Suspended sentence for man on duty as detainee died in cell
A CIVILIAN detention officer who was on duty at Lisburn custody suite the night a detainee died in his cell was handed a sixmonth suspended sentence yesterday.
Alexander McAllister admitted a charge of misconduct in a public office, which arose from the May 2014 death of David McGowan.
The 30-year old, from the Lisburn area, choked on his own vomit and was pronounced dead in the early hours of May 30, 2014.
His “needless” death has had a significant impact on his family, especially his mother and sister, the court heard.
McAllister, a 62-year old former prison officer whose address was given as the PSNI in Lisburn, was guilty of misconduct over a two-hour period.
The six-month prison sentence was suspended for 12 months.
Sentencing him at Belfast Crown Court, Judge David McFarland spoke of a series of failures on McAllister’s part but said the misconduct was “reckless rather than deliberate”.
One such failure on McAllister’s part was not telling the doctor at the station about a claim made by Mr McGowan that he had taken up to 40 tablets.
Another failure, the court heard, was McAllister disobeying a specific request by the custody sergeant to check on Mr McGowan again after concerns were raised that the detainee was struggling to breathe.
Judge McFarland said that had this check been carried out when requested, evidence of vomiting could have been observed and could have led to intervention.
Brian McKenna, the custody sergeant who was on duty on the night in question, was cleared of the manslaughter of Mr McGowan in October of this year.
After a four-week trial, a Crown prosecutor said he was taking no further instructions and was offering no further evidence.
Sgt McKenna always denied the manslaughter of David McGowan, and of misconduct in a public office, and Judge McFarland directed the jury to return ‘not guilty’ verdicts.
During the trial, CCTV footage from Lisburn custody suite was played to the jury, while McAllister gave evidence and spent several days in the witness box.
Prior to sentencing, the court heard that McAllister’s plea reflected an acceptance that he wilfully neglected to perform his duties, which amounted to an abuse of public trust. The court heard David McGowan arrived at Lisburn custody suite with his girlfriend just after 11pm on May 29.
The couple had consumed both drink and drugs that day, and were arrested following an incident outside a flat in the Beersbridge Road area of Belfast.
While he had been aggressive
both during his arrest and on the journey to Lisburn, Mr McGowan had calmed down considerably while being processed at Lisburn, the court heard.
By 11.15pm, Mr McGowan was in his cell, with custody sergeant Brian McKenna ordering McAllister to check on him every 30 minutes.
Mr McGowan told McAllister he had taken up to 40 tablets, and McAllister noticed a white substance around his mouth.
He then relayed this information to Sgt McKenna, but failed to enter these details into the custody log computer system, or inform the doctor.
During a routine rousing at 12.35am, McAllister noted that Mr McGowan was struggling to breathe in his cell. However, this was not recorded on the log, as the entry read ‘visit — asleep — rouse — all in order.’
When a further check was carried out just after 1am, it was noted that Mr McGowan had been sick. Efforts were made to revive him, but he was pronounced dead a short time later.
Crown prosecutor Richard Weir QC said that after telling Sgt McKenna that Mr McGowan was struggling to breathe, McAllister “exhibited no sense of urgency or real concern” and at one point stood outside his cell eating a yoghurt.
Mr Weir also said that while McAllister had a more subordinate role than that of Sgt McKenna — who was in charge on the night in question — it was the Crown’s view that McAllister tried to shirk his responsibilities.
The prosecutor spoke of McAllister’s “appropriate training” and “background as a prison officer” but said there was a failure to communicate essential information with the “proper urgency it commanded”.
Mr Weir told the court the police were responsible for the welfare of people they arrest, most of whom are “vulnerable on a number of different levels”.
He also spoke of the impact the death in custody has had on Mr McGowan’s family, saying it was “abundantly clear” their lives have changed “not only by the death of their son/brother but also the manner of it and their justifiable anger and despair at its needlessness”.
Defence barrister Charles MacCreanor QC said McAllister acknowledged the suffering of the McGowan family, telling the court: “He carries the burden that something happened on his watch. He is carrying a psychological wound.”
Mr MacCreanor spoke of the genuine remorse which he said was exhibited when McAllister broke down several times giving evidence at Sgt McKenna’s trial.
The barrister said this was “robust evidence of a man wracked with remorse and guilt ... there is no-one who seeks to criticise him as much as he criticised himself ”.
Mr McGowan’s family, who were in court, spoke later of their devastation at his loss.
A statement issued via their solicitor said: “The McGowan family continue to be devastated at the loss of their much
loved son and brother David. He is forever in their thoughts and prayers.
“The family firmly believe, and consider that the evidence at this trial proves, that David would be alive today had he been treated humanely while in police custody.
“The McGowan family are frustrated at how the trial was prosecuted and have grave concerns as to how the substantive trial of the senior custody sergeant collapsed.
“The McGowan family consider that the extent of police failures and the gravity of the consequences are not reflected in the conviction and sentence handed down today.
“David should have been safe in police custody. He was not.”
He has the burden that it happened on his watch, it is a psychological wound
The family believe he would be alive today had he been treated humanely