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| Two police officers prosecuted over mentally ill man's death | Two police officers prosecuted over mentally ill man's death |
| (7 months later) | |
| Two police officers are to be prosecuted for misconduct in public office after a 52-year-old man died while under police restraint. | Two police officers are to be prosecuted for misconduct in public office after a 52-year-old man died while under police restraint. |
| PCs Maurice Leigh and Neil Bowdery are to appear in court in connection with the death of Colin Holt, who died from positional asphyxia at his home in Gillingham, Kent, on 30 August 2010. | PCs Maurice Leigh and Neil Bowdery are to appear in court in connection with the death of Colin Holt, who died from positional asphyxia at his home in Gillingham, Kent, on 30 August 2010. |
| The summonses to Medway magistrates court on 8 October follow an investigation by the Independent Police Complaints Commission (IPCC). | The summonses to Medway magistrates court on 8 October follow an investigation by the Independent Police Complaints Commission (IPCC). |
| Holt's death occurred after staff at Medway Maritime hospital called police to report that Holt, who had been sectioned under the Mental Health Act, was missing. Officers from Kent police went to his flat and found him there. | Holt's death occurred after staff at Medway Maritime hospital called police to report that Holt, who had been sectioned under the Mental Health Act, was missing. Officers from Kent police went to his flat and found him there. |
| The decision to prosecute the two constables was made on the advice of the Crown Prosecution Service. | The decision to prosecute the two constables was made on the advice of the Crown Prosecution Service. |
| Rene Barclay, the principal crown advocate with the CPS special crime team, said on Thursday: "I have advised the IPCC to obtain summonses for PC Maurice Leigh and PC Neil Bowdery. | Rene Barclay, the principal crown advocate with the CPS special crime team, said on Thursday: "I have advised the IPCC to obtain summonses for PC Maurice Leigh and PC Neil Bowdery. |
| "Both officers will face a single count of misconduct in public office, contrary to the common law. | "Both officers will face a single count of misconduct in public office, contrary to the common law. |
| "It is alleged that on 30 August 2010, whilst acting as a police officer, namely as a police constable, PC Leigh and PC Bowdery misconducted themselves in that, without lawful justification or excuse, they wilfully neglected to take reasonable and proper care of Colin Holt, a person in police detention. | "It is alleged that on 30 August 2010, whilst acting as a police officer, namely as a police constable, PC Leigh and PC Bowdery misconducted themselves in that, without lawful justification or excuse, they wilfully neglected to take reasonable and proper care of Colin Holt, a person in police detention. |
| "On the evidence I have reviewed, I am satisfied that there is a realistic prospect of conviction and that the public interest requires a prosecution. | "On the evidence I have reviewed, I am satisfied that there is a realistic prospect of conviction and that the public interest requires a prosecution. |
| "PC Leigh and PC Bowdery will now be summonsed on a criminal offence and have the right to a fair trial. | "PC Leigh and PC Bowdery will now be summonsed on a criminal offence and have the right to a fair trial. |
| "As proceedings are now active, it is extremely important that nothing should be reported which could prejudice this trial." | "As proceedings are now active, it is extremely important that nothing should be reported which could prejudice this trial." |
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