Met PCs deny hearing dying man's 'I can't breathe'

Two Metropolitan Police officers who denied having heard a restrained man say "I can't breathe" before he died in custody lied under oath at his inquest, a misconduct panel has been told.

Danielle Barnes and Elizabeth McAleenan are accused of failing to ensure the welfare of a member of the public after Kevin Clarke, who had paranoid schizophrenia, died in police custody at Lewisham Hospital in March 2018.

It is alleged the officers gave evidence that "was both dishonest and lacked integrity" at his inquest. Both deny the allegations.

In October 2020, the inquest jury found the use of restraints on Mr Clarke "escalated the situation to a medical emergency" and contributed to his death.

The inquest jury had reviewed body-worn camera footage and found it was "highly likely" at least one officer heard the 35-year-old say "I can't breathe" on more than one occasion.

Amy Clarke, solicitor for the Met Police, earlier told the misconduct panel that the two officers were on the scene and interacting with Mr Clarke, when he said "I can't breathe".

Ms Clarke added: "These officers, we say, did not take any positive action in order to ensure his welfare."

During the incident, in Catford, Mr Clarke was restrained by officers after he was found lying on the ground in a playing field, acting strangely.

He was put into handcuffs and leg restraints, and lost consciousness as he was taken to an ambulance.

Questioned by Ms Clarke at the misconduct hearing, PC Barnes, 40, told the panel: "I did not hear Mr Clarke say 'I cannot breathe'.

"We believed that he suffered from acute behavioural disorder (ABD). We were all extremely concerned that day; our main priority was to get medical attention for Mr Clarke and to get him to hospital as soon as we could."

Body-worn camera footage in which Mr Clarke can be heard groaning "I can't breathe", was played before the misconduct panel.

Chairwoman Catherine Elliott questioned PC Barnes as to whether any of the officers present tried to make out what Mr Clarke was saying, adding: "He was clearly trying to communicate some things."

PC Barnes answered: "He was incoherent and he was not making any sense.

"When someone is suffering from ABD, they have irrational behaviours and make irrational comments."

PC McAleenan told the panel she realised Mr Clarke was "out of breath" but insisted she had not heard him say that he was not able to breathe.

She added: "He was clearly very unwell, we just wanted to get him to A&E as soon as possible.

"If I heard him say 'I can't breathe', I would have told my colleagues.

"He seemed to be repeating stuff and he was out of breath at that point because he had been resisting the restraint."

PC McAleenan told the misconduct panel she watched her body-worn camera footage "at least 20 or 30 times", and added she did not consider Mr Clarke may have been saying the words "I can't breathe" until it was suggested during the inquest.

She said: "Sometimes when I reviewed it, I could hear that that's what he could have been saying.

"I'm not ever going to know, unfortunately, that that is what he said – when I listen to it, it's not clear to me what he is saying."

If the panel finds the allegations to be true, PC Barnes and PC McAleenan will be found in breach of the standards of professional behaviour.

The conduct would amount to gross misconduct and justify their dismissal, the Met Police said.

The hearing continues.

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