IPCC receives heavy criticism

The Independent Police Complaints Commission (IPCC) has been the target of heavy criticism following their supervision of the investigation into the circumstances of the death of Michael Powell.

Following the event, eight officers were charged with misconduct in a public office, one with dangerous driving and another with aiding, abetting, counselling or procuring dangerous driving. All were acquitted on August 2.

“Serious questions need to be asked about the decision making processes that culminated in ten West Midlands officers being suspended for three years and prosecuted throughout a trial lasting in excess of 12 weeks,” said Paul Tonks, Chairman of the West Midlands Police Federation in a statement issued upon the conclusion of the trial.

He added: “The fact that this case ever arrived at Leicester Crown Court makes an absolute mockery of the criminal justice system, and does nothing to instil confidence in police officers who need to know that they are also protected by the law.”

“Throughout this trial the allegations against my colleagues have been shown to be wholly misconceived and unsustainable, and the prosecution has struggled to deal with and recognise fundamental failures in the woeful investigation conducted by Northamptonshire Police.”

“Regrettably, the process that saw these officers dragged through the court has been divisive rather than constructive, with a decision to prosecute appearing to be more about an agenda set by others as opposed to having been based purely on the evidence available. The responsibility for this rests squarely with the Crown Prosecution Service, and the IPCC.”

A CPS statement issued after the verdict said: “Ten officers were acquitted of misconduct in a public office and common assault. The jury was unable to reach a verdict on the dangerous driving charges and the Crown told the court it would not seek a retrial on those charges and the judge directed an acquittal.”

Senior lawyer Christopher Enzor said: “The Crown`s case was that some officers used excessive force in detaining Mr Powell – including an officer who deliberately drove a car at him – and that other officers did not help him when it was clear he was desperately in need of attention.”

Mr Powell, aged 39, died shortly after being arrested outside his mother’s home in the Lozells area of Birmingham on September 7 2003 whilst in the custody of West Midlands Police. He died after collapsing either en route to or at Thornhill Road police station in Handsworth.

The death was referred to the Police Complaints Authority (PCA) which began supervising an investigation by Northamptonshire Police. The IPCC replaced the PCA on April 1 2004 and had responsibility for concluding its cases.

Following the conclusion of the trial, Jan Berry, Chair of the Police Federation of England and Wales said: “What is abundantly clear from the evidence in this trial is that this case should never have come to court in the first place.

“By pursuing this prosecution, the Crown Prosecution Service (CPS) and the Independent Police Complaints Commission have failed the victim and his family, the police officers and the criminal justice system.

“I will seek an urgent review of the processes which resulted in this case going to trial to ensure that this does not happen again. Not only has it caused great distress to the officers involved, it has cost the public purse several million pounds. To that end I will be writing to the Director of Public Prosecutions and the Chairman of the IPCC seeking answers and clarification. I will also contact Her Majesty’s Inspectorate of Constabulary to ensure that appropriate training and guidelines are in place when one force conducts an investigation of another.”

Tim Coolican, Head of the Criminal Department at Russell Jones and Walker in Birmingham, said on behalf of the acquitted officers: “The officers have always believed that they acted properly to deal with a violent and disturbed man, having bee