Relevant expert evidence

32. The Inquiry instructed Dr James Hard, the Inquiry’s medical expert, to provide an independent opinion regarding the medical and clinical care issues at Brook House during the relevant period. In his oral evidence to the Inquiry, Dr Hard noted that healthcare staff, including GPs, have an important safeguarding and monitoring role in relation to the use of force.¹ In respect of D1914, he stated that it was a failure of Dr Oozeerally not to have raised D1914’s cardiac history and the serious risks of placing additional stress upon him.² He said that it was not in D1914’s best interests to have had force used against him in order to remove him from the country.³
33. Mr Jonathan Collier, the Inquiry’s use of force expert, also reviewed this incident and raised a number of concerns.

33.1 Mr Webb’s demonstration to Mr Tulley of how to use a shield was incorrect and appeared to imply that the bottom edge of the shield was used to deliberately target areas of the body. Mr Collier said that this technique would create a high risk of injury.⁴ The language used throughout the demonstration implied that the shield should be used offensively rather than as a defensive tool.⁵

33.2 The use of PPE was not warranted.⁶

33.3 Force was not used as a last resort and was used in circumstances where D1914 was suffering from ill health and not presenting any risk to the officers.⁷ No meaningful negotiations took place before nine members of staff in full PPE entered the cell.⁸ D1914 was not due to leave Brook House until the following day. There was therefore ample time to speak to D1914 and try to gain his compliance.⁷

33.4 It was not necessary to place D1914 in handcuffs. Consideration ought to have been given to the size and health of D1914, and to the potential risks of placing him in handcuffs with his arms behind his back.⁹

33.5 D1914 ought to have been given a T-shirt before he was removed from his cell as a matter of decency.¹⁰

33.6 The debrief conducted by Mr Dix lacked depth.¹¹

1. Dr James Hard 28 March 2022 88/25-89/4[↩]
2. Dr James Hard 28 March 2022 92/9-18[↩]
3. Dr James Hard 28 March 2022 90/16-24[↩]
4. INQ000111_033 para 117[↩]
5. INQ000158_019 para 4.2[↩]
6. INQ000111_033 p121[↩]
7. INQ000111_032 para 116; INQ000111_033 para 120[↩][↩]
8. INQ000177_004 para 2[↩]
9. INQ000111_034 para 122; INQ000177_004 para 4[↩]
10. INQ000177_004 para 4[↩]
11. INQ000158_019-020 para 4.4[↩]