Death of Sean Rigg

Events leading to death

Following a deterioration in his mental health, Rigg—who lived in a hostel for people with a forensic mental health history—became uncooperative and aggressive. Five 999 calls were made over a three-hour period by the hostel staff requesting emergency police help. During the fifth call, operator Maurice Gluck insisted that Rigg was not a police priority, informed the caller to speak with her MP if she was unhappy, and terminated the call. Police eventually responded to calls from members of the public who observed Rigg's "strange behaviour" in the street.

Four police officers gave chase to Rigg, who was handcuffed and restrained in a prone, face down position as officers leant on him for eight minutes. Arrested for assaulting a police officer, public disorder and theft of a passport—which was actually his own—he was then placed face-down with his legs bent behind him in the caged rear section of a police van and transported to Brixton police station. During the journey "his mental and physical health deteriorated" and he was "extremely unwell and not fully conscious" when eventually taken out of the van. This followed a delay of ten minutes during which he was left handcuffed in a 'rear stack' position, unattended and unmonitored while the van sat outside the station in the car parking area. One of the arresting officers was captured on the station's CCTV claiming that Rigg was "faking it".

Two officers then carried Rigg to the caged area at the entrance to the station's custody suite where he was left placed on the floor "handcuffed and unresponsive." After a further delay of 25 minutes Dr Nandasena Amarasekera, the Force Medical Examiner, was called to examine Rigg, although CCTV later showed that custody sergeant PS Paul White misled the doctor by telling him that Rigg was "feigning unconsciousness." When the FME examined him again ten minutes later he found that his heart had stopped and he was not breathing. Although CPR was attempted, Rigg was officially pronounced dead after arriving at King's College Hospital, Southwark.

IPCC investigation

The Independent Police Complaints Commission (IPCC) launched an investigation into Rigg's death on 22 August 2008. The investigation took 18 months to complete and concluded that there was no evidence of neglect or wrongdoing and that the police had acted "reasonably and proportionately." The IPCC investigation was completed by February 2010 but publication of the report was delayed until the Coroner's Court proceedings were completed.

Coroner's inquest

In August 2012, an inquest jury at Southwark Coroner's Court returned a narrative verdict which concluded that the police had used "unsuitable and unnecessary force" on Rigg, that officers failed to uphold his basic rights and that the failings of the police "more than minimally" contributed to his death. The inquest highlighted serious shortfalls in the IPCC's investigation, while South London and Maudsley NHS Foundation Trust was also criticised for failing to organise a mental health assessment for Rigg and failing to ensure that he took his medication.

Reactions

Daniel Machover, the solicitor acting on behalf of Rigg's brother Wayne, reacted: "Now that the IPPC has published its February 2010 report, the public can see for itself that the IPCC failed to properly examine the most basic evidence in its possession in Sean Rigg's case, including police incident records, photographs of the restraint and CCTV footage, which meant that officers were never asked key questions until the inquest. This helps to account for the gulf between the IPCC's ludicrous findings and the jury's damning narrative verdict: so, while the IPCC gave the police a clean bill of health in 2010, two weeks ago the inquest jury was highly critical of every aspect of the police conduct, including the eight minutes restraint in the prone position, a fact totally missed by the IPCC." Deborah Coles of the charity group Inquest, which campaigns on behalf of bereaved families with a particular focus on deaths in custody, said: "The IPCC investigation was fundamentally flawed from the outset and it is shameful that without the relentless and dogged determination of the family and their legal team, so many of these failures would never have been uncovered."

Evidence given by police officers

Following the inquest, the Metropolitan Police requested that the IPCC investigate the "honesty and integrity" of the evidence given to both the IPCC and the inquest by one of the officers.

Arrests

In March 2013 three Metropolitan Police officers were arrested on suspicion of perverting the course of justice with regard to evidence given at Rigg's inquest. In April 2014 the IPCC passed files to the Crown Prosecution Service (CPS) to consider whether criminal charges of perjury and perverting the course of justice should be brought against two of the officers, Sgt Paul White and PC Mark Harratt. White had given evidence at the inquest that he had checked on Rigg and carried out a risk assessment while he was detained in the police van, including his posture and his general demeanour, but CCTV evidence proved he had not visited the van at any time. Harratt had corroborated White's version of events. The third officer was cleared by the IPCC.

Decision not to prosecute

In October 2014 the CPS announced that there would be no criminal charges raised against the two officers. The CPS said that the prosecution "would have to prove the officers were lying and not simply mistaken" and that there was "insufficient evidence to prove a case against the officers for perjury or conspiracy to pervert the course of justice." They also said that "there is evidence to suggest that [White] has a medical condition which impacts on his memory, which is relevant given what the evidence suggests about the number of occasions on which he may have attended prisoners in the yard and the passage of time between the incident and the first interview." Marcia Rigg said: "My family is surprised and bitterly disappointed by today’s announcement. We categorically do not accept this decision, which only serves as further upset and anguish. We regard the evidence as compelling and strongly believe that a jury should have been given the opportunity to make a decision on the evidence. The public's confidence in the British criminal justice system is tarnished by decisions like this."

Victims' Right to Review and decision to prosecute

In July 2015 the CPS said that, following a request from Rigg's family under the Victims' Right to Review (VRR) policy, it had reviewed and overturned its previous decision and would now prosecute White. White was formally charged with perjury and bailed to appear at Westminster Magistrates' Court on 8 September 2015, but was not suspended from duties. Sue Hemming, the head of the CPS's special crime and counter-terrorism division, said: "After careful consideration of the evidence, I have decided that there is sufficient evidence to provide a realistic prospect of conviction and that it is in the public interest to charge Paul White with one count of perjury, which relates to the evidence he gave at Mr Rigg's inquest and therefore the original decision should be overturned. I also considered evidence against another police officer but agreed with the original decision not to prosecute due to insufficient evidence."

Following criticism of the decision to keep him on "restricted duties", White was suspended on 16 July 2015. Inquest released a statement saying: "It should be standard practice for a police officer charged with a criminal offence to be suspended. It should not be for a bereaved family to have to put pressure on the police to force them to do what is clearly in the public interest."

A jury at Southwark Crown Court unanimously acquitted Sgt White in November 2016. Rigg's sister Marcia said, "The jury's verdict was a surprise to me and my family but we will continue to fight for full accountability for those officers who were on duty at Brixton police station. That a custody sergeant can give false evidence in connection with a death in custody, something he accepts he did, is a shocking state of affairs."

Independent Commission on Mental Health and Policing

As a result of Rigg's inquest verdict, the Independent Commission on Mental Health and Policing was established in September 2012 to examine the conduct of the Metropolitan Police when dealing with people with mental health issues. The commission reviewed 55 cases involving mentally ill people who died or were seriously injured in police custody or following police contact between September 2007—September 2012. Five of the victims died following police restraint and 45 subsequently committed suicide. The review also included 4 cases of suicide by Metropolitan Police officers.

The commission, chaired by Lord Adebowale, highlighted a number of shortcomings in the performance of the police: