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Sean Rigg death: case against five police officers referred to CPS Sean Rigg death: case against five police officers referred to CPS
(about 3 hours later)
Five police officers could face criminal charges over the arrest of musician Sean Rigg, who died after being restrained. Prosecutors are to consider whether they should bring criminal charges against five police officers over the arrest, restraint and detention of Sean Rigg, a musician who died in Metropolitan police custody.
The Independent Police Complaints Commission (IPCC) said on Tuesday it had passed the case to prosecutors for a decision over whether a case should be brought to court. The Guardian understands that misconduct in public office is one of the potential offences to be considered.
Rigg, who had schizophrenia, died at Brixton police station in south London in 2008 after being held for eight minutes in the “prone position”. Rigg, 40, died on 21 August 2008 at Brixton police station in south London.
In 2012 an inquest jury found that police used “unsuitable” force after arresting Rigg for attacking passersby and officers. He was held in Brixton after being arrested in nearby Balham. On Tuesday the Independent Police Complaints Commission (IPCC) said it had passed the case to prosecutors after its investigation indicated “that a criminal offence may have been committed”.
He was taken to Brixton police station, where it was decided to keep him in a police van for 11 minutes until the custody area had been cleared. An inquest jury in 2012 found police actions had contributed to Rigg’s death, after he was held down in a V shape in a prone position for eight minutes.
Rigg was found to be unwell when he was taken into the building and later died from a heart attack. The Crown Prosecution Service will now decide whether the conduct of any of the officers who are understood to deny any criminal wrongdoing could amount to criminal conduct.
The IPCC’s deputy chairwoman, Sarah Green, said: “I have decided to refer this investigation to the Crown Prosecution Service to determine whether any criminal charges should be laid. The evidence relates to the actions of five police officers.” Those referred to the CPS include a sergeant and officers of police constable rank. One of the PCs had attempted to resign from the Met to become to become a Church of England minister, but the request was blocked.
The watchdog has carried out two investigations into the circumstances surrounding the death of the 40-year-old musician one into how police dealt with him on the day, and a separate inquiry into allegations of perjury. The IPCC’s deputy chair Sarah Green said: “Having reviewed the evidence and the final report I have decided to refer this investigation to the CPS to determine whether any criminal charges should be laid. The evidence relates to the actions of five police officers.”
His sister, Marcia Rigg, said: “I, and the rest of Sean’s family, welcome the decision by the IPCC to refer these officers to the CPS. We hope the CPS makes a decision to charge as soon as is reasonably possible. The IPCC had initially cleared police after an investigation now admitted to be flawed. But an inquest jury found the Met failed to uphold the detained man’s basic rights.
Sean Rigg’s sister, Marcia Rigg, welcomed the IPCC’s decision. She said: “I and the rest of Sean’s family welcome the decision by the IPCC to refer these officers to the CPS. We hope the CPS makes a decision to charge as soon as is reasonably possible.
“We have had to battle every step of the way through two separate investigations (one failed) and a lengthy inquest into Sean’s death to get to the bottom of what happened to my brother and to hold the officers involved to account for their conduct.”“We have had to battle every step of the way through two separate investigations (one failed) and a lengthy inquest into Sean’s death to get to the bottom of what happened to my brother and to hold the officers involved to account for their conduct.”
She said the five officers should be suspended and that this was “essential for ensuring continuing public trust in the police”. Rigg said all the officers concerned should be suspended, and this was “essential for ensuring continuing public trust in the police”. Two of the five officers referred to the IPCC are currently suspended, while three are not.
The Met could not immediately say whether the officers involved were working normally or were on any sort of restricted duties. Rigg, 40, who had paranoid schizophrenia, was living in a south London hostel in August 2008. Police were called after he allegedly smashed up a gazebo and made karate moves, which staff saw as threatening.
Three hours after the first 999 call, police responded and officers restrained Rigg and took him to Brixton police station, where he later died.
In a statement, the Met said it welcomed the IPCC’s move and had cooperated fully with its investigation. It said: “It would be inappropriate to comment further at this stage as we must allow the process to take its course. The referral to the CPS does not necessarily mean that criminal charges will follow and the CPS will made their decision on the basis of the evidence provided by the IPCC.
“Misconduct matters against any officer will also be considered in due course. The Met would again like to emphasis our sympathy to Mr Rigg’s family and acknowledge their loss.”
The home secretary, Theresa May, has taken an interest in the case and met Marcia Rigg.