Death of Christopher Alder
Encyclopedia
Christopher Ibikunle Alder was a trainee computer programmer and former British Army
paratrooper who had been decorated for his service with the Army in Northern Ireland
. He died while in police custody
at Queen's Gardens Police Station, Kingston upon Hull
, in April 1998. The case became a cause célèbre
for civil rights campaigners in the United Kingdom
. He had earlier been the victim of an assault
outside a nightclub and was taken to Hull Royal Infirmary
where, possibly as a result of his head injury, staff said his behaviour was "extremely troublesome." He was escorted from the hospital by two police officers who then arrested him to prevent a breach of the peace
. On arrival at the police station he was "partially dragged and partially carried," handcuffed
and unconscious, from a police van and then placed on the floor of the custody suite
while officers chatted between themselves and speculated that he was faking illness. Twelve minutes later one of the officers present noticed that Alder was not making any breathing noises and although resuscitation
was then attempted he was pronounced dead at the scene
. A post mortem
indicated that the head injury alone would not have killed him. The incident was captured on the police station's closed-circuit television
(CCTV) cameras.
At an inquest held in 2000, the jury returned a verdict of unlawful killing
. The five police officers who were present in the custody suite at the time were called to give evidence at the inquest, but on more than 150 occasions during the hearing refused to answer questions, citing Coroners Rules that the response could provide self-incriminating
evidence. They were subsequently charged with misconduct in public office
. Shortly after the verdict was returned the officers, backed by the Police Federation
, sought to overturn it by means of a judicial review
. They claimed that the coroner
should not have given a verdict of unlawful killing as an option to the jury as the breaches of duty alleged against them could not amount to gross negligence
. They also alleged that a female juror had been "infatuated" with the prosecuting barrister
and that there was a "real possibility that her infatuation converted into bias." The application for the judicial review was dismissed by the High Court of Justice
in April 2001. The Crown Prosecution Service
initially decided that there was insufficient evidence to pursue criminal charges against the officers, but following a review of the medical evidence the officers were charged in March 2002 with Alder's manslaughter
. In June 2002, the trial collapsed when the judge ordered the jury to find the officers not guilty on all charges. Following the acquittal, an internal police disciplinary inquiry cleared the officers of any wrongdoing.
In July 2003 the Attorney General
Lord Goldsmith
challenged the legal correctness of the officers' acquittals and sent the ruling to the Court of Appeal "to clarify the threshold for evidence in future death-in-custody cases," although this would not affect the acquittal because of the principle of "double jeopardy
" which applied at that time. In April 2004, BBC television
series Rough Justice
broadcast "Death On Camera", a programme examining the circumstances of Alder's death, including the CCTV footage from the custody suite which had previously not been seen by the public. As a result of the programme and the public concern it raised, Home Secretary
David Blunkett
asked the Independent Police Complaints Commission
(IPCC) to review the case. In December 2004 four of the five police officers were granted early retirement on stress-related medical grounds and received lump-sum compensation payments of between £
44,000 and £66,000 as well as pensions. The officers all declined requests to take part in the IPCC inquiry. In March 2006 the IPCC chairman, Nick Hardwick, said the officers present when Alder died were guilty of the "most serious neglect of duty" amounting to "unwitting racism." In September 2006 Leon Wilson, one of Alder's sons, went to the High Court to challenge the Home Office's refusal to reopen the case. The judge rejected his case, saying it was "legally reasonable for the Secretary of State
to believe that no more worthwhile evidence was likely to emerge."
In January 2006, a civil jury also found that a man had been unlawfully arrested and charged with Alder's assault on the night he died "to divert attention away from the part the police themselves played in Mr Alder's death."
