Guards Cleared Over Deportee Restraint Death

Written By Unknown on Selasa, 16 Desember 2014 | 22.56

Three security guards have been cleared of manslaughter over the death of a deportee who was restrained on a plane at Heathrow.

The G4S custody officers, Terrence Hughes, Colin Kaler and Stuart Tribelnig, were on trial over the death of Angolan man Jimmy Mubenga.

They were accused of forcing Mr Mubenga's head down and restricting his breathing for 36 minutes as the flight prepared for take off.

By the time crew raised the alarm on 12 October 2010 Mr Mubenga had gone into cardiac arrest. He died later in hospital.

Some passengers said they had heard him crying out for air, but the guards insisted they never heard him call out.

The three men were in tears as the not guilty verdict was read out at the Old Bailey, while Mr Mubenga's widow did not react.

Mr Mubenga, who had been in the UK since 1994, was in the process of applying for permission to stay permanently when it was decided he should be deported after serving two years in jail for assault.

Prosecutors claimed Mr Mubenga was already handcuffed behind his back and wearing his seatbelt after he had become agitated.

A section of the Boeing 777 with three rows of seats was reconstructed in court to help jurors understand the case.

Jurors were also invited to wear the handcuffs to experience how Mr Mubenga might have felt.

One witness, Nicholas Herbig, from New Mexico, said the deportee had clearly been in distress and was "very loud".

He told the court: "He was saying 'All you people are watching them kill me. I can't breathe. They are going to kill me'."

But all three men denied doing anything wrong and said they had not used the "carpet karaoke" restraint.

The technique involves pushing a seated person's head forward, compressing their diaphragm to subdue them.

"He was never forced down with his head forced beneath his knees," said Terrence Hughes, who comes from Portsmouth.

Stuart Tribelnig, from Horley in Surrey, said he had not heard Mr Mubenga "say anything about air"

An inquest last year ruled that the 43-year-old was unlawfully killed and led to the CPS reconsidering manslaughter charges.

The jury in the criminal case was not told of the inquest verdict for legal reasons, or that two of the defendants - Hughes and Tribelnig - had "very racially offensive material" on their phones.

No charges were brought against security giant G4S after prosecutors decided there was not enough evidence for a charge of corporate manslaughter.


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