Officers cleared of misconduct following death in custody

Two officers accused of failing to properly care for a man who died having knowingly swallowed drugs have been cleared at a disciplinary hearing.

The hearing, which ended on Thursday, 10 July, found the allegations against PCs Justin Hulf and Mara Sow, both attached to the South Area Command Unit, not proven in connection with the death of Mikias Tekeste.

The hearing had been directed by the Independent Office for Police Conduct after the Met disagreed with its assessment the officers had a case to answer for gross misconduct.

Detective Chief Superintendent Nick Blackburn, who leads policing in the area, said: “Our officers have a clear duty of care to those in their custody. However, Mr Tekeste was responsible for his actions that day and knowingly swallowed drugs.

“The hearing has found that the officers with him in the police van that day acted appropriately.

“Our thoughts remain with Mr Tekeste’s family and friends for their loss.”

On 15 July 2023, PCs Hulf and Sow identified Mr Tekeste, aged 30, as wanted on recall to prison. As they arrested him, he threw away a quantity of class A drugs. He was searched and placed in a police van to be transported to Croydon custody centre.

During the journey, he removed two small packages from his trousers and swallowed them. The officers did not see him doing so.

At the custody centre Mr Tekeste informed the custody officer he was withdrawing and a drugs test came back positive for cocaine and opiates. He was further arrested for possession with intent to supply drugs and placed on 30-minute observations. He became unwell in the cell and had multiple seizures, before falling unconscious. Emergency medical care was provided and paramedics attended. Mr Tekeste was taken to hospital but died from cocaine toxicity.

As with all deaths in custody, the matter was referred to the IOPC.

The IOPC investigation concluded that while the search of Mr Tekeste was appropriate, there was inadequate supervision in the police van and PCs Hulf and Sow should face a gross misconduct hearing.

The panel found the officers acted correctly. Mr Tekeste deliberately concealed his actions while swallowing the drugs inside the police van. The risk assessment applied by the officers was accurate with the information they held at the time and the level of supervision and observation was adequate.