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Custody death trial: police claims of bite threat are lies, court told Custody death trial: police claims of bite threat are lies, court told
(35 minutes later)
A police sergeant and two detention officers told lies when they claimed that a man with mental health issues threatened to spit or bite before they covered his face with a webbing belt, a court has heard. A police sergeant and two detention officers told lies when they claimed that a man with mental health issues threatened to spit or bite before they covered his face with a webbing belt, Bristol crown court has heard.
Thomas Orchard died after the emergency response belt (ERB) was wrapped around his head following his arrest for an alleged public order offence in Exeter city centre.Thomas Orchard died after the emergency response belt (ERB) was wrapped around his head following his arrest for an alleged public order offence in Exeter city centre.
Sergeant Jan Kingshott, 44, and civilian detention officers Simon Tansley, 38, and Michael Marsden, 55, who were all involved in the incident at Heavitree Road police station in Exeter, deny manslaughter.Sergeant Jan Kingshott, 44, and civilian detention officers Simon Tansley, 38, and Michael Marsden, 55, who were all involved in the incident at Heavitree Road police station in Exeter, deny manslaughter.
The prosecution says Orchard, 32, suffered a cardiac arrest and brain damage caused by oxygen starvation after the ERB was placed over his face.The prosecution says Orchard, 32, suffered a cardiac arrest and brain damage caused by oxygen starvation after the ERB was placed over his face.
The three men on trial say the belt was used because Orchard was threatening to bite them and insist their actions were proportionate, legal and in line with their training.The three men on trial say the belt was used because Orchard was threatening to bite them and insist their actions were proportionate, legal and in line with their training.
The jury has been told that all three made references to Orchard actually or threatening to bite or spit in records or interviews about the incident.The jury has been told that all three made references to Orchard actually or threatening to bite or spit in records or interviews about the incident.
But in his closing speech on Friday, the prosecutor Mark Heywood QC said: “They are lies. It’s as simple as that.” But in his closing speech on Friday, the prosecutor Mark Heywood QC said: “They are lies. It’s as simple as that.” Focusing on a moment when Tansley said Orchard was kicking and trying to bite his arm, Heywood said: “This bite simply didn’t happen. There was no spitting whatsoever and no spit threats.”
Focusing on a moment when Tansley said Orchard was kicking and trying to bite his arm, Heywood said: “This bite simply didn’t happen. There was no spitting whatsoever and no spit threats.”
He said Orchard did not make any verbal threats when he was in custody. “There was no verbal threats at any time at all when he came into custody. How does that sit with the custody records and interviews?He said Orchard did not make any verbal threats when he was in custody. “There was no verbal threats at any time at all when he came into custody. How does that sit with the custody records and interviews?
“The suggestion that Mr Orchard was shouting and making verbal threats, was aggressive, violent, comes all over the custody records and all over the interviews … They are lies.”“The suggestion that Mr Orchard was shouting and making verbal threats, was aggressive, violent, comes all over the custody records and all over the interviews … They are lies.”
Turning to how the ERB was used, Heywood said: “I won’t mince my words. His head was bagged and carried. It’s quite simple as that. From the time it was held in the holding area, to the time it was put down in the cell, by any measure or any sensible yardstick you care to expose that action to, it’s disproportionate, unauthorised and unreasonable. It carries with it a serious and obvious risk that breathing was compromised.”Turning to how the ERB was used, Heywood said: “I won’t mince my words. His head was bagged and carried. It’s quite simple as that. From the time it was held in the holding area, to the time it was put down in the cell, by any measure or any sensible yardstick you care to expose that action to, it’s disproportionate, unauthorised and unreasonable. It carries with it a serious and obvious risk that breathing was compromised.”
The Guardian led a legal battle for the release of CCTV footage of Orchard being arrested and restrained. The trial judge, Mr Justice King, had refused to allow the release of the footage, but three appeal court judges said video and still images of the incident could be made public once the defence cases had ended.The Guardian led a legal battle for the release of CCTV footage of Orchard being arrested and restrained. The trial judge, Mr Justice King, had refused to allow the release of the footage, but three appeal court judges said video and still images of the incident could be made public once the defence cases had ended.
The trial continues.The trial continues.