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The Guardian - UK
The Guardian - UK
National
Steven Morris and agency

Three in court over death of man who collapsed in police cell

Handcuffs
Thomas Orchard was allegedly placed in handcuffs and leg restraints when he was arrested. Photograph: Alamy

A police sergeant and two custody officers have appeared in court for the first time charged with the manslaughter of a 33-year-old church caretaker who had mental health issues.

Thomas Orchard, who had paranoid schizophrenia, died in hospital after collapsing unconscious in a cell at Heavitree police station in Exeter in October 2012. He had allegedly been placed in handcuffs and leg restraints, with a padded belt placed across his mouth and nose.

On Thursday Orchard’s family came face to face with the three accused at Exeter magistrates court. Sergeant Jan Kingshott, 43, Simon Tansley, 37, and Michael Marsden, 54, are accused of the manslaughter of Orchard by use of unreasonable force. They also face a second charge of unlawfully killing Orchard by gross negligence.

In addition the three are charged with wilfully neglecting to perform duty or wilfully misconducting themselves while being the holder of a public office. None of the men entered pleas to any of the charges and they were all granted unconditional bail to appear at Bristol crown court on 26 February.

A media application to report the defendants’ addresses was rejected by the magistrates. The JPs said the police and Crown Prosecution Service supported the application not to reveal the addresses due to the “high-profile worldwide terrorist incidents and increasing security levels in the UK”.

Orchard was arrested in the centre of the city at 11.10am on 3 October 2012 after the police received 999 calls reporting his disturbed behaviour. Kingshott is a police officer, while Tansley and Marsden are members of police staff.

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