Arrest 'not improper'

Jul 6 2006 By Mark Cowan

THE most senior officer charged in connection with the death in custody of Michael Powell saw nothing 'improper' in the way he was restrained, a court heard.

Insp Anthony Guest also told the jury he would not have  tolerated mistreatment by the officers as they fought to bring him under control.

He explained how he had been impressed by the concerns the officers had shown to the welfare of Mr Powell as they struggled with him throughout.

The father-of-three died after being detained by police outside his mother's home in Wilton Street, Lozells, in September 2003.

Six West Midlands Police officers are charged in connection with the incident. Insp Guest is accused of wilfully neglecting to prevent excessive restraint.

But the married fatheroftwo told the jury at Leicester Crown Court: "The officers were restraining him quite properly and he needed to be restrained."

Insp Guest said he became aware a group of people had gathered in the street who thought the officers were hurting Mr Powell so he went over to explain to them what was going on.

The 49-year-old said: "One of the foremost things in my mind, as well as the restraint and welfare of Mr Powell and the welfare of the officers, was to demonstrate an open and transparency to members of the public.

"I would not have tolerated any abuse or misuse of police powers by police officers."

He added: "In my experience it is incredibly difficult for other people observing the restraint to understand what is going on.

"People may believe we are acting excessively or being over the top but unless you have struggled with an angry person you dont know how difficult it is to restrain them."

Insp Guest said he only ever saw Mr Powell, 38, being restrained on his back and had personally checked him for injuries before deciding to send him to Thornhill Road police station.

Insp Guest, Acting Sgt Christopher Wilson, PC Steven Hollyman and PC Nigel Hackett are charged with misconduct in a public place.

PC Timothy Lewis, 33, and PC David Hadley, 27, are charged with dangerous driving and assaulting Mr Powell by either spraying him with CS gas or striking him with a baton.

PC Lewis is also charged with assaulting Earnest Walter.

The six deny all charges.

(Proceeding)