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Judge rules open verdict on death of man restrained by police

Posted: 26 November 2004 | Subscribe Online


A High Court judge has returned an open verdict on the death of mentally ill black man Roger Sylvester, who died after being restrained by police, writes Paul Stephenson.

The judge previously quashed an inquest’s verdict of unlawful killing.

Mr Justice Collins said the coroner had misdirected the inquest jury in telling them they could consider an unlawful killing verdict against the officers involved.

The evidence for considering such a verdict was “very tenuous” and there had been no criticism of the police, said Collins in his final judgment in the judicial review of the inquest into the death of Sylvester in north London in 1999.

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After the judgment, Sylvester’s cousin Justice Waldron told Community Care, mentally ill people should not be treated the way Roger was.

He said: “The way they treated him was inhuman. He was naked, handcuffed and restrained. It is not a way to treat someone who is vulnerable. The police should be taking care of people like that, not, in fact, aggravating the situation and causing death.”

The judge also said there was nothing to be gained from a fresh inquest.



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