Police involved in exercise not face charges; Met officers cleared of misconduct 8th September 2011: Justice seems to be a distant cry for the family of Smiley Culture, whose real name was David Emmanuel.
The Independent Police Complaints Commission has termed as "not satisfactory" the operation carried out at his home in Warlingham, Surrey, on 15 March. This is not all. The actions of at least one of the officers have also come under fire.
But the police involved in exercise will not face any charges. It has emerged that the Met officers have been cleared of misconduct.
The Guardian says it has learnt that the police officers involved in the fatal raid are unlikely to face criminal charges, even disciplinary action or be officially questioned.
Tragic rapper-cum-Dj Smiley Culture’s death has already brought about a demand for carrying out vital changes to legislation to possibly minimise the numbers of suspicious deaths.
Smiley Culture, alias David Emmanuel, died from a stab wound following a dawn raid by five Met police officers on his house in Warlingham. The police has been claiming he stabbed himself, but the family is disputing the claim.
In a classified letter to the victim’s family, IPCC commissioner Mike Franklin said the investigation has identified aspects of the operation which were not satisfactory, and criticisms have been made of some of the officer’s actions. But, these do not meet the threshold for misconduct under the police misconduct system.
Franklin claimed the IPCC cannot force the officers to be interviewed because they have always been witnesses and as a witness, police officers cannot be compelled to be interviewed about what they have seen. As they are not suspects, they will not be formally interviewed.
Franklin added the IPCC has not found any evidence which would suggest any criminal acts were committed by any of the officers in the house.
Meanwhile, Smiley Culture’s family has indignantly criticised not only the Metropolitan police officers involved in the operation, but also the IPCC’s decision on treating the officers as witnesses and not suspects, indicating that they cannot be compelled to submit to a formal interview.
The family now wants to know the 48-year-old singer was handcuffed after his fatal injury.
An independent pathologist’s report has already made it clear that the stab wound would have caused rapid collapse and death within a few minutes.
The family also wants to know an officer in the kitchen when Emmanuel died did not concede to a direct request by the IPCC’s lead investigator to give a formal interview.
Emmanuel’s 17-year-old daughter Shanice McConnachie says even if foul play didn’t happen that day, the officers should be being held responsible for being so incompetent that her father died
Whatever went wrong and led to his death, it was the officers’ fault for not doing their job properly, as her father was in their care.
She has also expressed disbelief that her dad killed himself.
Quoting her, the Guardian said: "My dad was under arrest and had an officer specifically allocated to his care. How could he walk around the kitchen and grab hold of a knife, without that officer seeing? And why would he? Even the police who were there admit he had been completely calm and cooperative up until that point."
"After he was stabbed, why did they police handcuff him? Our pathologist’s report says he would have died almost instantly," she asked. "The police should have been focused on keeping his bleeding to a minimum and calling an ambulance. The IPCC and police don’t seem to care about helping us get to the truth of what really went on."