Smiley Culture: no evidence of criminal offence

The Independent Police Complaints Commission (IPCC) has identified several areas of concern at the Metropolitan Police Service (MPS), including operational planning and risk management, but concluded that no criminal offence had been committed after a former reggae star died of a single stab wound while officers attended his home to carry out a search.

A separate report detailing the learning identified by the investigation is being sent to the MPS so it can consider its recommendations and respond to the IPCC with actions for implementing learning where required.

The IPCC investigated the actions of the four officers, as well as the planning of the operation as a whole. After consultation with lawyers from both the IPCC and the Crown Prosecution Service (CPS), IPCC Commissioner Franklin took the decision not to formally refer the report to the CPS.

At the time of the 48-year old’s death, relatives were told that he inflicted the wound on himself when he went into the kitchen to make a cup of tea. However, questions were raised as allowing someone to do so during a search is highly unusual.

Consideration was also given to whether the actions of individual officers met the threshold for misconduct under the Police (Conduct) Regulations 2008. The investigation concluded that there were no individual failings which, for the purposes of the Regulations, amounted to misconduct.

The investigation report into Mr Emmanuel’s death has been sent to HM Coroner to begin preparation for the inquest. The Coroner has already stated the inquest in to Mr Emmanuel’s death will be held with a jury and will not take place before the conclusion of the criminal trials to which Mr Emmanuel was allegedly linked.

The IPCC is expected to publish its investigation report when all proceedings are concluded.