Kevin Clarke: Met Police officers to face hearings over restraint death

Kevin Clarke died after he was restrained by up to nine officers in south-east London in 2018

Two Met constables will face misconduct proceedings following a reinvestigation of the death of a mentally ill black man who died in custody.

Kevin Clarke, 35, was restrained by up to nine officers in Lewisham on 9 March 2018 following an incident in Catford, south-east London.

He later died at Lewisham Hospital.

The Independent Office for Police Conduct (IOPC) reinvestigated the officers following issues raised with Met Police evidence during the inquest.

The watchdog added a third Met officer, a sergeant, would face gross incompetence proceedings for allegedly "failing to adequately supervise the situation".

A fourth officer, another constable, "should be subject to the reflective practice review process regarding their actions while Mr Clarke was being walked to an ambulance", the IOPC continued.

An inquest into Mr Clarke's death, held at Southwark Coroner's Court in October 2020, heard he told officers "I'm going to die" and "I can't breathe" as he was put into two sets of handcuffs - linked together due to his size - along with leg restraints.

The inquest determined Mr Clarke died as a result of acute behavioural disturbance, in a relapse of schizophrenia, leading to exhaustion and cardiac arrest.

The coroner recorded a narrative verdict, concluding the way Mr Clarke was restrained by Met officers was inappropriate and had contributed to his death.

'Alleged inaccuracies in evidence'

The IOPC said following its reinvestigation, which concluded in May, it found "two police constables should face gross misconduct hearings for alleged breaches of the police standards of professional behaviour relating to duties and responsibilities, for failing to provide an appropriate level of care to Mr Clarke, and for honesty and integrity".

The Met said the claimed breaches in honesty and integrity related to "alleged inaccuracies in evidence".

It comes after the watchdog challenged a Met Police gross misconduct hearing for one of the three officers, which the force held without notifying the watchdog or Mr Clarke's family.

The IOPC said at the time: "The IOPC has taken the unusual step of challenging the misconduct meeting as the Metropolitan Police Service failed to notify us or Mr Clarke's family of the date of the hearing, so neither we nor the family were able to attend as the regulations provide for.

"The regulations exist to ensure the system is transparent and fair, and failure to follow them deprived the deceased's family of their right to be able to ask questions at the hearing and for the IOPC to make representations."

The force later apologised to Mr Clarke's family for what it said was an "administrative error".

Tellecia Strachen, pictured with her mother Wendy, described Kevin Clarke as a "loving big brother"

Steve Noonan, the director of the IOPC, said: "Our thoughts remain with the family and friends of Kevin Clarke and all those affected by this incident.

"It is now for the MPS to organise proceedings for the three officers."

Met 'continually reviews policies'

The Met said since the IOPC's latest announcement "both officers have been placed on restricted duties", adding: "The IOPC found that the remaining five officers have no case to answer."

Det Ch Supt Trevor Lawry, local policing commander for south-east London, said: ""I know this update will have a significant impact, not only on the family but also the wider community, and want to offer my reassurance that we will look to bring these matters to a conclusion as soon as possible.

"We continually review our policies in line with national guidance around restraint, as well as how we assist those in mental health crisis, and are working with colleagues nationally to consider our training and guidance to officers in dealing with these kinds of fast-paced and challenging incidents."

The IOPC added it decided not to send a file of evidence for the Crown Prosecution Service to consider any criminal charges.

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