British man of Nigeria
n descent, born in Hull in 1960. He joined the British Army at the age of 16 and served in the Parachute Regiment for six years. After leaving the Army he first settled in Andover
, Hampshire
, before relocating to Dagger Lane, Hull in 1990. In 1998 he was undertaking a college course in computer skills in Hull. He had two sons, who had remained with their mother in the Andover area when their parents separated.
fast food restaurant before Alder suggested going on to a nightclub, The Waterfront Club (later renamed The Sugar Mill) on Prince's Dock Street in the Old Town area of the city. His companions, who later testified that at this stage of the evening Alder had only drunk two pints of lager
and two bottles of Beck's beer and "seemed sober", declined the invitation and Alder went on to the club alone at around 10.30 pm. While there he drank a further two or three pints of lager. At approximately 1.30 am Alder became involved in a disagreement with another customer, Jason Ramm, which led to Ramm being ejected from the club. Ramm waited in the vicinity of Prince's Dock Street until Alder left the club at 2.15 am and another confrontation occurred which was captured on the club's exterior CCTV. Another man, Jason Paul, attempted to break up the fight and was struck by Alder. Paul retaliated by punching Alder in the face, which caused him to fall backwards, strike his head on the pavement and lose consciousness. Staff at the nightclub telephoned the emergency services and an ambulance took Alder - who had by this time regained consciousness - to the Hull Royal Infirmary. Two police officers, PC Nigel Dawson and PC Neil Blakey, who had arrived shortly after the ambulance in a marked patrol car, made no attempt to speak to Alder and liased with the club's manager who took them inside to review the club's CCTV footage of the incident. A message they sent to their control room at this time indicates that they had already assumed Alder was very drunk, despite not having spoken to him or having been told this by any of the witnesses they spoke with. A third police officer, Acting Police Sergeant (A/PS) Mark Ellerington, arrived at about 2.50 am, after the ambulance left, and went inside to speak with the club manager and the officers already present. He was also told by Dawson and Blakey that Alder was drunk. The IPCC report later criticised the stance the police took, saying: "This judgement, based upon very little evidence, tends to suggest that the two officers were making assumptions about Mr. Alder's behaviour, and choosing to attribute it to alcohol taken rather than the injury sustained, from an early stage in their dealings with him."
s from the ambulance crew who had transported him there stated that Alder asked: "Where am I? What's happened?" One of the nurses who treated him also stated that, as well as being abusive and swearing at her, he was asking: "Where am I, what am I doing?" Two police officers who were present in the emergency department
on an unrelated matter intervened at one point and asked him to cooperate with the nursing staff. They recalled later that he calmed down but remained "confused." PC Dawson and PC Blakey arrived at the hospital at approximately 3.05 am. Alder again became uncooperative with staff at the hospital, and the police control room were informed by the officers at 3.19 am: "Our complainant is being a wee bit troublesome. Probably the reason why he got smacked
in the first place." The doctor who examined Alder listed his injuries as:
Medical staff attempted to take an x-ray
of Alder's head injury but he would not remain still and they abandoned the attempt. PC Dawson wrote in his note book at this time that Alder was "heavily in drink" and "typical of people I've seen in the past on amphetamine
." Staff eventually decided that they could not administer further treatment to Alder without his cooperation, and the police officers asked if he was well enough to be detained in police custody. The attending doctor agreed that he was. A subsequent (2005) Healthcare Commission
report into the medical treatment Alder received described this decision as "flawed...[T]he doctor had yet to make a diagnosis. He was unable to carry out his plan of treatment for Christopher Alder, for example to admit him for observation, x-ray his skull and refer him to a maxillo-facial surgeon
. Despite this he decided to discharge him without seeking advice from a senior colleague." This may also have contributed to the police officers' assumption that Alder's condition was not serious. Alder was then forcibly removed from the hospital by PCs Dawson and Blakey, with medical staff stating that he was dragged out by his arms, backwards and with his legs trailing on the floor. The police officers, however, stated that Alder had walked out unaided although they had kept a gentle grip on him to prevent him falling and to "guide" him. Once outside the hospital, Alder argued with the police officers, who had initially told him to go home, and he was then arrested to prevent a breach of the peace. A/PS Ellerington drove to the hospital to collect Alder for transport to the police station and detention. The vehicle used was a Mercedes-Benz Sprinter
with a caged section in the rear. Although handcuffed, Alder climbed into the back of the van unassisted.
