Inquest for Colin Holt, of Twydall, Gillingham, who died while being restrained by Kent Police officers, is delayed
Published: 00:01, 02 February 2015
An inquest into the death of a man who was restrained by police at his flat more than four years ago was postponed because of problems forming a jury.
The case of Colin Holt, 52, who died at his flat in Goudhurst Road, Twydall, after he went missing from Medway Maritime Hospital was due to start this morning.
But it was delayed after two of the 11 jurors pulled out at the end of last week and another was dismissed for legal reasons.
Efforts to replace them with jury members not needed at the neighbouring Maidstone Crown Court proved fruitless at the planned hearing at Archbishop’s Palace.
Mr Holt died from “positional asphyxia” which occurs if someone is prevented from breathing while being restrained.
PCs Maurice Leigh, 54,and Neil Bowdery, 29 from Chatham, were cleared of misconduct in public office following his death in August 2010.
Under the law a jury of nine is permitted, provided it returns a verdict of a majority of seven.
But assistant coroner Allison Summers and legal representatives felt that, with the hearing due to last for five weeks, there was a danger that a member might be forced to retire- running the risk of having to re-start proceedings.
Miss Summers said all avenues had been explored to increase the number of jurors including contact with both Maidstone and Canterbury Crown Courts.
She said she had even considered her right as a coroner to convene members to the jury herself.
She said: “It is not ideal to have this number of jurors and reluctantly I am going to have to adjourn until tomorrow.
"I have even looked at exercising my powers of going out on to the streets of Maidstone and finding a juror, although I have not got to that stage yet.”
The inquest which opened in September 2010 is due to resume tomorrow.
Stories you might have missed
Restaurant toilet refusal shock for Crohn’s sufferer
'I got a ticket while sitting in my car!'
Arsonists torch children's play park
More by this author
Nicola Jordan