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The Times
February 12 1998
Police face manslaughter charge as DPP is overruled
BY FRANCES GIBB
THREE police officers are to be charged with manslaughter over the death of Richard O'Brien, a market trader, after the Director of Public Prosecutions was forced to review her original decision last July not to prosecute.
The Crown Prosecution Service announced last night that it will be initiating proceedings over the death of Mr O'Brien from asphyxia when he was arrested in 1994. A father of seven, he was handcuffed face-down on the ground with his legs folded back against his thighs. He had 31 injuries. The DPP had originally decided that there was insufficient evidence to prosecute, although an inquest jury in November 1995 concluded that he had been unlawfully killed.
The CPS said yesterday that it accepted "errors were made in the original decision-making process". The CPS's failure to prosecute in the case of Mr O'Brien and two other cases follows a High Court challenge in July.
In the wake of the rulings, the sole right of Dame Barbara Mills, the DPP, to determine whether to prosecute over deaths in police custody or prisons was removed. She still has the final decision.
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