Two Met Police officers accused of ‘dishonesty’ 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.
Two Metropolitan Police officers who denied having heard a restrained man say “I can’t breathe” before he died in custody lied under oath at the inquest into his death, a misconduct panel has heard.
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, which in October 9 2020 found the decision by police to use restraints on Mr Clarke “escalated the situation to a medical emergency” and contributed to his death.
The inquest jury at the time had reviewed body-worn camera footage and found that it was “highly likely” that at least one officer heard Mr Clarke say “I can’t breathe” on more than one occasion.
Both Pc Barnes and Pc McAleenan deny the allegations.
Amy Clarke, solicitor on behalf of the Metropolitan Police, told a misconduct panel sitting in central London on Monday: “Whilst these two officers are on the scene and interacting with Mr Clarke, at that point in the footage we can hear Mr Clarke say ‘I can’t breathe’.
“These officers, we say, did not take any positive action in order to ensure his welfare.
“These officers were in close proximity with Mr Clarke at the time.
“Following on from his death, there was an inquest, and at that inquest both officers were questioned about the allegation that Mr Clarke had said ‘I can’t breathe’ and that, effectively, these two officers had not done anything.”
Ms Clarke added: “We say that, having heard it, and having repeated that they had not heard it under oath at the inquest, was dishonest.”
Mr Clarke died on March 9 2018 following an incident in the Polsted Road area of Catford, south-east London.
During the incident, Mr Clarke, then aged 35, was restrained by 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.
Questioned by Ms Clarke at the misconduct hearing, Pc Barnes, 40, told the panel: “I did not hear Mr Clarke say ‘I cannot breathe’.
“We believed that he suffered from acute behavioural disorder (ABD) – we were all extremely concerned that day that our main priority was to get medical attention for Mr Clarke and to get him to hospital as soon as we could.”
The body-worn camera footage dated March 9 2018, in which the appropriate authority claims Mr Clarke can be heard groaning “I can’t breathe”, was played before the misconduct panel on Monday.
Chairwoman Catherine Elliott questioned Pc Barnes as to whether any of the officers present tried to make out what Mr Clarke was saying, adding: “He was clearly trying to communicate some things.”
Pc Barnes answered: “He was incoherent and he was not making any sense.
“When someone is suffering from ABD, they have irrational behaviours and make irrational comments.”
If the panel finds the allegations to be true, Pc Barnes and Pc McAleenan will be found in breach of the Standards of Professional Behaviour.
The conduct would amount to gross misconduct and justify their dismissal, the Met Police said.
The hearing continues.