and bowels
. A/PS Ellerington followed them in. Two police officers, Police Sergeant (PS) John Dunn and PC Matthew Barr, were already present on duty in the custody suite. Dunn was the custody officer
and Barr was the cell warder. Dawson and Blakey left Alder lying face down on the floor, where the CCTV showed a pool of blood forming around his mouth. One of the officers commented on the blood, but no attempt was made to examine Alder. PS Dunn was heard on the CCTV footage to indicate that Alder should be taken to the hospital, to which Dawson and Blakey reply that they had just come from there and that they believe Alder is feigning unconsciousness. Dawson said: "This is acting now" and "This is just an acting thing" while Blakey said: "He's right as rain... This is a show, this" and "He kept doing dying swan acts falling off the [hospital] trolley." A/PS Ellerington also stated later that he believed Alder was "feigning deep sleep." PS Dunn stated that he: "formed the opinion, from what I was told, that the man's behaviour at the present time may be play-acting or attention seeking."
After a few minutes the handcuffs were removed although Alder's arms remained unmoving behind his back, and no attempt was made to examine or rouse him. The officers then moved to the opposite side of the counter while a discussion took place about what offences he should be charged with and whether there was any possible justification for holding him, as any breach of peace had clearly passed. Alder could be heard making "gurgling" noises as he breathed in and out through the pool of blood around his face. PS Dunn later explained that although he was aware of the gurgling he ignored it, believing Alder was deliberately blowing through the blood to "try and upset" the officers. PC Barr stated later that he had believed the noises "were intended for our attention, in other words he was putting it on
, which fitted neatly into what we had been told by PC Dawson." At 3.57 am PC Barr pointed out that Alder was not making any noise and PS Dunn walked around the counter to check him. Resuscitation attempts then began and an ambulance was called for at 3.59 am, arriving at 4.04 am and operated by the same crew which had earlier transported Alder from The Waterfront Club to the Hull Royal Infirmary.
Although the crew had been informed that the casualty had "breathing difficulty" the only equipment that they took into the custody suite was a bag valve mask
. The paramedic admitted later that when they had received the call out he had told his colleague "that it would probably be someone trying to pull a sickie [ie feigning illness] to get out of appearing in court in the morning." He had to return to the ambulance outside to collect the necessary equipment, not returning until a further minute had elapsed. The ambulance technician who first examined Alder reported him as having fixed, dilated pupils
, no pulse and not breathing. They eventually ceased CPR
at 4.35 am.
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
paratrooper who had been decorated for his service with the Army in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. He died while in police custody
Detention (imprisonment)
Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property...
at Queen's Gardens Police Station, Kingston upon Hull
Kingston upon Hull
Kingston upon Hull , usually referred to as Hull, is a city and unitary authority area in the ceremonial county of the East Riding of Yorkshire, England. It stands on the River Hull at its junction with the Humber estuary, 25 miles inland from the North Sea. Hull has a resident population of...
, in April 1998. The case became a cause célèbre
Cause célèbre
A is an issue or incident arousing widespread controversy, outside campaigning and heated public debate. The term is particularly used in connection with celebrated legal cases. It is a French phrase in common English use...
for civil rights campaigners in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. He had earlier been the victim of an assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
outside a nightclub and was taken to Hull Royal Infirmary
Hull Royal Infirmary
Hull Royal Infirmary is one of the two main hospitals for Kingston upon Hull . It is situated on Anlaby Road, just outside of the city centre, and is run by Hull and East Yorkshire Hospitals NHS Trust....
