There were cheers of delight in the public gallery of London's Old Bailey yesterday as three Metropolitan Police officers were found not guilty of manslaughter. The charges arose from the death in custody five years ago of Richard O'Brien (37), originally from Tralee, Co Kerry.
The three officers, Mr Richard Ilett (34), Mr Gary Lockwood (33) and Mr James Barber (29), had denied manslaughter and accusations that they breached their duty of care to Mr O'Brien, when they arrested him for being drunk and disorderly on a south London street in April 1994.
The defence argued that Mr O'Brien had died after suffering from a heart attack due to his large size and enlarged heart. The officers said they had followed police procedure; Mr O'Brien was struggling violently during his arrest.
Afterwards the Metropolitan Police Federation criticised the Crown Prosecution Service for pursuing the case after it had twice announced that they would not be prosecuted.
Mr Glen Smyth of the federation accused the CPS of making "politically motivated" decisions.
"It must be remembered that Mr O'Brien died suddenly and unexpectedly," he said. "That has been a tragedy for everyone involved in this case. "The three of them [the officers] have been subjected to a process that had largely failed them. The CPS have much to be embarrassed about."
The decision to go ahead with the prosecution came after Mr O'Brien's family sought a judicial review after a verdict of unlawful killing was returned at an inquest.
The Old Bailey jury was not told of the inquest jury's verdict, but Chief Supt John Godsave, of Walworth police station, said the trial had been a long and anxious experience for everyone, and the officers had been the subject of "the most intensive scrutiny".
He sympathised with the O'Brien family: "Whilst it is now possible for those officers to return to normal duties and continue their careers, our thoughts go out to Mrs O'Brien and her family. We deeply regret the death of Mr O'Brien and the distress suffered by the family."
During the six-week trial, the prosecution had alleged that the method of restraint used by the officers led directly to Mr O'Brien's death. Mr O'Brien, who was living in East Dulwich, south London, with his partner Alison, and their two children, Richard and James, had drunk the equivalent of twice the legal driving limit when he was arrested.
He was a large man, about 19 stone. The prosecution alleged that in the early stages of his arrest, the officers held him facedown on the pavement "for a prolonged period of time", pressing against his stomach and diaphragm and restricting his ability to breathe.