Jury find police failings contributed to death of man in police custody
The inquest into the death of Andrzej Kusper, which concluded last week at East London Coroners’ Court before Senior Coroner Graeme Irvine, has determined that the failings and omissions of police officers in respect of search procedures and monitoring contributed to his death.
Andrzej Kusper was described by his sister as “a genuine and kind-hearted man, who was very funny and generous”. He was a beloved father, brother and son. His loss is sorely felt by his family.
Mr Kusper, aged 38, died on 4 September 2021, after choking on a package of drugs in police custody . Despite being searched twice by officers, shortly before and after arrest, police failed to find the sizable wrap of drugs on his person, enabling Mr Kusper to place this in his mouth undetected. It was only whilst being booked into custody that officers noticed that Mr Kusper had an item concealed in his mouth, and, in short order, restrained him and took him to the ground. Mr Kusper subsequently fell into cardiac arrest, after choking on the package, and was pronounced dead following paramedics’ attendance.
The inquest heard that Mr Kusper was stopped and searched in the Leyton area by two Metropolitan Police Service officers at around 5.40pm, on 4 September, on suspicion of drug possession. He was subsequently arrested, and placed in the back of a caged police van, where he was subject to a further police search after an officer saw him putting his hand in his pocket. This search was cursorily conducted, whilst Mr Kusper remained in the police van, and confined only to his trouser pockets. In the CCTV footage of the search, which the Court viewed, Mr Kusper can be seen transferring the package from his jacket into his mouth unobserved, with a bulge then appearing to his cheek. The court heard how this package, later revealed to be a 9cm x 2cm plastic wrap of drugs, was entirely missed by officers during both searches. Nor was the bulge to Mr Kusper’s mouth identified on conveyance to custody, despite the MPS requirement for the escorting officer to undertake constant supervision of the detained person throughout the journey.
The court heard that the first point at which officers suspected Mr Kusper had concealed drugs in his mouth was during the booking-in process at the custody suite. Despite officers’ serious concerns over risk to life, either of choking on or swallowing the item, they failed to consider or put in place any plan as to how to manage this risk, or to make appropriate attempts to verbally engage with Mr Kusper and de-escalate the situation first before recourse to restraint.
Shortly after challenging Mr Kusper as to what was in his mouth, officers restrained him and took him to the floor. It was at this stage, the pathologist considered in her evidence, that Mr Kusper accidentally inhaled the package, resulting in his subsequent choking. The Court saw CCTV footage of him in apparent distress whilst being restrained, before later becoming unresponsive. CPR was commenced by officers, and paramedics later attended, however Mr Kusper’s condition was by that stage irreversible. He was sadly pronounced dead at the custody suite shortly before 8pm.
After a nine-day inquest, the jury found that the following police failings contributed to Mr Kusper’s death:
- Incomplete, complacent and unsatisfactory stop and search; and
- Incomplete and unsatisfactory further search-post arrest; and
- Inadequate monitoring of Mr Kusper during his conveyance to custody.
The jury also found that the police actions in the custody suite, on suspecting that Mr Kusper had concealed drugs in his mouth up until his prone restraint, were possibly contributory to his death, citing the officers’ poor communication and leadership. Criticism was also made of the ineffective communication between the police and emergency services, and similarly of the medical emergency response. In view of the circumstances, Mr Kusper’s own actions were also found to be contributory to his death.
The solicitor for Mr Kusper’s family, Ruth Mellor of Irwin Mitchell, said:
“Sadly, the hearing and the IOPC investigation have identified worrying issues in how the police responded to the circumstances in the lead up to Andrzej’s death. These situations are extremely high risk and must be managed carefully. Being detained carries a particular vulnerability and the protection of life must be paramount. Police officers have a duty to ensure the welfare and monitoring of those in their care which was not adhered to here. It is vital that lessons are learned.
While nothing can make up for their loss, the inquest has been a major milestone in being able to provide Andrzej’s family with the answers they deserve.”
Monica Kusper, Mr Kusper’s sister, said:
“Andrzej and I were very close; he meant the world to me and was the first one I ran to when I needed to talk. He was a genuine and kind-hearted man, who was very funny and generous. We, his family, have been deeply traumatised by his death. It has left a giant hole in my mum’s heart that she will not be able to fill. Andrzej leaves behind his young daughter who he loved and cherished.
It’s disappointing that the officers didn’t do more to keep Andrzej safe once he was in their care. We will always wonder whether they considered how he might have been feeling, and why they didn’t try harder to have a heart to heart with him once they realised that he was hiding something. It has been devastating to hear from the evidence that they jumped to using force without taking more time to consider the situation. Andrzej had his troubles, but he was trying to create a better life for himself. All we can hope now is that by speaking out improvements are made so other families don’t have to face the pain we now have to endure.”
See the press release from Irwin Mitchell here.
For media coverage see the BBC, Evening Standard and Romford Recorder.
Laura Profumo represented the family at the inquest, instructed by Ruth Mellor of Irwin Mitchell Solicitors.
