An investigation conducted by the Independent Office for Police Conduct (IOPC) into the tragic death of Andrzej Kusper, aged 38, in police custody has uncovered significant failures in search and monitoring procedures by a police officer.
The inquest, which concluded on January 18th at East London Coroners’ Court, determined that Mr. Kusper’s death was the result of foreign body airway obstruction. He became unresponsive and tragically passed away around 8 pm on September 4, 2021, while in custody at Leyton Custody Centre in East London.
The investigation revealed that before his death, Mr. Kusper had been stopped by Metropolitan Police Service (MPS) officers on September 4th. During the encounter, one of the officers conducted a search, which resulted in the discovery of a small package containing a white substance, leading to Mr Kusper’s arrest on suspicion of possessing a class A drug.
However, a subsequent search inside a police van, while en route to the custody centre, failed to uncover an item Mr Kusper had concealed in his mouth. It was only after arriving at the custody centre that officers noticed the concealed item, which led to Mr Kusper’s unresponsiveness and a subsequent call to the London Ambulance Service. Tragically, Mr Kusper was pronounced dead at the custody suite shortly after 8 pm.
The inquest jury found that both police searches of Mr Kusper were “incomplete and unsatisfactory” and likely contributed to his death. They also concluded that police monitoring during his transport to the custody suite was inadequate and described it as a “missed opportunity” to detect the concealed item.
Furthermore, the jury highlighted deficiencies in the actions of officers at the custody suite, including a lack of leadership and poor communication, possibly contributing to Mr. Kusper’s death. They also recognized that Mr. Kusper’s own actions played a role in the tragic outcome, as he failed to mention the concealed package during the initial search, placed it in his mouth while in the van, and kept it hidden upon arrival at the custody suite.
The post-mortem examination confirmed the cause of death as airway obstruction, with a large amount of blue plastic material found in Mr Kusper’s windpipe. In November 2022, following the conclusion of the IOPC investigation, it was determined that the officer responsible for the custody van search should face a misconduct meeting, but no disciplinary action would be taken. Instead, they would undergo a reflective practice review process (RPRP) to identify learning opportunities.
Additionally, two officers within the MPS’ Directorate of Professional Standards were also identified for their mishandling of exhibits. One officer stored a water bottle in the same bag as Mr. Kusper’s phones, causing damage, while the other improperly stored biological samples, affecting their analysis.
IOPC Regional Director Charmaine Arbouin expressed condolences to Mr Kusper’s family and emphasized the importance of thorough searches of detainees and active monitoring during transport to custody. The investigation, conducted independently of the police, reviewed body-worn and CCTV footage, obtained statements from involved officers and assessed relevant police policies, training, and guidance.
