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The Times
August 12 1999
CPS censured over death in custody cases BY RICHARD FORD, HOME CORRESPONDENT
THE Crown Prosecution Service was strongly criticised by a judge yesterday for the way it handled a series of controversial cases involving people who had died in police custody.
A report by Judge Gerald Butler said the system was "inefficient and fundamentally unsound". He also highlighted confusion at the top of the organisation and in the mind of Dame Barbara Mills, QC, the former Director of Public Prosecutions, over who was responsible for decision-making.
He issues a highly damaging judgment on Dame Barbara's role in the cases of two men who died after being arrested by Metropolitan Police Officers.
Judge Butler said that no one in the CPS accepted responsibility for taking the decision not to prosecute police officers in the cases of Richard O'Brien and Shiji Lapite, who died after being held by police in Lambeth and Stoke Newington respectively.
He said that all those involved in the decision-making process, except Dame Barbara herself, believed that, after the inquests on both men, she had taken the decision not to prosecute police officers involved in the arrests.
"Indeed, she told me that it was not possible, in her view, for her to have taken either decision herself, as she had not read and considered all of the relevant material, but had relied on briefing notes."
Judge Butler refused to accept Dame Barbara's assertion and added that he believed she had indeed taken the decision.
The papers in both cases had been sent to her for a decision. In a damning comment on Dame Barbara, the report added: "I accept that she did not understand herself to be doing so, but it was a thoroughly unsatisfactory situation.
"Perhaps it is trite to say so but a person who knows he has direct responsibility for a decision will have his mind concentrated wonderfully."
Dame Barbara's credibility as Director of Public Prosecutions was fatally undermined after the Crown Prosecution Service was castigated in the courts for the third time in a week two years ago over controversial cases involving deaths in police custody and allegations of brutality against officers.
She set up the inquiry headed by Judge Butler but by then senior figures in Whitehall were privately critical of her.
Dame Barbara retired from her job in 1998 before her contract expired. She is now independent adjudicator for the Inland Revenue and Customs and Excise. She was not available for comment yesterday.
The three cases at the centre of controversy were the deaths of Shiji Lapite in Hackney and Richard O'Brien in Lambeth and allegations of brutality against Derek Treadaway in the west Midlands.
The CPS eventually brought charges against three Metropolitan Police officers in the O'Brien case but they were acquitted at the Old Bailey last week.
The judge said all decisions in such controversial cases should be made by a clearly identified person at a senior level. Any decision not to prosecute should be sent for reconsideration by Senior Treasury Counsel.
He also said all death in custody cases should be sent directly to the CPS department that specialises in difficult cases. Judge Butler said he found no evidence that CPS decisions were being affected by undue favouritism shown to police officers, but admitted it was "understandable" if people felt that was sometimes the case.