Panel retires in misconduct hearing of Met officers over death of man in custody
Kevin Clarke, a relapsing paranoid schizophrenic, died in police custody at Lewisham Hospital in 2018 after he was restrained by up to nine officers.
A misconduct panel in the case of two Metropolitan Police officers who denied hearing a restrained man say “I can’t breathe” before he died in custody has retired to consider its decision.
Pc Danielle Barnes and Pc Elizabeth McAleenan are accused of having failed to ensure the welfare of a member of the public after Kevin Clarke, a relapsing paranoid schizophrenic, died in police custody at Lewisham Hospital in 2018.
It is alleged Pc Barnes and Pc McAleenan gave evidence that “was both dishonest and lacked integrity” at an inquest into Mr Clarke’s death in October 2020.
It found the decision by police to use restraints on Mr Clarke “escalated the situation to a medical emergency” and contributed to his death.
Both Pc Barnes and Pc McAleenan deny the allegations.
Wendy Clarke and Tellecia Strachen, the mother and sister of Mr Clarke, sat in the public gallery as a misconduct panel retired on Tuesday to consider whether the allegations are true, in which case both officers would face dismissal for gross misconduct.
Amy Clarke, solicitor on behalf of the Met, told the panel sitting in central London during her closing speech: “The first building block is the panel demonstrating whether or not it can be heard that Mr Clarke said ‘I can’t breathe’.
“I say that it can be heard in the footage, and it can be heard on a number of times.
“These officers were specifically there paying attention to whether or not Mr Clarke was breathing and well during the course of that intervention.
“On the balance of probabilities, they must have heard it.”
Ms Clarke added: “The allegations speak for themselves.
“It could not be anything other than gross misconduct, if you find these allegations to be true.”
Mr Clarke, 35, died on March 9 2018 following an incident in the Polsted Road area of Catford, south-east London.
He was restrained by up to nine officers after he was found lying on the ground in a playing field, acting strangely.
He was put into handcuffs and leg restraints, and lost consciousness as he was taken to an ambulance.
The bodyworn camera footage from both accused officers, in which the Metropolitan Police say Mr Clarke can be heard groaning ‘I can’t breathe’, was played during the misconduct hearing.
In it, both officers can be seen “in close proximity” to Mr Clarke’s head and upper body, which the Met Police say makes it likely that they heard Mr Clarke, but did not take action.
The officers’ defence barristers say Pc Barnes and Pc McAleenan did not hear Mr Clarke complain that he could not breathe.
Ailsa Williamson, for Pc Barnes, told the panel: “The footage is not clear enough for the Appropriate Authority (the Metropolitan Police) to prove that that was said, and it clearly is not clear enough for the Appropriate Authority to prove that Pc Barnes must have heard it.”
Ms Williamson added the officers did “everything that they should have been doing” at the time, including turning Mr Clarke to his side as to avoid positional asphyxia after he was restrained.
She said: “There is clear evidence that these officers were doing everything they could to escalate the arrival of the ambulance.”
Robert Morris, for Pc McAleenan, told the panel the circumstances of the incident made it “very challenging” to understand what Mr Clarke was saying.
“Many of the words are indecipherable, unintelligible and incomprehensible,” he said.
“And we know now that Mr Clarke was in the grips of a mental health crisis and was likely suffering from acute behavioural disorder and it did affect his ability to communicate.
“Pc McAleenan told the truth from the beginning and maintained her account over seven years.”
The panel is expected to return its decision on Wednesday.