where, possibly as a result of his head injury, staff said his behaviour was "extremely troublesome." He was escorted from the hospital by two police officers who then arrested him to prevent a breach of the peace
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
. On arrival at the police station he was "partially dragged and partially carried," handcuffed
Handcuffs
Handcuffs are restraint devices designed to secure an individual's wrists close together. They comprise two parts, linked together by a chain, a hinge, or rigid bar. Each half has a rotating arm which engages with a ratchet that prevents it from being opened once closed around a person's wrist...
and unconscious, from a police van and then placed on the floor of the custody suite
Custody suite
A custody suite is a designated area within a police station designed and adapted to process and detain those who have been arrested, or who are there for purposes such as answering bail....
while officers chatted between themselves and speculated that he was faking illness. Twelve minutes later one of the officers present noticed that Alder was not making any breathing noises and although resuscitation
Cardiopulmonary resuscitation
Cardiopulmonary resuscitation is an emergency procedure which is performed in an effort to manually preserve intact brain function until further measures are taken to restore spontaneous blood circulation and breathing in a person in cardiac arrest. It is indicated in those who are unresponsive...
was then attempted he was pronounced dead at the scene
Dead on arrival
Dead on arrival or D.O.A. is a term used to indicate that a patient was found to be already clinically dead upon the arrival of professional medical assistance, often in the form of first responders such as emergency medical technicians, paramedics, or police...
. A post mortem
Autopsy
An autopsy—also known as a post-mortem examination, necropsy , autopsia cadaverum, or obduction—is a highly specialized surgical procedure that consists of a thorough examination of a corpse to determine the cause and manner of death and to evaluate any disease or injury that may be present...
indicated that the head injury alone would not have killed him. The incident was captured on the police station's closed-circuit television
Closed-circuit television
Closed-circuit television is the use of video cameras to transmit a signal to a specific place, on a limited set of monitors....
(CCTV) cameras.
At an inquest held in 2000, the jury returned a verdict of unlawful killing
Unlawful killing
In English law unlawful killing is a verdict that can be returned by an inquest in England and Wales when someone has been killed by one or several unknown persons. The verdict means that the killing was done without lawful excuse and in breach of criminal law. This includes murder, manslaughter,...
. The five police officers who were present in the custody suite at the time were called to give evidence at the inquest, but on more than 150 occasions during the hearing refused to answer questions, citing Coroners Rules that the response could provide self-incriminating
Self-incrimination
Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; indirectly, when information of a...
evidence. They were subsequently charged with misconduct in public office
Malfeasance in office
Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected official by statute or recall election.An exact...
. Shortly after the verdict was returned the officers, backed by the Police Federation
Police Federation of England and Wales
The Police Federation of England and Wales is the representative body to which all police officers in England and Wales up to and including the rank of Chief Inspector belong. There are 141,000 members as of July 2009...
, sought to overturn it by means of a judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. They claimed that the coroner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
should not have given a verdict of unlawful killing as an option to the jury as the breaches of duty alleged against them could not amount to gross negligence
Gross negligence
Gross negligence is a legal concept which means serious carelessness. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct one expects from the proverbial "reasonable person"...
. They also alleged that a female juror had been "infatuated" with the prosecuting barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and that there was a "real possibility that her infatuation converted into bias." The application for the judicial review was dismissed by the High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
in April 2001. The Crown Prosecution Service
Crown Prosecution Service
The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. Its role is similar to that of the longer-established Crown Office in Scotland, and the...
initially decided that there was insufficient evidence to pursue criminal charges against the officers, but following a review of the medical evidence the officers were charged in March 2002 with Alder's manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
. In June 2002, the trial collapsed when the judge ordered the jury to find the officers not guilty on all charges. Following the acquittal, an internal police disciplinary inquiry cleared the officers of any wrongdoing.
