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In an update to the case, the Independent Police Complaints Commission (IPCC) announced on 13/09/17 that the police officer involved in the fatal restraint in 20 year old Rashan Charles is being investigated for gross misconduct. However, IPCC commissioner Cindy Butts was quick to point out that the move did not necessarily mean charges of misconduct would be brought against the officer. (1)
Indeed, Ken Marsh, the chair of the Metropolitan Police Federation, which is representing the still unnamed officer, claimed the officer was trying save Charles’s life by preventing him swallowing what he thought were dangerous drugs. In spite of early, extensive reporting, it has been established that Rashan had no drugs on him. It was also revealed that the ”member of the public” (who many still believe is a plain clothes police officer) has been interviewed not as an assailant but a witness. Moreover “eDespite two postmortems and toxicology tests, the exact cause of death remains unknown.” A coroner’s inquest into Rashan’s death has been delayed until after the IPCC investigation. A pre-inquest review will be held in Poplar on 15 November 2017.(2)
At least the above represents an update in the case. An internet search of, for example, Edson Da Costa, yield very few results dated after early Mosiah. The Justice4Edson campaign launch on September 7th garnered very little coverage, as the family still search for answers on how and why their loved one died after a police stop in Beckton on June 15th. His official date of death was reported as June 21st at Newham General Hospital in nearby Plaistow.
In contrast, several eyewitnesses, including David O’Brien spoke of Edson’s condition at the scene: “He was totally lifeless. I watched him die in front of me. He died on the street, definitely. Everyone will tell you that.” Another witness, student midwife Samiya observed: “His skin was grey, it had lost all its colour. He looked nothing like he does in his pictures. When I turned up they were giving [him] CPR [cardiopulmonary resuscitation], but he looked lifeless, like he was gone. They were giving CPR but he wasn’t responding.” (3) Witnesses were also “mystified and repulsed” that Edson was stripped naked. (4)
At the launch several demands were made:
- The immediate suspension of the police officers involved pending the outcome of the IPCC investigation and:
- Police officers involved to face prosecution for any criminal or negligent action found to have led to Edson’s death;
- The immediate end of chock holds as a method of restraint and an urgent review into the use of CS gas by the police;
- The immediate publication of the Independent Review of Deaths in Police Custody which was due to be published by the government in 2016 and covers black and minority ethnic deaths in police custody;
- An independent review of the IPCC in light of the low levels of public confidence in its ability to hold police to account;
- Responsible media reporting of cases involving deaths in police custody to stopped the systematic demonisation of black and minority ethnic communities. (5)
The reality these demands could apply almost wholesale to virtually every death in custody case over the last twenty to thirty years or more. Even if we look at just a couple of these demands can highlight how far the community has to go to galvanise effectively around these issues.
First there is the IPCC, whose default position seems to be to exonerate the police, as seen most troublingly in their initial investigations into the deaths in custody of Sean Rigg and Olaseni Lewis. (6)
In terms of the media, a recent case in point was the Ligali organisation’s complaint to the Independent Press Standards Organisation (IPSO) about “lying” reports of the Rashan Charles vigil. Although the report (by theDaily Mail in this case) was patently inaccurate, IPSO not only rejected Ligali’s complaint but also their appeal against that rejection, consequently: “This reveals that any British newspaper regulated by IPSO is free to publish inaccurate content as long as it is ‘moderately’ truthful. They can exaggerate facts and blatantly lie as long as they don’t make it too outrageous.” (7) in addition it is well established that the media is a key aspect of the state’s propaganda campaign against victims of state violence and it is a global imperative. (8)
The Criminal Justice System is ostensibly designed to ensure that no state agent is brought to account. But even when, against the odds, a police officer finds then themselves in front of a jury, the a priori outcome is acquittal. One aspect of this could be the fact that, as a result of the Criminal Justice Act 2003 serving police officers and Crown Prosecution Service (CPS) lawyers are allowed to sit on juries. This raises serious concerns about fairness (9) especially when this type of juror is “professionally committed to one side only of an adversarial trial process.” (10)
(1) Matthew Weaver (13/09/17) Rashan Charles death: Met officer investigated for gross misconduct. https://www.theguardian.com/uk-news/2017/sep/13/rashan-charles-death-met-police-officer-investigated-for-gross-misconduct.
(2) Ibid.
(3) Mark Townsend (03/09/17) Four black men die. Did police actions play a part?https://www.theguardian.com/uk-news/2017/sep/03/four-black-men-die-police-restraint-no-officers-suspended-bryant-cumberbatch-charles-da-costa
(4) Ibid.
(5) Justice4Edson (07/09/17) Campaign Flyer.
(6) inquest (17/03/14) Critical moment for IPCC as report of review of cases involving a death is published. http://inquest.org.uk/media/pr/critical-moment-for-ipcc-report-of-review-of-cases-involving-a-death
(7) Toyin Agbetu (07/09/17) Opinion: Lying reports on Rashan Charles vigil “not significantly inaccurate” says IPSO. http://www.ligali.org/article.php?id=2579
(8) Nick Wing (14/08/14) When The Media Treats White Suspects And Killers Better Than Black Victims. http://www.huffingtonpost.com/2014/08/14/media-black-victims_n_5673291.html
(9) Robert Verkaik (16/09/08) Police jurors are a threat to fair trials, senior judges warn.http://www.independent.co.uk/news/uk/home-news/police-jurors-are-a-threat-to-fair-trials-senior-judges-warn-933037.html
(10) Zia Akhtar (2014) Apparent bias: the inclusion of police officers on the jur y and Article 6.1 of the Human Rights Act. Amicus Curiae Issue 97. http://journals.sas.ac.uk/amicus/article/viewFile/2271/2198
we ask the question:
Deaths in custody – Will we ever get justice? Part 7?
- Why has there so little media coverage of the Edson Da Costa case in the last month or so?
- By what means can we help to advance the Justice4Edson campaign demands?
- Why was the alleged member of the public involved in the death of Rashan Charles interviewed as a witness and not a suspect?
- Should serving police officers and CPS lawyers be allowed to sit on juries?
- Do we think serving police officers or CPS lawyers have found themselves on any Black deaths in custody juries?
Our very special guests:
Bro. Ldr. Mbandaka: Resident guest who is Spiritual Leader of the Alkebu-Lan Revivalist Movement and UNIA-ACL Ambassador for the UK and national co-Chair of the interim National Afrikan People’s Parliament. Bro. Ldr is a veteran activist of over 30 years standing, a featured columnist in The Whirlwind newspaper and author of Mosiah Daily Affirmations and Education: An African-Centred Guide To Excellence.
Bro. Ginario Da Costa: the father of Edson Da Costa, the 25 year-old father who died after contact with the police in Beckton, east London in June 2017
Bros. Jair and Lisandro: Bro. Edson’s cousins from the Justice4Edson Campaign.
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