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Sean Rigg death: Met officer PC Andrew Birks suspended after request to resign reversed Sean Rigg death: Met officer PC Andrew Birks suspended after request to resign reversed
(about 1 hour later)
A police officer involved in the custody of a mentally ill musician who later died after being restrained has had his resignation reversed and has instead been suspended, Scotland Yard said. Scotland Yard has been forced into a humiliating reversal of a decision to allow the retirement of an officer accused of covering up the maltreatment of a a mentally ill musician who died on the floor of a police station.
The request to quit by Pc Andrew Birks, who was working at Brixton police station when 40-year-old Sean Rigg died in August 2008, was originally accepted by the Metropolitan Police. The force said yesterday that it was suspending PC Andrew Birks on the eve of his departure from the force following a legal challenge by the family of Sean Rigg, who died in 2008 after being arrested and physically restrained by four police officers. The officers were accused at an inquest of placing the handcuffed Mr Rigg face down in a small caged foot well of a police van with his legs bent back.
But the force said today it had changed its decision after the Independent Police Complaints Commission (IPCC) said quitting would allow PC Birks to avoid any potential disciplinary proceedings over the death. The decision is the latest twist in a six-year saga that has exposed failures to properly investigate the death by the police watchdog and fresh controversy over the ability of the service to hold officers to account for alleged wrongdoing.
The police watchdog has already reopened its investigation, which will look at the conduct of the officers involved in the arrest, restraint and detention of Mr Rigg and the actions of the force medical examiner at Brixton police station. It emerged that the force accepted the resignation of PC Birks on 12 April while legal delays prevented the start of a new investigation by the police watchdog into alleged gross misconduct. His retirement would have allowed him to avoid any disciplinary hearing.
The U-turn by the Met was welcomed by Mr Rigg's family, which had also threatened legal action. His plans only came to light weeks later after the police watchdog sought – and failed – to serve a notice on the officer of its intention to investigate him for alleged gross misconduct.
Mr Rigg's older sister Marcia Rigg-Samuel said: “The Rigg family is relieved that the commissioner has seen sense to suspend Pc Birks and reverse his resignation, so that he can face disciplinary investigations, and possible gross misconduct charges depending on what is found. PC Birks, the most senior of the four arresting officers, was accused at an inquest of mistreating Mr Rigg on the way to Brixton police station after he was arrested for attacking passers-by. He was then accused of wasting valuable minutes in a cover-up as the 40-year-old lay dying. The officer denied any wrongdoing.
“The commissioner should now take the opportunity to suspend all the other key officers including the custody sergeant to ensure all comply with the independent disciplinary investigation by the IPCC. The jury found that Mr Rigg’s death was caused by an “unnecessarily” long restraint with "unnecessary force". Commissioner Sir Bernard Hogan-Howe told the family in 2012 that CCTV cameras would be fitted in the backs of all police vans as a result of the case.
“Our family now calls on the Government to change the law so that other families do not have to threaten court action to stop officers resigning to avoid being held to account." Mr Rigg's older sister Marcia Rigg-Samuel said: “The Rigg family is relieved that the commissioner has seen sense to suspend Pc Birks and reverse his resignation, so that he can face disciplinary investigations, and possible gross misconduct charges depending on what is found.”
Mr Rigg was being held in Brixton after being arrested for attacking passers-by and police officers in Balham in south west London. It called on the commissioner to suspend all the other officers involved and called on the Government to change the law to prevent officers quietly resigning to avoid disciplinary hearings.
Previously the inquest into his death found that officers had used “unsuitable force”, and a subsequent review set up by the IPCC to re-examine its own investigation into Mr Rigg's death, led by criminologist Dr Silvia Casale, found that the watchdog should look again at whether police officers should face misconduct proceedings for the way they dealt with him. “No police officer accused of serious wrongdoing should be able to escape investigation by retiring,” said Jack Dromey, the shadow Police Minister.
The IPCC said yesterday it had been notified by the Met that it had accepted the officer's resignation, and that he would be leaving on June 1. The case followed attempts to tighten up the regime following the scandal over PC Simon Harwood who was cleared of manslaughter over the death of a man he hit with a baton during the 2009 G20 protests.
But in a statement today, Scotland Yard said: “This is a unique set of circumstances. In light of the public interest in this case, the need for public confidence in the accountability of police officers and in the interests of allowing a full re-investigation to be most effectively carried out, the MPS has now suspended the officer. It later emerged that he had been able to quit two forces including the Metropolitan Police while facing disciplinary investigations and rejoin the service in new roles. He was sacked at a rare public hearing in 2012 after twice trying to resign.
“Following the suspension of the officer the MPS has reconsidered his resignation request and the deputy commissioner has decided to rescind his resignation.” Speaking last year, the force’s deputy commissioner Craig Mackey said: "Predominantly my line is: if they are due to go before a board and it is a substantive case, they go before a board. The rules are very strict on that.”
It added: “What is important now is that there is a full and thorough investigation. There has been much speculation and debate about the actions of all the officers involved in this case, only through this new investigation can the actual facts of what took place be established based on evidence. Scotland Yard said: "What is important now is that there is a full and thorough investigation. There has been much speculation and debate about the actions of all the officers involved in this case, only through this new investigation can the actual facts of what took place be established based on evidence.
“The officer has given assurances, via his legal representative, that he would fully co-operate with any new investigation by the IPCC.” "The officer has given assurances, via his legal representative, that he would fully co-operate with any new investigation by the IPCC."
Additional reporting by Press Association