April 2019 represents fifty years since the killing of David Oluwale, for many the start of the roll call of deaths in police custody in the modern era. (1) In terms of judicial outcome, it is also one of the more successful cases in that the convictions of two police officers were secured. It should be emphasised that the officers Inspector Geoffrey Ellerker and Sergeant Kenneth Kitching were convicted of assaulting Bro. Oluwale’s not his death, even though all the available evidence and the investigating officer pointed towards their guilt of murder. (2)
Half a century on, Afrikans are still dying in disproportionate numbers at the hands of the police who are now even less liable to be disciplined let alone prosecuted. Other than by dangerous driving (sometimes including drunkenness) (3), the only time the police seem to get convicted over a death is when they kill their wives/families/girlfriends (if they don’t commit suicide first). (4)
The latest chapter of this most of sordid tales of injustice is scheduled to unfold between May 7th and June 4th 2019 at Her Majesty’s Coroners Eastern Area of Greater London in Walthamstow, for the inquest of Bro. Edir Franciso “Edson” Da Costa. As a recap 25 year-old father “Edson” Da Costa died in hospital six days after being detained by police in Beckton, east London on June 15th 2017 during a record breaking year that saw custody deaths rise to an eleven year high. (5) Not only were custody deaths hitting record levels, the Metropolitan police’s own data revealed that they were using force “against a disproportionately large number of black people” (6)
According to the Independent Office for Police Conduct (IOPC), the body that replaced the discredited Independent Police Complaints Commission (IPCC), Bro. Edson “attempted to swallow a number of bags which were later found to contain crack cocaine and heroin” when police stopped the car he was travelling in. The IOPC’s account continued, “While detaining Mr Da Costa the officers restrained him with handcuffs including one officer using CS spray and Mr Da Costa lost consciousness. A second team of officers arrived at the scene and carried out first aid. An ambulance was called and he was taken to hospital.” As a result, the then IPCC launched an investigation into the five arresting Metropolitan Police officers looking at the reason for the stop, force used, level of medical care provided and potential discrimination. (7)
While the family were still trying to come to terms with the chain of events that had brutally taken the life of their loved one, another devastating tragedy struck, Edson’s mother, Manuela Araujo, fell ill and died suddenly in Portugal in August 2017. Her family attributed the 45-year-olds passing to shock over her son’s death. (8)
The IOPC released their findings of the investigation into the death of Edson Da Costa in October 2018. Their conclusion was that the use of force by the arresting officers was “proportionate” but one officer may have committed misconduct over his use of CS spray. (9) If the recent Sean Rigg case is anything to go by they will likely be cleared of misconduct charges (10) and just undergo “management action,” which by their own definition “is not a formal misconduct outcome but is considered to be part of the normal managerial responsibility of managers in the police service.” So basically, off Scott free. (11)
Nevertheless, for the casual observer, the idea of “proportionate” action resulting in someone’s death must seem bizarre, raising many more questions that it answers. And answers are what the family are still seeking. Bro. Edson’s father Ginario Da Costa responded to the verdict:
“Edir’s death at such a young age devastated us as a family and undoubtedly resulted in his mother’s passing a few weeks later. While dealing with this double tragedy we were confronted with the shocking news that the officers involved in his death refused to be interviewed by the IOPC as part of their investigation. We have been left with many unanswered questions due to the officers’ refusal to cooperate. We are desperate for the truth, and hope that the upcoming inquest will provide the answers that the IOPC have been unable to deliver.” (12)
While the family and community hope for some result from the upcoming processes, the story so far has followed a familiar pattern. As Rod Charles, former police officer and great uncle of Rashan Charles, the 20 year-old killed at the hands of the police just one month after Edson Da Costa observed:
“The Independent Police Complaints Commission (IPCC) and its predecessor the Police Complaints Authority (PCA) did not effectively probe police conduct in numerous dubious deaths occurring over several decades, this was their primary failure. Secondary, is the abject lack of empathy and support to bereaved family and friends. First impressions of the recently rebranded ‘Independent Office for Police Conduct (IOPC)’ is a continuation of the same flawed processes.” (13)
Consequently there is now serious concern that the upcoming inquest may be prejudiced by the IOPC findings. Victoria McNally, a caseworker at Inquest, said the IOPC’s findings should be decided by an inquest jury alone and could amount to prejudice. “We have contacted the director general of the IOPC to raise our serious concerns.” Similarly, Susie Labinjoh, a partner at Hodge Jones and Allen, which represents the family, said it was “misguided” of the IOPC to release its findings before the inquest. (14)
Once, again the different elements of the state (including the so-called ‘independent’ ones), appear to be colluding to deny justice to victims of state violence. This has only been compounded by what observers call a “betrayal” of bereaved families by the Ministry Of Justice in it’s refusal to introduce automatic non means tested legal aid where the state is represented. Deborah Coles, director of INQUEST, the charity that supports families of those that have died in custody, said in response to the decision:
