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You can find the current article at its original source at https://www.theguardian.com/society/2017/sep/05/police-chief-lied-about-man-with-mental-health-issues-who-died-in-cell-hearing-james-herbert
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| Police inspector lied about man with mental health issues who died in cell, hearing told | |
| (11 days later) | |
| A police inspector “built a story” that a young man with mental health issues – who died after being restrained by officers and left naked in a cell – had been behaving aggressively, a misconduct hearing has been told. | A police inspector “built a story” that a young man with mental health issues – who died after being restrained by officers and left naked in a cell – had been behaving aggressively, a misconduct hearing has been told. |
| Justin French allegedly tried to “cover his tracks” by claiming 25-year-old James Herbert was “shouting, screaming and kicking” as he was being driven to a police station in Somerset. | Justin French allegedly tried to “cover his tracks” by claiming 25-year-old James Herbert was “shouting, screaming and kicking” as he was being driven to a police station in Somerset. |
| By the time Herbert, who had been detained under the Mental Mealth Act, arrived at Yeovil police station he was unresponsive and was carried inside on a stretcher fashioned out of a blanket. | By the time Herbert, who had been detained under the Mental Mealth Act, arrived at Yeovil police station he was unresponsive and was carried inside on a stretcher fashioned out of a blanket. |
| French, who was the duty inspector and critical incident manager, believed Herbert was pretending to be unconscious and he was left on a cell floor. Only when Herbert did not move again was an ambulance called. | French, who was the duty inspector and critical incident manager, believed Herbert was pretending to be unconscious and he was left on a cell floor. Only when Herbert did not move again was an ambulance called. |
| French made no mention of Herbert, a data recovery engineer, being violent when he recorded the incident in his police notebook that night. However, when he gave accounts to a coroner and to the Independent Police Complaints Commission (IPCC) he claimed that as Herbert was driven to the police station by two other officers he heard him lashing out via his police radio. | French made no mention of Herbert, a data recovery engineer, being violent when he recorded the incident in his police notebook that night. However, when he gave accounts to a coroner and to the Independent Police Complaints Commission (IPCC) he claimed that as Herbert was driven to the police station by two other officers he heard him lashing out via his police radio. |
| Robert Talalay QC, presenting the case against French, claimed he lied because he knew he was “on the hook” over Herbert’s death. He told French: “You lied to try to justify your lack of appropriate action to take care of Mr Herbert.” | Robert Talalay QC, presenting the case against French, claimed he lied because he knew he was “on the hook” over Herbert’s death. He told French: “You lied to try to justify your lack of appropriate action to take care of Mr Herbert.” |
| He added: “It was all about covering tracks. It is not alleged that this officer was corrupt to the core, just that in this instance he has lied to protect himself.” | He added: “It was all about covering tracks. It is not alleged that this officer was corrupt to the core, just that in this instance he has lied to protect himself.” |
| The case comes days after the Guardian revealed that an unpublished report on deaths in police custody is calling for far-reaching reforms on how people with mental health difficulties are dealt with. | The case comes days after the Guardian revealed that an unpublished report on deaths in police custody is calling for far-reaching reforms on how people with mental health difficulties are dealt with. |
| It demands a review on how people detained are restrained and says that those with mental health issues should not be placed in police cells. It also raised concerns about police officers conferring with their colleagues following deaths in custody. | It demands a review on how people detained are restrained and says that those with mental health issues should not be placed in police cells. It also raised concerns about police officers conferring with their colleagues following deaths in custody. |
| Herbert was detained after being seen running in and out of traffic on a busy road in Wells, Somerset, in June 2010. He was placed in the cramped cage of a police van, handcuffed behind his back and with two sets of restraints on his leg was driven almost 30 miles to Yeovil. | Herbert was detained after being seen running in and out of traffic on a busy road in Wells, Somerset, in June 2010. He was placed in the cramped cage of a police van, handcuffed behind his back and with two sets of restraints on his leg was driven almost 30 miles to Yeovil. |
