupt in its protracted inadequacy. The Rigg family are the only people who come out of this process with any credibility. Their tireless efforts have led to significant changes and created greater visibility of deaths in custody and mental ill health.” (18)
The hearing outcome coincided with the eight and a half year manslaughter sentence given to Ceon Broughton who gave his girlfriend drugs and filmed her (something they liked to do to each other when consuming narcotics) as she died. In some circumstances, people do pay for watching someone die when you could have saved them. (19)
The cleared officers tried to elicit sympathy by complaining about the length of time the case has taken. One of them even refused to answer questions during the hearing in protest and instead referred lawyers back to his written statement. (20) However, the accused acted in full knowledge of the fact that had they told the truth from the outset (something the Metropolitan Police seems unable to compel their officers to do), had their colleagues at the IPCC not made a total hash of their first investigation and dragged their feet with the second one, the case may have concluded years earlier. (21)
Daniel Machover of Hickman and Rose solicitors, who represent the family, emphasised these points:
“Today’s dismissal of all the gross misconduct charges flies in the face of the inquest jury’s damning conclusions and makes a mockery of police misconduct procedures, as well as the efficacy of independent investigations into police conduct after deaths in custody.
Today will only serve to strengthen the police’s sense of impunity when failing to treat a mentally ill person who is obviously in crisis as a medical emergency or when using excessive force on people who subsequently die.
It is also scandalous that it has taken over ten years to get this point – a delay mainly down to the IPCC’s abject failure to both properly investigate at the beginning and then to carry out an efficient second investigation.” (22)
In February 2018 Sis. Marcia Rigg reflected on ten years of fighting:
“Towards the end of what I call a ‘cut throat battle’, I have learnt that true justice is unlikely, probably impossible… This has led me and many others to feel that there is no real justice or penalty for state wrongdoing. This destroys public trust and fuels resentment among Black communities who feel targeted and harshly treated. My story is just one of many. Our family has experienced unimaginable trauma, disappointment and exhaustion.” (23)
(1) Margaret Davis and Sam Blewett (01/03/19) Five police officers CLEARED after musician Sean Rigg died in custody in 2008. https://www.mirror.co.uk/news/uk-news/breaking-five-police-officers-cleared-14071586
(2) BBC News (28/03/18) Lewisham custody death man ‘beloved role model’. https://www.bbc.co.uk/news/uk-england-london-43575203
(3) Owen Sheppard (10/05/18) Family of man who died from mental health episode question police restraint. https://www.standard.co.uk/news/london/family-of-man-who-died-from-mental-health-episode-question-police-restraint-a3835241.html
(4) Ibid.
(5) Harmit Athwal (22/03/18) Justice for Kevin Clarke: Death in Lewisham. http://www.irr.org.uk/news/justice-for-kevin-clarke-death-in-lewisham/
(6) James Harrison and Mary Cunneen (2000) An Independent Police Complaints Commission. Liberty. p. 5. https://www.libertyhumanrights.org.uk/sites/default/files/an-independent-police-complaints-commission-april-2000.pdf
(7) IOPC (10/03/18) Investigation following death of man in Lewisham. https://policeconduct.gov.uk/news/investigation-following-death-man-lewisham
(8) IOPC (20/03/18) Update on investigation following the death of Kevin Clarke in Lewisham. https://policeconduct.gov.uk/news/update-investigation-following-death-kevin-clarke-lewisham
(9) IOPC (08/05/18) Investigation into circumstances surrounding death of Kevin Clarke progresses. https://policeconduct.gov.uk/news/investigation-circumstances-surrounding-death-kevin-clarke-progresses
(10) Harriet Agerholm (09/05/18) Nine police officers under investigation over death of mentally ill man restrained in custody. https://www.independent.co.uk/news/uk/home-news/metropolitan-police-kevin-clarke-investigated-restrained-mentally-ill-a8342326.html
(11) Harmit Athwal and Jenny Bourne (2015) Deaths in prison custody. p. 23 in Harmit Athwal and Jenny Bourne (Eds) (2015) Dying For Justice. Institute of Race Relations
(12) Paul Gallagher (209/04/18) The death of Kevin Clarke: family reveal how vulnerable 35-year-old lived in fear after previous encounters with police. https://inews.co.uk/news/health/death-kevin-clarke-family-interview-campaign/
(13) Ibid.
(14) Press Association (08/05/18) Family tell of agony as nine police officers probed over man´s custody death. http://www.dailymail.co.uk/wires/pa/article-5705031/Family-tell-agony-nine-police-officers-probed-man-s-custody-death.html
(15) Ryan Erfani-Ghettani (2015) The defamation of Joy Gardner: press, police and black deaths in custody. p. 67-69 and Harmit Athwal and Jenny Bourne (2015) After death – the struggle continues. p. 36-7. Both in Harmit Athwal and Jenny Bourne (Eds) (2015)
(16) INQUEST (01/03/19) All charges of gross misconduct against officers involved in the death of Sean Rigg dismissed https://www.inquest.org.uk/sean-rigg-miscondcut
(17) Ibid
(18) Ibid.
(19) BBC News (01/03/18) Bestival death: Ceon Broughton jailed for manslaughter. https://www.bbc.co.uk/news/uk-england-dorset-47413161
(20) Davis and Blewitt. Op. Cit.
(21) INQUEST (28/02/19) Gross misconduct hearing against officers involved in the death of Sean Rigg concludes Friday https://www.inquest.org.uk/sean-rigg-notice
(22) INQUEST (01/03/19)
(23) Marcia Rigg (09/02/18) Almost ten years without true justice. https://www.inquest.org.uk/blog/marcia-rigg-blog
we ask the question:
Deaths in custody – Will we ever get justice? Part 11
1) Are death in custody lessons not being learned or is something else going on?
2) Will the IOPC prove to be more effective than the IPCC?
3) Will the Sean Rigg hearing outcome “strengthen the police’s sense of impunity”?
4) Is it true justice “unlikely, probably impossible”?
5) Where now for the Sean Rigg campaign?
Our very special guest:
Sis. Marcia Rigg: is the older sister of Bro. Sean Rigg who died in Brixton Police station on 21/08/2008. Sis. Marcia has lead the campaign to get justice for her brother, compelling her to give up her 20-year career as a legal PA in the City, as leading the campaign “has been like a full time job.” Although the campaign is ongoing it has scored some significant legal victories against the state. Sis. Marcia is the current Chair of the United Friends and Families Campaign (UFFC), a coalition of those affected by deaths in police, prison and psychiatric custody.