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Met police's race problems continue, say Kester David's family Met police's race problems continue, say Kester David's family
(about 1 month later)
The family of a black man found burned to death have condemned police chiefs for failing to start disciplinary action against officers blamed by an internal report for a "catalogue of errors", which amount to "a failing in duty".The family of a black man found burned to death have condemned police chiefs for failing to start disciplinary action against officers blamed by an internal report for a "catalogue of errors", which amount to "a failing in duty".
A Metropolitan police investigation recorded the death of Kester David as suicide after his burned body was found in railway arches in north London in July 2010. His family believe it was murder and that police gave them second-class treatment because they are black.A Metropolitan police investigation recorded the death of Kester David as suicide after his burned body was found in railway arches in north London in July 2010. His family believe it was murder and that police gave them second-class treatment because they are black.
An internal police report found a string of errors in the investigation, some of which mean potentially vital evidence has been lost, the Guardian has learned.An internal police report found a string of errors in the investigation, some of which mean potentially vital evidence has been lost, the Guardian has learned.
A new investigation has now been ordered but the Met says it has not started disciplinary proceedings relating to the first inquiry despite its condemnation by an internal review completed in January.A new investigation has now been ordered but the Met says it has not started disciplinary proceedings relating to the first inquiry despite its condemnation by an internal review completed in January.
The Kester David case is one of at least 10 that have surfaced in recent weeks, which question the Met's claims to have learned sufficient lessons on race, and top officers' promises to crack down on racism in the ranks.The Kester David case is one of at least 10 that have surfaced in recent weeks, which question the Met's claims to have learned sufficient lessons on race, and top officers' promises to crack down on racism in the ranks.
Roger Griffith, brother of Kester David, told the Guardian that the failure to take disciplinary action led him to doubt that the Met commissioner, Bernard Hogan-Howe, was taking the case seriously. Hogan-Howe told MPs on the home affairs committee this week that he had personally ordered the reopening of the case.Roger Griffith, brother of Kester David, told the Guardian that the failure to take disciplinary action led him to doubt that the Met commissioner, Bernard Hogan-Howe, was taking the case seriously. Hogan-Howe told MPs on the home affairs committee this week that he had personally ordered the reopening of the case.
Griffith said: "That shows how seriously the commissioner is taking it – he's not suspended the officers. It does not make sense. Why has he not taken disciplinary action?"Griffith said: "That shows how seriously the commissioner is taking it – he's not suspended the officers. It does not make sense. Why has he not taken disciplinary action?"
Winifred Griffith, David's mother, formally complained to police last year, which led to an investigation and internal report written by Inspector Brian Casson. The report was completed in January, but the family only got a copy last month.Winifred Griffith, David's mother, formally complained to police last year, which led to an investigation and internal report written by Inspector Brian Casson. The report was completed in January, but the family only got a copy last month.
In the report, Casson concluded: "A preliminary investigation into the formal complaint registered by Mrs Winifred Griffith has revealed – in my opinion – a 'catalogue of errors', which amount to a failing in duty on the part of the investigating officers, Detective Inspector John Cardow and Detective Sergeant Christopher Kirk.In the report, Casson concluded: "A preliminary investigation into the formal complaint registered by Mrs Winifred Griffith has revealed – in my opinion – a 'catalogue of errors', which amount to a failing in duty on the part of the investigating officers, Detective Inspector John Cardow and Detective Sergeant Christopher Kirk.
"Both officers are yet to be informed of the preliminary findings of this report and provided with an opportunity to comment before submission of the file for a severity assessment to be conducted.""Both officers are yet to be informed of the preliminary findings of this report and provided with an opportunity to comment before submission of the file for a severity assessment to be conducted."
The errors Casson identified in the first Metropolitan police investigation include:The errors Casson identified in the first Metropolitan police investigation include:
• wrongly believing David had bought fuel in a jerrycan the night before his death to set himself alight;• wrongly believing David had bought fuel in a jerrycan the night before his death to set himself alight;
• missing CCTV footage holding potentially vital information;• missing CCTV footage holding potentially vital information;
• getting the time of death wrong by 30 minutes, despite CCTV footage;• getting the time of death wrong by 30 minutes, despite CCTV footage;
• failing to interview two witnesses for more than a year, despite them ringing police the next day because they were suspicious of what they had seen and heard. This included one witness telling of hearing screams of fear, and another seeing a van and two white men nearby. The witness was suspicious because it was unusual to see a van in that area at 4.20am;• failing to interview two witnesses for more than a year, despite them ringing police the next day because they were suspicious of what they had seen and heard. This included one witness telling of hearing screams of fear, and another seeing a van and two white men nearby. The witness was suspicious because it was unusual to see a van in that area at 4.20am;
• failing to secure CCTV images, which are now lost. The number plate of the suspicious van would have been captured, but has been wiped as police did not request the retention of footage;• failing to secure CCTV images, which are now lost. The number plate of the suspicious van would have been captured, but has been wiped as police did not request the retention of footage;
• failing to secure mobile phone data, which means that evidence is now lost;• failing to secure mobile phone data, which means that evidence is now lost;
• believing DNA from shoes recovered from near David's body were a close match to his, when in fact it was not.• believing DNA from shoes recovered from near David's body were a close match to his, when in fact it was not.
