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No Cops Charged Over Death of Oldham Dad Andre Moura in Police Custody

A witness claims he saw police knee Andre Moura in the head 'several times' before he was restrained. He later died in custody.
Simon Childs
London, GB
No Cops Charged Over Death of Greater Manchester Dad Andre Moura in Police Custody
Andre Moura and Ashton-Under-Lyne police station in Greater Manchester. Photos Facebook / Peter Liggins 

Charges have been dropped against five police officers in Greater Manchester after a 30-year-old dad died in police custody, despite the recommendations of the independent police watchdog.

Andre Moura died hours after being arrested for a suspected breach of the peace on Friday the 6th of July 2018.

Officers from the Greater Manchester Police (GMP) used pepper spray on Moura before restraining him. A witness claims that he saw an officer knee Mr Moura in the head “several times”. They took him to Ashton-Under-Lyne police station where he was found “unresponsive” on arrival in the back of the police van. He was taken to hospital and was declared dead at 1.30AM.

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Footage of the arrest filmed by a neighbour and published by the Manchester Evening News shows Mr Moura screaming for help and telling officers, “you hurt me”.

The neighbour, Barry Lee Martin, who is filming the incident, challenges the police: “Is he alright there? You just kneed him several times.”

An officer replies, “Yeah. I know, pal.”

“It was excessive, him kneeing him then,” says the neighbour.

Earlier in the video, an officer tells Mr Moura: “Put your hands behind your back, now… Stop resisting or you’re going to get sprayed again.”

The incident was investigated by the Independent Office for Police Conduct (IOPC) for 12 months. The IPOC referred the incident to the Crown Prosecution Service, recommending criminal charges be brought against the five officers. The IOPC recommended charging one officer with assault occasioning actual bodily harm and misconduct in public office, and recommended charges of misconduct in public office for the other four officers.

After the passing of another 12 months, the CPS has decided not to press charges.

Jenny Hopkins, head of Special Crime and Counter Terrorism in the CPS, said: “The CPS has carefully considered all of the available evidence in relation to the death of Mr Andre Moura and we have concluded that our legal test for prosecution is not met. In these circumstances we cannot pursue any criminal charges against any of the five police officers involved.

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“Given the seriousness of the criminal offences considered, the complexity of the evidence and the tragic circumstances around Mr Moura’s death, this process has taken some time but it was vital that the evidence was reviewed with utmost care.

“We considered the actions of the three police officers involved in the arrest of Mr Moura, and also the actions or inactions of the same three officers and two others involved in the treatment of Mr Moura after he had been arrested and put in a police van.

“We have concluded there is insufficient evidence for any manslaughter, assault or misconduct in public office criminal charges against any of those officers. We offer our deepest sympathies to the family and have written to them in full to explain our legal reasoning. We have also offered to meet with them if they would like any further explanation.”

“We completed our investigation in August 2019 into the actions of Greater Manchester Police officers prior to the death of Andre Moura. At the conclusion of our investigation, we referred five GMP officers to the Crown Prosecution Service, which has decided not to charge the officers with any offence.

“The threshold for an IOPC referral is lower than the threshold applied by the CPS when they consider whether to charge someone with a criminal offence. We have now informed all interested parties of the decision. Mr Moura’s family now has the option to exercise their right to review the decision by the CPS.

“We have also shared our final report with GMP who have agreed with our findings. We will consider issuing further information after any potential CPS right to review process is complete.”

A GMP spokesperson said: “First and foremost, our condolences remain with Andre Moura’s family following his tragic death. Greater Manchester Police treat incidents like this with the utmost concern, and we fully supported the IOPC investigation to ensure that the conduct of our officers during this incident was scrutinised at the highest independent level.”

@SimonChilds13