Hearings against officers over death of church caretaker dismissed

Thomas Orchard, 32, died in hospital seven days after being arrested and taken to Heavitree Road police station in Exeter, Devon, in October 2012.

During his detention, the man who had mental health issues was restrained and an emergency response belt (ERB) was placed across his face for five minutes and two seconds to prevent spitting or biting.

Devon and Cornwall Police held misconduct proceedings against Sergeant Jan Kingshott, who was the custody sergeant when Mr Orchard was taken to Heavitree Road police station; and Sergeant Alexander Kennedy, Pc Rob Dodd, and Pc Mark Nagle who were involved in his detention and restraint.

The panel, which was chaired by Assistant Chief Constable Ben Snuggs, of Hampshire Police, concluded the four officers could not have a fair hearing because the panel had “no confidence” in the disclosure process; the delay had caused “irredeemable prejudice”; and in respect of three of the officers, there had been a departure from the regulatory framework such that the officers could not have a fair hearing.

In a landmark conviction in 2018, the office of the chief constable of Devon and Cornwall Police pleaded guilty to breaches under the Health and Safety at Work Act.

A judge at Bristol Crown Court ruled he could not be sure that the ERB, a tough webbing belt designed to restrain limbs, was a contributory factor in Mr Orchard’s death.

He fined the force £234,500 and ordered it to pay £20,515 in prosecution costs.

At that time,…