Family Instructs Lawyers To Help Secure Answers At Inquest

The inquest into the death of Andrzej Kusper, which concluded at East London Coroners’ Court before senior coroner Graeme Irvine, has determined that the failings and omissions of police officers in respect of search procedures and monitoring contributed to his death.

Andrzej Kusper was described by his sister as “a genuine and kind-hearted man, who was very funny and generous”. He was a beloved father, brother and son. His loss is sorely felt by his family.

Andrzej choked on package while in police custody

Andrzej, aged 38, died on 4 September, 2021, after choking on a package of drugs in police custody.

Despite being searched twice by officers, shortly before and after arrest, police failed to find the sizable wrap of drugs on his person, enabling Andrzej to place this in his mouth undetected. It was only whilst being booked into custody that officers noticed that Andrzej had an item concealed in his mouth, and, in short order, restrained him and took him to the ground. Andrzej fell into cardiac arrest, after choking on the package, and was pronounced dead following paramedics’ attendance. 

The inquest heard that Andrzej was stopped and searched in the Leyton area by two Metropolitan Police Service officers at around 5.40pm, on 4 September, on suspicion of drug possession. 

He was arrested and placed in the back of a caged police van, where he was subject to a further police search after an officer saw him putting his hand in his pocket. This search was conducted, whilst Andrzej remained in the police van and confined only to his trouser pockets. 

Court played CCTV footage

In CCTV footage of the search, which the court viewed, Andrzej was seen transferring the package from his jacket into his mouth unobserved, with a bulge then appearing to his cheek. 

The court heard how this package, later revealed to be a 9cm x 2cm plastic wrap of drugs, was missed by officers during both searches. Nor was the bulge to Andrzej’s mouth identified on transfer to custody, despite the Met requirement for the escorting officer to undertake constant supervision of the detained person throughout the journey.

The inquest was told that the first point at which officers suspected Andrzej had concealed drugs in his mouth was during the booking-in process at the custody suite. Despite officers’ serious concerns over risk to life, either of choking on or swallowing the item, they failed to consider or put in place any plan as to how to manage this risk, or to make appropriate attempts to verbally engage with Andrzej and de-escalate the situation first before recourse to restraint. 

Shortly after challenging Andrzej as to what was in his mouth, officers restrained him and took him to the floor. It was at this stage, the pathologist considered in her evidence, that Andrzej accidentally inhaled the package, resulting in his  choking. The court saw CCTV footage of him in apparent distress whilst being restrained, before later becoming unresponsive. 

CPR was commenced by officers, and paramedics later attended. However, Andrzej’s condition was by that stage irreversible. He was sadly pronounced dead at the custody suite shortly before 8pm.

Inquest jury finds

After a nine-day inquest, the jury found that the following police failings contributed to Andrzej death:
a. Incomplete, complacent and unsatisfactory stop and search; and
b. Incomplete and unsatisfactory further search-post arrest; and
c. Inadequate monitoring of Andrzej during his conveyance to custody.

The jury also found that the police actions in the custody suite, on suspecting that Andrzej had concealed drugs in his mouth up until his prone restraint, were possibly contributory to his death, citing the officers’ poor communication and leadership. 

Concerns were also made of the ineffective communication between the police and emergency services, and similarly of the medical emergency response. In view of the circumstances, Andrzej’s own actions were also found to be contributory to his death. 

Expert Opinion

“Sadly, the hearing and the Independent Office for Police Conduct (IOPC) investigation have identified worrying issues in how the police responded to the circumstances in the lead up to Andrzej’s death.

"These situations are extremely high risk and must be managed carefully. Being detained carries a particular vulnerability and the protection of life must be paramount. Police officers have a duty to ensure the welfare and monitoring of those in their care which was not adhered to here. It’s vital that lessons are learned.

"While nothing can make up for their loss, the inquest has been a major milestone in being able to provide Andrzej’s family with the answers they deserve.” Ruth Mellor

Andrzej's family pay tribute to kind-hearted man

Monica Kusper, Andrzej’s sister, said: “Andrzej and I were very close; he meant the world to me and was the first one I ran to when I needed to talk. He was a genuine and kind-hearted man, who was very funny and generous. 

“We, his family, have been deeply traumatised by his death. It has left a giant hole in my mum’s heart that she will not be able to fill. Andrzej leaves behind his young daughter who he loved and cherished. 

“It’s disappointing that the officers didn’t do more to keep Andrzej safe once he was in their care. We will always wonder whether they considered how he might have been feeling, and why they didn’t try harder to have a heart to heart with him once they realised that he was hiding something. 

“It has been devastating to hear from the evidence that they jumped to using force without taking more time to consider the situation. 

“Andrzej had his troubles, but he was trying to create a better life for himself. All we can hope now is that by speaking out improvements are made so other families don’t have to face the pain we now have to endure.”  
 
The family were represented by Ruth Mellor, of Irwin Mitchell solicitors, and counsel Laura Profumo, from Doughty Street Chambers.

Find out more about Irwin Mitchell's expertise in supporting families concerned about the conduct of police at our dedicated protecting your rights section. Alternatively, to speak to an expert contact us or call 0370 1500 100.