Police custody death: Thomas Orchard restrained 'unlawfully'

http://www.bbc.co.uk/news/uk-england-devon-38811269

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Police staff accused of killing a man in custody restrained him "unlawfully", a court has heard.

Thomas Orchard, 32, who had schizophrenia, died in October 2012.

Custody Sergeant Jan Kingshott, 45, and civilian detention officers Simon Tansley, 39, and Michael Marsden, 56, deny manslaughter by gross negligence at Bristol Crown Court.

The jury was told Mr Orchard suffered a cardiac arrest in his cell after being restrained with a belt across his face.

He was found unconscious at Heavitree Road Police Station in Exeter and died seven days later in hospital.

The court heard Mr Orchard had suffered a relapse of his mental illness and was arrested in Sidwell Street on suspicion of a public order offence.

Mr Orchard had been working as a cleaner at a church in St Thomas in Exeter where the curate described him as "thorough and dependable".

The jury was shown CCTV of his arrest in which he could be seen handcuffed and wearing restraining straps.

He also had an Emergency Response Belt (ERB) applied over his face, including at times his nose and mouth, the court heard.

Mark Haywood QC, prosecuting, said: "The combination of force and physical restraints used on him, coupled with a complete failure to inquire and so to realise his true condition and also to observe him closely, led to him being starved of oxygen to the point of cardio-respiratory arrest.

"Not one of those directly responsible took sufficient care to see that he was breathing properly or at all.

"Instead, he was left in a locked cell under remote observation for a further 12 minutes until his true condition was discovered. By then, it was too late."

The judge, Mrs Justice Cheema Grubb, told the jury that this is a retrial of the three defendants.

The trial continues.