Officers cleared of blame for death in custody

An inquiry has cleared police of any blame for the death in custody of a prisoner who choked on a drug-filled Kinder egg.

Sheriff John K Mundy ruled police and medical staff were “faultless” in how they dealt with the incident that led to Walter Wallace’s death.

In written findings, issued yesterday after a fatal accident inquiry, Sheriff Mundy said: “I concluded that the procedures carried out by police officers and their staff could not be faulted.

“The Care and Welfare of Persons in Custody Standard Operating Procedures dated 30 October 2018 had been fully complied with. Further, I concluded that the actions of the medical staff could not be faulted.”

Mr Wallace, 32, a known drug user from Edinburgh, died at Edinburgh Royal Infirmary on December 11 2018 after collapsing in his cell at St Leonard’s Police Station in the city.

Sheriff Mundy found the cause was “choking on a foreign object in a man with multi-drug intoxication during physical restraint.” He made no other findings or recommendations.

He said: “It would appear that Walter had managed to conceal drugs internally, including the Kinder egg, and following being lodged in his cell, he had accessed them.

“At some point, he has attempted to conceal in his mouth or swallow the Kinder egg with the result that it lodged in his larynx causing him to choke.

“I concluded that there was no reason for the police, their staff or paramedics to know of the existence of such an obstruction before it was found while Walter was in the ambulance.”

He concluded: “This was an event where Walter took a risk in concealing drugs, with tragic and fatal consequences.”