Officers cleared after pillowcase used on suspect

TWO West Midlands Police officers have been cleared of any wrongdoing after they transported a suspect to a police station with a pillowcase on his head.

PCs Paul Stewart and Joanne Jones were tasked with collecting Franklin Duberry after colleagues had covered his head when he spat at them inside a flat in Wolverhampton.

Both officers were cleared of misconduct and gross misconduct after a twoday hearing in Birmingham.

Misconduct panel chairman Laurence Anstis said the panel did not condone the use of a pillowcase, which he described as “unprecedented”. He also criticised the Independent Police Complaints Commission (IPCC) who had directed the investigation, adding that he had not been given a reason for the four-year delay between the incident itself and the hearing this week.

The panel were told that a number of officers had responded to arrest Mr Duberry, following claims two women were attacked at an address in Rudge Avenue, Wolverhampton on February 7, 2013.

The two response officers were tasked with collecting him in a small police van after he had spat at colleagues during his arrest.

Mr Duberry, who was also handcuffed behind his back, suffered broken ribs and a punctured lung during his arrest, it was heard. Two other officers were responsible for placing the pillowcase over his head at the scene because of concerns for their own health and safety. The hearing heard they had since received “management action”.

The panel heard that Mr Duberry has since been convicted of assaulting a police officer in connection with the spitting incident.

The misconduct panel was told by Barney Branston, who was presenting the case against the officers, that they had both failed to properly consider the welfare of the detainee when they kept the pillow case on his head for the journey to Bilston Street station, where it was later removed.

PC Stewart, aged 46, told the panel he had “dynamically risk assessed” the situation. He said: “He told us to f*** off, which was loud and clear. He continued to shout abuse throughout the journey. Part of our role is to dynamically risk assess situations. I was 99.9 per cent certain that, health wise, he was OK.

“Because of his demeanour I did not think it was appropriate to remove the pillowcase. The situation could have flared up. He had already spat at a colleague and he could have spat at us again.”

In clearing the officers of both misconduct and gross misconduct, panel chairman Laurence Anstis said: “The use of a pillowcase was unusual, in fact it was unprecedented. We accept the account given by the officers.”