| An inquest jury in 2013 concluded that Herbert died of cardiac arrest after taking a then legal high. But it highlighted factors that may have contributed, including a lack of communication between police officers about Herbert’s mental health, the failure to call for medical assistance while he was being taken to the police station and the need for closer monitoring of him. | An inquest jury in 2013 concluded that Herbert died of cardiac arrest after taking a then legal high. But it highlighted factors that may have contributed, including a lack of communication between police officers about Herbert’s mental health, the failure to call for medical assistance while he was being taken to the police station and the need for closer monitoring of him. |
| During the misconduct hearing at Avon and Somerset police’s headquarters on Tuesday, it emerged that as Herbert was being driven to Yeovil, one officer called for a “reception committee”, possibly including an officer with a stun gun, to be prepared. | During the misconduct hearing at Avon and Somerset police’s headquarters on Tuesday, it emerged that as Herbert was being driven to Yeovil, one officer called for a “reception committee”, possibly including an officer with a stun gun, to be prepared. |
| It is claimed French, a former Royal Marine, “deliberately exaggerated” Herbert’s behaviour as being more violent, aggressive and unpredictable – and for a longer period – than what he knew to be true. | It is claimed French, a former Royal Marine, “deliberately exaggerated” Herbert’s behaviour as being more violent, aggressive and unpredictable – and for a longer period – than what he knew to be true. |
| In a statement French made for Herbert’s inquest, he said: “I could hear shouting, screaming and kicking/banging in the police vehicle over the radio … he [Herbert] appeared from the screaming/banging to be violent and volatile.” | In a statement French made for Herbert’s inquest, he said: “I could hear shouting, screaming and kicking/banging in the police vehicle over the radio … he [Herbert] appeared from the screaming/banging to be violent and volatile.” |
| French insisted he had given an honest account. “It’s exactly what I believed happened,” he said. | French insisted he had given an honest account. “It’s exactly what I believed happened,” he said. |
| Talalay claimed French had “built a story” that Herbert was aggressive because he was “potentially on the hook for a man’s death”. The barrister put to the officer: “You have knowingly inflated your account to make Mr Herbert’s behaviour seem much worse.” French, who denies gross misconduct, replied: “No.” | Talalay claimed French had “built a story” that Herbert was aggressive because he was “potentially on the hook for a man’s death”. The barrister put to the officer: “You have knowingly inflated your account to make Mr Herbert’s behaviour seem much worse.” French, who denies gross misconduct, replied: “No.” |
| French insisted his accounts to the coroner and IPCC reflected his “honest belief of what happened”. His barrister, Adrian Keeling QC, said his account was a “wholly honest attempt by a wholly honest man to do the best he can”. | French insisted his accounts to the coroner and IPCC reflected his “honest belief of what happened”. His barrister, Adrian Keeling QC, said his account was a “wholly honest attempt by a wholly honest man to do the best he can”. |
| Keeling read character references from fellow officers who described him as professional, resilient and honest. | Keeling read character references from fellow officers who described him as professional, resilient and honest. |
| Herbert’s parents, Barbara Montgomery and Tony Herbert, were present at the hearing. After the inquest they said their son had been “trussed up like a chicken” during the 45-minute journey to the police station. They said: “No person should have been subjected to that journey, let alone a mentally ill one in a highly distressed state. It was inhumane.” | Herbert’s parents, Barbara Montgomery and Tony Herbert, were present at the hearing. After the inquest they said their son had been “trussed up like a chicken” during the 45-minute journey to the police station. They said: “No person should have been subjected to that journey, let alone a mentally ill one in a highly distressed state. It was inhumane.” |
| They added the “most shaming thing” was that the officers and the police force “were far more concerned about absolving themselves from criticism than from owning up to and thereby learning from their terrible errors”. | They added the “most shaming thing” was that the officers and the police force “were far more concerned about absolving themselves from criticism than from owning up to and thereby learning from their terrible errors”. |
| The hearing in Somerset continues. | The hearing in Somerset continues. |
| Mental health | Mental health |
| Health | Health |
| Police | Police |
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