Police officers acquitted following death of Michael Powell

02/08/2006

The case against 10 police officers who were acquitted of various charges following the death of Michael Powell was always going to be a difficult one, but the Crown Prosecution Service stands by its decision to prosecute, said senior lawyer Christopher Enzor.

Mr 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.

"There were conflicting eye witness accounts of what happened that night outside Mr Powell's mother's home in Lozells, Birmingham, but we felt there was enough evidence for a realistic prospect of conviction and it was in the public interest for a jury to hear the case.

"It is a very serious matter when a person in the custody of the state dies while in that custody and where there is sufficient evidence, the public interest will almost always require a prosecution."

The defence challenged the case several times at different stages, arguing that there was no case to answer, said Mr Enzor. He said: "At the end of the prosecution case, the judge directed the jury to acquit some officers of some charges, but said there was still a case for the jury to consider against the remainder.

"It has been very distressing for Mr Powell's family to listen to all that happened on the night he died, and our sympathies are with them. We hope they can take some little consolation from the fact that the events of that night have been examined in the public arena."

Notes to Editors

1. On 7 September 2003, Mr Powell was arrested outside his mother's house in the Lozells area of Birmingham and later died after collapsing either en route or at Thornhill Road police station in Handsworth.
2. PC Timothy Peter Lewis was charged with dangerous driving and PC David Neil Hadley with aiding, abetting, counselling or procuring dangerous driving. Both officers were also charged with common assault.
3. Acting Sgt Christopher John Wilson, Inspector Anthony James Guest, PC Nigel Peter Hackett, PC Steven Michael Hollyman, PC Lee Andrew Howard, PC Andrew Glenn Edwards, PC Luke Anthony Gill, and Sgt David Williams, were all charged with misconduct in a public office.
4. Misconduct in a public office is a serious offence which can only be heard at crown court. It carries a maximum sentence of life imprisonment.
5. On 2 August 2006, the 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; the Crown told the court it would not seek a retrial on those charges and the judge directed an acquittal.
6. For further information contact CPS Press Office on 020 7796 8180.