In July 2003 the Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
Lord Goldsmith
Peter Goldsmith, Baron Goldsmith
Peter Henry Goldsmith, Baron Goldsmith, PC, QC , is a former Attorney General for England and Wales and Northern Ireland. On 22 June 2007, Goldsmith announced his resignation which took effect on 27 June 2007, the same day that prime minister, Tony Blair, stepped down. Goldsmith was the longest...
challenged the legal correctness of the officers' acquittals and sent the ruling to the Court of Appeal "to clarify the threshold for evidence in future death-in-custody cases," although this would not affect the acquittal because of the principle of "double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
" which applied at that time. In April 2004, BBC television
BBC Television
BBC Television is a service of the British Broadcasting Corporation. The corporation, which has operated in the United Kingdom under the terms of a Royal Charter since 1927, has produced television programmes from its own studios since 1932, although the start of its regular service of television...
series Rough Justice
Rough Justice (TV series)
Rough Justice was a BBC television series which investigated alleged miscarriages of justice. It was broadcast between 1982 and 2007, and played a role in securing the release of 18 people involved in 13 cases involving miscarriages of justice. The programme was similar in aim and approach to The...
broadcast "Death On Camera", a programme examining the circumstances of Alder's death, including the CCTV footage from the custody suite which had previously not been seen by the public. As a result of the programme and the public concern it raised, Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
David Blunkett
David Blunkett
David Blunkett is a British Labour Party politician and the Member of Parliament for Sheffield Brightside and Hillsborough, having represented Sheffield Brightside from 1987 to 2010...
asked the Independent Police Complaints Commission
Independent Police Complaints Commission
The Independent Police Complaints Commission is a non-departmental public body in England and Wales responsible for overseeing the system for handling complaints made against police forces in England and Wales.-Role:...
(IPCC) to review the case. In December 2004 four of the five police officers were granted early retirement on stress-related medical grounds and received lump-sum compensation payments of between £
Pound sterling
The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence...
44,000 and £66,000 as well as pensions. The officers all declined requests to take part in the IPCC inquiry. In March 2006 the IPCC chairman, Nick Hardwick, said the officers present when Alder died were guilty of the "most serious neglect of duty" amounting to "unwitting racism." In September 2006 Leon Wilson, one of Alder's sons, went to the High Court to challenge the Home Office's refusal to reopen the case. The judge rejected his case, saying it was "legally reasonable for the Secretary of State
Secretary of State
Secretary of State or State Secretary is a commonly used title for a senior or mid-level post in governments around the world. The role varies between countries, and in some cases there are multiple Secretaries of State in the Government....
to believe that no more worthwhile evidence was likely to emerge."
In January 2006, a civil jury also found that a man had been unlawfully arrested and charged with Alder's assault on the night he died "to divert attention away from the part the police themselves played in Mr Alder's death."
Christopher Alder
Alder was a blackBlack people
The term black people is used in systems of racial classification for humans of a dark skinned phenotype, relative to other racial groups.Different societies apply different criteria regarding who is classified as "black", and often social variables such as class, socio-economic status also plays a...
British man of Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
n descent, born in Hull in 1960. He joined the British Army at the age of 16 and served in the Parachute Regiment for six years. After leaving the Army he first settled in Andover
Andover, Hampshire
Andover is a town in the English county of Hampshire. The town is on the River Anton some 18.5 miles west of the town of Basingstoke, 18.5 miles north-west of the city of Winchester and 25 miles north of the city of Southampton...
, Hampshire
Hampshire
Hampshire is a county on the southern coast of England in the United Kingdom. The county town of Hampshire is Winchester, a historic cathedral city that was once the capital of England. Hampshire is notable for housing the original birthplaces of the Royal Navy, British Army, and Royal Air Force...
, before relocating to Dagger Lane, Hull in 1990. In 1998 he was undertaking a college course in computer skills in Hull. He had two sons, who had remained with their mother in the Andover area when their parents separated.
