Four police officers guilty of misconduct over the death of a dad left naked and unresponsive in the back of a van can keep their jobs, a tribunal has ruled.
Andre Moura, 30, died following his arrest for breach of the peace outside his home on Seventh Avenue in Limeside, Oldham, at around 11.35pm on the night of 6 July 2018.
He resisted arrest and CS spray was deployed twice during efforts to restrain him, a tribunal heard.
Mr Moura was also punched and kneed in the body by Pc A, who cannot be named for legal reasons, up to seven times.
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A video taken by neighbour Barry Martin was shown to the tribunal which showed him telling officers he thought the knee strikes were "a little excessive".
However, Pc A was cleared of all allegations of misconduct after an expert said his use of force was 'appropriate'.
Following a three-week hearing, Pc Michael Healey, Pc Ashley Hudson, Pc Andrew Bebb and Pc Craig O'Brien were all found to have breached standards of professional behaviour in a manner so serious it could have amounted to gross misconduct and dismissal.
'Officers mistakenly thought Andre Moura was faking it'
A panel, led by legal chair Warren Spencer, said the four officers did not show 'adequate regard' for the welfare of Mr Moura after he was placed naked and handcuffed to the rear in the back of a police van.
His clothes came off unintentionally during the efforts to detain him, the tribunal heard.
Footage from the officers' body-worn cameras showed Mr Moura failing to show any sign of consciousness, with his head lolling to the side.
Pc O'Brien was heard to remark that he was making "funky noises".
The tribunal heard Pc Healey initially called an ambulance but then cancelled it after colleagues reassured him Mr Moura was 'fine' and 'bracing himself'.
Officers quickly developed a mistaken belief that Mr Moura may be 'faking' illness, the hearing was told.
He was taken to Ashton police station in Tameside where a custody nurse found he was unresponsive and had no pulse.
Mr Moura, a Portugese national who was father to four young girls, was finally taken to hospital where he was pronounced dead at 1.30am.
A post-mortem exam found his cause of death to be cocaine toxicity in association with obesity and struggle against restraint.
Two officers, Pc A and Pc Tracy Ainsworth-Wrigley were cleared of all allegations of gross misconduct.
Pc Healey, Pc Hudson, Pc Bebb and Pc O'Brien avoided the sack after the panel found the breach of standards amounted to only 'misconduct'.
They were each issued with a written warning.
'Sadly some of our officers let Mr Moura down'
In a statement issued once proceedings were concluded, a senior GMP officer said Mr Moura has been 'let down.'
Deputy Chief Constable Terry Woods said, "This is a truly tragic case and my thoughts are with Mr Moura's family and loved ones.
"Andre Moura had the right to be treated with care, respect, and dignity, and sadly some of our officers let him down.
"Following a three week hearing, an independent panel has made a finding of misconduct for officers PC Michael Healey, PC Ashley Hudson, PC Andrew Bebb and PC Craig O'Brien and they have received written warnings. PC Tracy Ainsworth-Wrigley was found to have no case for misconduct.
"We have sadly seen examples of instances where officers tarnish the trust which ought to come with wearing a police uniform.
"I hope the outcome of this hearing today demonstrates that GMP will always investigate cases of this nature and refer them for independent investigation to ensure transparency and impartiality."
'Officers had duty of care to Mr Moura'
In explaining the panel's ruling, Mr Spencer said "all the officers could have done better."
Pc Healey should have checked Mr Moura's condition himself before cancelling the ambulance, the panel said.
"Had he done that the panel find it unlikley he would have cancelled the ambulance," Mr Spencer said.
Pc Healey "failed to have adequate regard for Mr Moura's welfare, to ensure that he was well enough to be transferred to a police station", the panel found.
As the arresting officer, Pc Healey had a "duty of care", the panel said.
The panel said Pc Healey did not pay adequate regard to Mr Moura's change in condition from "crying and shouting" to "silent and floppy" in the back of the van.
However, Mr Spencer said the panel had taken into account evidence from expert witness Martin Graves who said the officers' evidence that they believed Mr Moura was 'faking' illness should be regarded as their "honestly held belief at the time... without the luxury of hindsight."
In regards to Pc Healey, the panel found he had "the best of intentions" but that he had "relied upon others to make a decision he was best placed to make."
"If Pc Healey had reached the conclusion that Mr Moura was faking it this was a genuinely held belief, albeit based on flawed decision making," the panel said.
The panel said Pc Hudson did not carry out appropriate checks on Mr Moura's welfare "when he was in a position to do so."
Pc Hudson "shold have had regard for the possibility that Mr Moura was in medical difficulty", the panel said.
The panel found that Pc Bebb did not carry out checks to make sure Mr Moura was well enough to go to a police station.
"He should not have told Pc Healey to cancel the ambulance," the panel said.
"He could see what was in front of him, a man who was possibly in medical distress."
The panel said Pc O'Brien had "decided Mr Moura was faking it" but did not give "any regard to the possibility that he might not be."
'He is literally haunted by these images of Mr Moura'
Barrister Nick Walker, acting for Pc Healey, said the officer had been 'doing his best'.
"He is devastated that Mr Moura died that night," said Mr Walker.
"He is literally haunted by these images of Mr Moura in the holding area of the police station."
The tribunal heard Pc Healey was among several officers who potentially faced criminal charges including gross negligence manslaughter and misconduct in public office over the case.
Police watchdog the Independent Office for Police Conduct (IOPC) handed a file of evidence to the Crown Prosecution Service in 2019.
It was another twelve months before the CPS decided not to pursue criminal charges against any officer, saying the 'legal test for prosecution' had not been met.
"It has taken a long, long, time to get to today," said Mr Walker.
"Pc Healey is shattered by these proceedings.
"It will be a long road back to policing for him."
Sam Green, acting for Pc Hudson, also said the officer had struggled with potential criminal charges hanging over him.
He also referenced the three-and-a-half years that have expired since the incident, saying Pc Hudson had "done a lot of time served already."
Adam Birkby, acting for Pcs Bebb and O'Brien, highlighted letters of thanks and commendation the officers had received and described them as "competent, diligent and conscientious".
An inquest into the circumstances surrounding the death of Andre Moura is due to be held in January.
