Met officer failed man who choked to death in custody - watchdog

The police watchdog found the officer had failed to adequately search or monitor the arrested man

An officer failed to adequately search a man who choked to death on a package of drugs, the police watchdog found.

Andrzej Kusper, 38, became unresponsive after he was taken to an east London custody centre on 4 September 2021.

He was given CPR but was later found to have died as a result of foreign body airway obstruction.

The Independent Office for Police Conduct (IOPC) found the officer had also failed to monitor Mr Kusper adequately.

Two plain-clothed Met officers were patrolling on Leasowes Road, Leyton, when they stopped Mr Kusper, the police watchdog said.

He was handcuffed to the front and an officer found a small package containing a white substance and arrested him on suspicion of possessing a class A drug.

When putting Mr Kusper into the back of a police van, an officer noticed he put his hand in his pocket but when he was searched they did not find anything.

It later was found Mr Kusper had a package in his mouth during the search, with CCTV footage showing a bulge appearing in his cheek after the van doors were shut.

'Incomplete searches'

When they arrived at Leyton Custody Centre, officers noticed that Mr Kusper had something in his mouth and asked him to spit it out.

He then became unresponsive and paramedics were called, but he was pronounced dead shortly after 20:00 BST.

A large amount of blue plastic material, which contained packages of cocaine and a by-product of heroin, was found later in Mr Kusper's windpipe.

At the conclusion of an inquest on Wednesday, the jury found failings in both police searches of Mr Kusper probably caused or contributed to his death, with them being described as "incomplete and unsatisfactory".

They found the police monitoring of Mr Kusper on his way to the custody suite in the police van probably caused or contributed to his death and there was a "missed opportunity" to see the package in Mr Kusper's mouth.

The inquest jury also said Mr Kusper's own actions contributed to his death, by failing to mention the package during the search, putting the item in his mouth in the van and keeping it hidden in his mouth at the custody suite.

'Lack of attention'

Following its investigation, the IOPC decided the officer who searched Mr Kusper should face a misconduct hearing.

The hearing was held by the Met which decided there would not be a disciplinary outcome for the officer and instead they would go through the reflective practice review process to consider opportunities for learning.

IOPC regional director Charmaine Arbouin said: "While it's clear Mr Kusper placed the item in his mouth which he subsequently choked on, it was our view that the officer's lack of attention in searching and monitoring Mr Kusper on the way to custody meant the item was not seen before he put it in his mouth.

"This incident shows the importance of carrying out thorough searches of detainees being taken to custody and actively monitoring those being transported to custody."

Speaking following the conclusion of the inquest, Cdr Paul Trevers of the Met Police said the force "routinely trains officers in how to keep people safe when they are arrested, in line with national guidance.

"However, we will carefully study the jury's findings in relation to the search, and any recommendations from the coroner to consider what else we need to do."

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