No disciplinary action had been instigated against any officer involved in the case. A spokesperson said: "No action has been taken at this stage. Those officers connected with this case remain on full duties."No disciplinary action had been instigated against any officer involved in the case. A spokesperson said: "No action has been taken at this stage. Those officers connected with this case remain on full duties."
Hogan-Howe told MPs last week he had personally ordered a reopening of the inquiry because of press reporting, family unhappiness and because a coroner at an inquest had recorded an open verdict despite police evidence. The family have criticised the fact that from the time Casson completed his report identifying errors, it took three months for a new investigation to be ordered by police chiefs.Hogan-Howe told MPs last week he had personally ordered a reopening of the inquiry because of press reporting, family unhappiness and because a coroner at an inquest had recorded an open verdict despite police evidence. The family have criticised the fact that from the time Casson completed his report identifying errors, it took three months for a new investigation to be ordered by police chiefs.
David was found dead in railway arches at Palmers Green station the day after his 53rd birthday. He worked as a bus driver and had been planning to emigrate to Grenada. Griffith said a lack of respect from the police towards the family was continuing, with them being denied access to full reports into the death.David was found dead in railway arches at Palmers Green station the day after his 53rd birthday. He worked as a bus driver and had been planning to emigrate to Grenada. Griffith said a lack of respect from the police towards the family was continuing, with them being denied access to full reports into the death.
Griffith said: "The family believe it was murder. Kester had no history of mental health problems. I saw him three days before his death; he was happy."Griffith said: "The family believe it was murder. Kester had no history of mental health problems. I saw him three days before his death; he was happy."
Griffith said before the tragedy David's family were supportive of the police and would happily help them. "They treated us as if we were stupid," he said. "They closed the case down after day one; there was no proper inquiry into the death. If he was white, there would have been."Griffith said before the tragedy David's family were supportive of the police and would happily help them. "They treated us as if we were stupid," he said. "They closed the case down after day one; there was no proper inquiry into the death. If he was white, there would have been."
Casson's report is entitled: "Complaint investigation surrounding the investigation into the death of Kester David".Casson's report is entitled: "Complaint investigation surrounding the investigation into the death of Kester David".
The family's solicitor, Anna Crawford, said: "The work done by the police since the family's complaint in April 2011 has been slow and shrouded in secrecy, leaving an already grieving family distressed and lacking in confidence in the police."The family's solicitor, Anna Crawford, said: "The work done by the police since the family's complaint in April 2011 has been slow and shrouded in secrecy, leaving an already grieving family distressed and lacking in confidence in the police."
Griffith said his brother loved music and "would have helped a stranger in the street".Griffith said his brother loved music and "would have helped a stranger in the street".
Ever since the 1999 Macpherson inquiry into police failings in the Stephen Lawrence case, Scotland Yard have claimed to have learned the lessons, a claim critics of the force dispute.Ever since the 1999 Macpherson inquiry into police failings in the Stephen Lawrence case, Scotland Yard have claimed to have learned the lessons, a claim critics of the force dispute.
The Met, announcing the new investigation, said: "A postmortem examination gave cause of death as burns and inhalation of fumes. Enfield borough police investigated the case and concluded the death was non-suspicious.The Met, announcing the new investigation, said: "A postmortem examination gave cause of death as burns and inhalation of fumes. Enfield borough police investigated the case and concluded the death was non-suspicious.
"Following concerns from Mr David's family, two reviews into the investigation were carried out by senior officers from Enfield borough in September 2011 and January 2012. The results of those reviews remain under consideration and detectives from the homicide and serious crime command are to reinvestigate.""Following concerns from Mr David's family, two reviews into the investigation were carried out by senior officers from Enfield borough in September 2011 and January 2012. The results of those reviews remain under consideration and detectives from the homicide and serious crime command are to reinvestigate."
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