Three Metropolitan Police officers were responsible for the death in custody of Mr Richard O'Brien (37), originally from Tralee, Co Kerry, a jury at the Old Bailey in London was told yesterday.
Opening the case for the prosecution, Mr Nigel Sweeney, told the court that the officers, Mr Richard Ilett (34), Mr Gary Lockwood (33) and Mr James Barber (29), breached their duty of care and appeared not to have acted on Mr O'Brien's pleas about his breathing difficulties when they held him face down on the ground after his arrest. The three deny charges of manslaughter.
On the day of his death Mr O'Brien, a father of seven, who was living in East Dulwich, south London, attended a christening with his long-time partner, Alison, and their two sons, Richard and James. Afterwards they went to a local dance at the English Martyrs' Club in Walworth. At about midnight the police were called following a disturbance at the club. At 12.15 a.m. Mr O'Brien, who weighed 19 stone and had drunk the equivalent of twice the legal driving limit, was arrested by Mr Ilett for being drunk and disorderly.
Mr Sweeney told the court that after his arrest the officers carried Mr O'Brien across the road where they handcuffed him and then intended to place him in a police van. However, "the three defendants held Mr O'Brien face down on the ground for a prolonged period of time, for more than five minutes".
Fifteen minutes later, at 12.30 a.m., police officers at nearby Walworth police station were attempting to revive Mr O'Brien. By 1.38 a.m. he was pronounced dead at King's College Hospital. When he died Mr O'Brien had 31 separate injuries, 12 to his head and face, which would have bled profusely, Mr Sweeney said.
Mr Ilett admitted restraining Mr O'Brien by putting his knee in his back and at one stage holding Mr O'Brien's head. Mr Lockwood held down Mr O'Brien's legs and middle, while Mr Barber said he folded Mr O'Brien's legs behind him so that they touched his thighs.
Mr Sweeney concluded that the method of restraint employed by the officers led directly to Mr O'Brien's death. "Their breach of duty was gross negligence. Holding a fat man in that position and in that way meant that, because of his size, his stomach was pressed against his diaphragm, thus restricting his ability to breathe," he said.
"In addition, because he was handcuffed, it made it more difficult for him to use accessory muscles to relieve his breathing difficulties. All that was needed to be done was to move him so that he could breathe."
The officers had used "extensive, unreasonable and therefore unlawful force, holding him down for a prolonged period". That unlawful force was dangerous and a substantial cause of his death, Mr Sweeney said.
The case was adjourned in the afternoon to allow the jury to visit the scene of the arrest.