PSNI sergeant failed in his duty over cell death, manslaughter trial told

CUSTODY sergeant based at Lisburn PSNI station failed in his duty of care to protect the health, safety and wellbeing of a man who died in a police cell, a jury has heard.

Opening the prosecution case against Brian McKenna at Belfast Crown Court yesterday, a barrister said the accused “failed in his responsibilities and duties” towards a man brought into custody.

David McGowan was arrested in Belfast on the evening of May 29, 2014 and taken to Lisburn.

In the early hours of the following morning, and after both asking for a doctor and telling a member of staff he had consumed around 40 tablets, he was found dead in a cell.

Sgt McKenna, whose address was given care of PSNI Lisburn station, has been charged with both causing Mr McGowan’s manslaughter, and of misconduct in a public office.

The officer denies both charges.

The jury heard that at one point after being told Mr McGowan claimed to have taken the tablets, Sgt McKenna replied: “Well, he’ll sleep well.”

The jury also heard that several tablets, including tramadol and diazepam, were found in the van used to transport him to custody, in the corridor of the custody suite, in his cell, and also in the pocket of his jeans.

Mr McGowan was pronounced dead by a doctor at 1.47am on May 30. A post-mortem examination revealed he died of “upper airway obstruction due to inhalation of gastric contents, due to toxic effects of alcohol and drugs”. A tramadol tablet was recovered from his trachea.

Crown barrister Richard Weir QC told the jury that during the trial they will be shown CCTV footage and hear recordings from the custody suite.

Outlining the circumstances leading to Mr McGowan’s death, Mr Weir said that he and a female were arrested following an incident in east Belfast, and that prior to this the pair had been drinking and taking drugs.

Following their arrest they were taken to Lisburn police station, where Sgt McKenna was custody officer.

Mr Weir said part of Sgt McKenna’s role was duty of care to everyone in the custody suite.

The prosecutor said Mr McGowan arrived at the custody suite at 11.07pm.

Mr Weir said: “The custody sergeant is required by law to find out what he has with him, to cause harm to him or others. Mr McGowan had handcuffs on when he arrived, and the handcuffs were removed. No search was conducted.”

The prosecutor said before he was led to a cell at 11.15pm Mr McGowan put his hand in the back pocket of his jeans and “appears to remove something”.

After Mr McGowan was taken to the cell, Sgt McKenna found a tablet in the corridor, and at around 11.30pm Alexander McAllister, who at the time was working as a civilian custody officer, told Sgt McKenna that Mr McGowan claimed he had taken 40 tablets. Mr Weir said despite being told of Mr McGowan’s claim “no action was taken at this stage”.

Ten minutes later Sgt McKenna found a second tablet near Mr McGowan’s cell. Mr Weir told the jury: “No action taken, no investigation, nothing.”

A doctor arrived at 11.47pm, and according to the Crown, Sgt McKenna asked him to check on another detainee first, and not Mr McGowan. He also showed the doctor the two tablets found — tramadol and diazepam.

Mr Weir said at this stage Sgt McKenna didn’t tell the doctor about Mr McGowan’s claims of tablet consumption, or the presA ence of white stuff in his mouth.

At 11.52pm Sgt McKenna was informed by Mr McAllister that Mr McGowan was asleep. Just after midnight the doctor and Sgt McKenna went to the cell and the doctor “put him on 30-minute observation with rousing”.

At 12.31am another tablet was found on the floor. The Crown says at this point there was “no action, no intervention”.

At 12.47am the doctor was informed Mr McGowan’s breathing was strange.

At 1.05am Mr McAllister went to the cell and told the doctor that Mr McGowan had vomited.

When they entered his cell Mr McGowan was on his back with vomit around his mouth and on the bench. Mr Weir said: “There was no appearance of breathing and no palpable pulse.”

The doctor conducted mouth to mouth and CPR, and an ambulance was called at 1.07am by Sgt McKenna who said Mr McGowan had taken some form of illicit substance and appeared to be dying. Mr McGowan was pronounced dead at 1.47am.

The court heard that in the aftermath of the death in custody an investigation was launched by the Police Ombudsman’s office.

Sgt McKenna was interviewed on three occasions, and said he didn’t search Mr McGowan as he was being aggressive.