“The Ministry of Justice has failed to confront the reality of the uneven playing field faced by bereaved families, and the considered recommendations of all those who have looked at this issue. This is a dishonest response and a betrayal of those who invested in this review in the hope of securing meaningful change.” (15)
The sober analysis is that the weight of history is stacked resolutely against the family getting justice. Six years after the death of her brother Brian Douglas in police custody, Sis. Brenda Weinberg, reflected on the indelible stain such cases have on the consciousness in the award winning documentary, Injustice:
“Dead is dead. it’s permanent, it’s forever. And wanting justice for that death is also forever. I will never rest until it’s achieved. If its meeting MPs, if its joining a group, or campaigning or fighting, or making a damn nuisance of myself, that wanting of justice and eventually getting it is my goal. Because I can’t grieve, I can’t put Brian to rest, ever. If I know someone’s walking around out there responsible for his death, and they haven’t been brought to justice. The only things that does happen and as the time gets longer, it’s any kind of justice. It can be legal justice, or street justice. I don’t really care any more.” (16)
The state has already sent out a subliminal symbol by requesting that the Metropolitan police increase security at the upcoming inquest. But the reality is that it will more than likely be as much a surveillance operation as a security one, like at the Christopher Alder inquest in 2000. (17)
(1) Institute of Race Relations (1991) Deadly Silence: Black Deaths in Custody. Institute of Race Relations. p. 47
(2) Max Farrar (2016) Remembering David Oluwale. http://lucas.leeds.ac.uk/article/remembering-david-oluwale-max-farrar/
(3) The Impartial Reporter (17/02/17) Eilish MacSherry: Jail term for drink driving police officer https://www.impartialreporter.com/news/15081805.eilish-macsherry-jail-term-for-drink-driving-police-officer/; BBC News (23/03/16) Ex-PC Vinod Dahiya jailed for killing two in crash. https://www.bbc.co.uk/news/uk-england-shropshire-35882455; BBC News (26/10/09) Death crash police officer jailed. http://news.bbc.co.uk/1/hi/8326133.stm; BBC News (01/05/09) Pc jailed over girl’s crash death. http://news.bbc.co.uk/1/hi/england/tyne/8028666.stm;
(4) John Scheerhout (27/03/18) Leanne McKie murder trial live: Policeman Darren McKie jailed for life – live from court. https://www.manchestereveningnews.co.uk/news/greater-manchester-news/darren-mckie-murder-wife-trial-14368526; BBC News (01/02/16) Policeman Adrian Goldsmith jailed for life for wife’s murder. https://www.bbc.co.uk/news/uk-england-northamptonshire-35461145; BBC News (14/01/13) Ivan Esack jailed for murdering wife Natalie. https://www.bbc.co.uk/news/uk-england-kent-21012343; Press Association (26/06/13) Former PC jailed for life for murder. https://www.theguardian.com/uk/2012/jun/26/ukcrime?INTCMP=SRCH; Bury Focus (23/11/09) Man jailed for murdering fiancée. http://www.buryfocus.co.uk/news-features/17/news-headlines/32852/man-jailed-for-murdering-fiancee; Becky Evans (16/11/12) Former police inspector strangled his wife and six-year-old daughter before stabbing himself with a kitchen knife a week after being sacked from force. https://www.dailymail.co.uk/news/article-2234005/Former-police-inspector-Toby-Day-strangled-wife-year-old-daughter-stabbing-kitchen-knife.html.
(5) Clare Sambrook(25/07/18) Police watchdog omits 3 contentious deaths from record-breaking count of deaths in custody. https://www.opendemocracy.net/en/shine-a-light/iopc-omits-custody-deaths/
(6) Kevin Rawlinson (01/08/17) Met using force against disproportionately large number of black people. https://www.theguardian.com/uk-news/2017/aug/01/met-police-using-force-against-disproportionately-large-number-of-black-people
(7) Lizzie Dearden (30/10/18) Edson Da Costa: Force used against young black father who died after police restraint was ‘proportionate’, watchdog finds. https://www.independent.co.uk/news/uk/crime/edson-da-costa-death-police-restraint-beckton-london-iopc-inquiry-report-proportionate-a8608526.html
(8) Ibid.
(9) Ibid.
(10) 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
(11) Metropolitan Police Information Rights Unit (02/03/17) Freedom of Information Request Reference No:. https://www.met.police.uk/SysSiteAssets/foi-media/metropolitan-police/disclosure_2016/august_2016/information-rights-unit—misconduct-action-given-to-police-officers-in-the-borough-of-southwark-since-2012.
(12) Jon King (30/10/18) Nine police officers under investigation over death of mentally ill man restrained in custody. https://www.newhamrecorder.co.uk/news/crime-court/edson-da-costa-s-dad-says-there-are-unanswered-questions-after-iopc-ruling-1-5757976
(13) Sambrook. Op. Cit.
(14) Dearden. Op. cit
(15) Monidipa Fouzder (08/02/19) Fury over MoJ ‘betrayal’ on legal aid at inquests. https://www.lawgazette.co.uk/law/fury-over-moj-betrayal-on-legal-aid-at-inquests/5069214.article
(16) Ken Fero & Tariq Mehmood (2001) Injustice. Migrant Media.
(17) Jon King (30/10/18) Met asked to increase security at the inquest of young father who died after being restrained by police. hhttps://www.newhamrecorder.co.uk/news/crime-court/edson-da-costa-jury-selection-raises-questions-1-5889496; Rob Evans (27/02/18) ‘Four large black men’ at inquest followed by police, hearing told. https://www.theguardian.com/uk-news/2018/feb/27/christopher-alder-inquest-humberside-police-four-large-black-men-sister-followed-hearing-told
we ask the question:
Deaths in custody Part 12 – Is there any point in protesting?
1) Does a “proportionate” use of force that ends in death confirm the police’s license to kill?
2) Has the IOPC so far proven to be an improvement on the IPCC?
3) Why did the IOPC release its finding before the inquest if it might prejudice it?
4) Why was extra security requested at the inquest?
5) What would have to happen for police to be convicted of a custody death?