Burial
In November 2011 it was revealed that his body had been discovered in Hull City Mortuary and that a woman's body had been buried in his grave.The Waterfront Club
At around 7 pm on 31 March 1998 Alder went out for the evening in Hull with two friends, visiting several local bars and a McDonald'sMcDonald's
McDonald's Corporation is the world's largest chain of hamburger fast food restaurants, serving around 64 million customers daily in 119 countries. Headquartered in the United States, the company began in 1940 as a barbecue restaurant operated by the eponymous Richard and Maurice McDonald; in 1948...
fast food restaurant before Alder suggested going on to a nightclub, The Waterfront Club (later renamed The Sugar Mill) on Prince's Dock Street in the Old Town area of the city. His companions, who later testified that at this stage of the evening Alder had only drunk two pints of lager
Lager
Lager is a type of beer made from malted barley that is brewed and stored at low temperatures. There are many types of lager; pale lager is the most widely-consumed and commercially available style of beer in the world; Pilsner, Bock, Dortmunder Export and Märzen are all styles of lager...
and two bottles of Beck's beer and "seemed sober", declined the invitation and Alder went on to the club alone at around 10.30 pm. While there he drank a further two or three pints of lager. At approximately 1.30 am Alder became involved in a disagreement with another customer, Jason Ramm, which led to Ramm being ejected from the club. Ramm waited in the vicinity of Prince's Dock Street until Alder left the club at 2.15 am and another confrontation occurred which was captured on the club's exterior CCTV. Another man, Jason Paul, attempted to break up the fight and was struck by Alder. Paul retaliated by punching Alder in the face, which caused him to fall backwards, strike his head on the pavement and lose consciousness. Staff at the nightclub telephoned the emergency services and an ambulance took Alder - who had by this time regained consciousness - to the Hull Royal Infirmary. Two police officers, PC Nigel Dawson and PC Neil Blakey, who had arrived shortly after the ambulance in a marked patrol car, made no attempt to speak to Alder and liased with the club's manager who took them inside to review the club's CCTV footage of the incident. A message they sent to their control room at this time indicates that they had already assumed Alder was very drunk, despite not having spoken to him or having been told this by any of the witnesses they spoke with. A third police officer, Acting Police Sergeant (A/PS) Mark Ellerington, arrived at about 2.50 am, after the ambulance left, and went inside to speak with the club manager and the officers already present. He was also told by Dawson and Blakey that Alder was drunk. The IPCC report later criticised the stance the police took, saying: "This judgement, based upon very little evidence, tends to suggest that the two officers were making assumptions about Mr. Alder's behaviour, and choosing to attribute it to alcohol taken rather than the injury sustained, from an early stage in their dealings with him."
Hull Royal Infirmary
The ambulance arrived at the hospital at 2.44 am, where Alder was described by one witness who dealt with him as "confused and dazed" and "generally abusive." One of the paramedicParamedic
A paramedic is a healthcare professional that works in emergency medical situations. Paramedics provide advanced levels of care for medical emergencies and trauma. The majority of paramedics are based in the field in ambulances, emergency response vehicles, or in specialist mobile units such as...
s from the ambulance crew who had transported him there stated that Alder asked: "Where am I? What's happened?" One of the nurses who treated him also stated that, as well as being abusive and swearing at her, he was asking: "Where am I, what am I doing?" Two police officers who were present in the emergency department
Emergency department
An emergency department , also known as accident & emergency , emergency room , emergency ward , or casualty department is a medical treatment facility specialising in acute care of patients who present without prior appointment, either by their own means or by ambulance...
on an unrelated matter intervened at one point and asked him to cooperate with the nursing staff. They recalled later that he calmed down but remained "confused." PC Dawson and PC Blakey arrived at the hospital at approximately 3.05 am. Alder again became uncooperative with staff at the hospital, and the police control room were informed by the officers at 3.19 am: "Our complainant is being a wee bit troublesome. Probably the reason why he got smacked
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
in the first place." The doctor who examined Alder listed his injuries as:
- haematomaHematomaA hematoma, or haematoma, is a localized collection of blood outside the blood vessels, usually in liquid form within the tissue. This distinguishes it from an ecchymosis, which is the spread of blood under the skin in a thin layer, commonly called a bruise...
