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Two Kent Police officers to be charged after death of Colin Holt in Gillingham

Colin Holt died at home in Harbledown Court, Goudhurst Road.
Colin Holt died at home in Harbledown Court, Goudhurst Road.

Colin Holt died at home in Goudhurst Road, Gillingham

Two Kent Police officers due to be charged after a man died while being restrained at home have been suspended from duty.

PC Maurice Leigh and PC Neil Bowdery were taken off operational duties yesterday.

They will be prosecuted for alleged misconduct in public office following the incident involving Colin Holt.

The 52-year-old died from positional asphyxia – a form of asphyxia when someone’s position prevents them from breathing properly – while being detained at his Gillingham flat two years ago.

The Crown Prosecution Service today authorised the Independent Police Complaints Commission to summons the officers responsible for his restraint.

Colin Holt died at his flat in Gillingham
Colin Holt died at his flat in Gillingham

The pair will appear at Medway Magistrates’ Court on Monday, October 8.

Mr Holt suffered from mental health issues and died at his home in Harbledown Manor, Goudhurst Road, despite attempts by paramedics to resuscitate him on August 30, 2010.

The former electrician had been sectioned under the Mental Health Act, but had gone missing from Medway Maritime Hospital.

Medics alerted police and officers went to his home to take him back to hospital.

Shortly after his death, a spokesman for the IPCC said it appeared that while officers were attempting to restrain Mr Holt he became unwell.

The IPCC announced it would investigate what happened – checking officers’ initial accounts, police logs and CCTV – and asked the CPS if criminal charges could be brought against the officers responsible for his restraint.

Rene Barclay, from the CPS, said: "Both officers will face a single count of misconduct in public office, contrary to the common law.

"It is alleged that on 30 August 2010, whilst acting as a police officer, namely as a police constable, PC Leigh and PC Bowdery misconducted themselves in that, without lawful justification or excuse, they wilfully neglected to take reasonable and proper care of Colin Holt, a person in police detention.

"On the evidence I have reviewed, I am satisfied that there is a realistic prospect of conviction and that the public interest requires a prosecution.

"PC Leigh and PC Bowdery will now be summonsed on a criminal offence and have the right to a fair trial."

IPCC logo
IPCC logo

IPCC Commissioner Mike Franklin said he "welcomed" the decision to authorise charges against the officers.

He added: "That decision follows an independent investigation by the IPCC into the actions of Kent Police officers who were at Colin Holt’s flat when he died.

"Investigators will continue to work with the CPS to assist in the preparation for those criminal proceedings."

Kent Police Chief Constable Ian Learmonth said: "The death of Colin Holt was a tragic event, and on behalf of the force I express my condolences to his family and friends.

"Police officers deal with extremely challenging situations every day and in this case they responded to a very difficult set of circumstances.

"As this is now a criminal matter I cannot comment any further at this time."

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