at the rear of his head caused by impact but not consistent with a direct blow - localised swelling to the area of the left side of his upper lip
- two wounds to the left side of his upper lip which were not bleeding
- front left canine toothCanine toothIn mammalian oral anatomy, the canine teeth, also called cuspids, dogteeth, fangs, or eye teeth, are relatively long, pointed teeth...
knocked out and the tooth adjacent to it upon the left upper side loosened and pushed into his mouth - minimal bleeding from the tooth that was knocked out
Medical staff attempted to take an x-ray
X-ray
X-radiation is a form of electromagnetic radiation. X-rays have a wavelength in the range of 0.01 to 10 nanometers, corresponding to frequencies in the range 30 petahertz to 30 exahertz and energies in the range 120 eV to 120 keV. They are shorter in wavelength than UV rays and longer than gamma...
of Alder's head injury but he would not remain still and they abandoned the attempt. PC Dawson wrote in his note book at this time that Alder was "heavily in drink" and "typical of people I've seen in the past on amphetamine
Amphetamine
Amphetamine or amfetamine is a psychostimulant drug of the phenethylamine class which produces increased wakefulness and focus in association with decreased fatigue and appetite.Brand names of medications that contain, or metabolize into, amphetamine include Adderall, Dexedrine, Dextrostat,...
." Staff eventually decided that they could not administer further treatment to Alder without his cooperation, and the police officers asked if he was well enough to be detained in police custody. The attending doctor agreed that he was. A subsequent (2005) Healthcare Commission
Healthcare Commission
The Healthcare Commission was a non-departmental public body sponsored by the Department of Health of the United Kingdom. It was set up to promote and drive improvement in the quality of health care and public health in England and Wales...
report into the medical treatment Alder received described this decision as "flawed...[T]he doctor had yet to make a diagnosis. He was unable to carry out his plan of treatment for Christopher Alder, for example to admit him for observation, x-ray his skull and refer him to a maxillo-facial surgeon
Oral and maxillofacial surgery
Oral and maxillofacial surgery is surgery to correct a wide spectrum of diseases, injuries and defects in the head, neck, face, jaws and the hard and soft tissues of the oral and maxillofacial region. It is an internationally recognized surgical specialty...
. Despite this he decided to discharge him without seeking advice from a senior colleague." This may also have contributed to the police officers' assumption that Alder's condition was not serious. Alder was then forcibly removed from the hospital by PCs Dawson and Blakey, with medical staff stating that he was dragged out by his arms, backwards and with his legs trailing on the floor. The police officers, however, stated that Alder had walked out unaided although they had kept a gentle grip on him to prevent him falling and to "guide" him. Once outside the hospital, Alder argued with the police officers, who had initially told him to go home, and he was then arrested to prevent a breach of the peace. A/PS Ellerington drove to the hospital to collect Alder for transport to the police station and detention. The vehicle used was a Mercedes-Benz Sprinter
Mercedes-Benz Sprinter
The Mercedes-Benz Sprinter is a light and heavy commercial vehicle, built by Daimler AG of Stuttgart, Germany as a van, chassis cab and minibus, and sold as a Mercedes model, except in the U.S. where it is built from complete knock down kits and was sold by Freightliner until 2010 when Mercedes...
with a caged section in the rear. Although handcuffed, Alder climbed into the back of the van unassisted.
Queen's Gardens Police Station
On arrival at the police station following a journey of approximately six minutes, the van doors were opened and the police described Alder being found "asleep" and "snoring." He was dragged from the van and into the custody suite at 3.46 am by PCs Dawson and Blsakey, "unresponsive" and with his hands handcuffed behind his back, his legs and feet dragging along the floor and his face just above the ground. His trousers and underpants had been pulled down to his knees, possibly by dragging on the floor surface, and one of his shoes had come off. He had lost control of both bladderUrinary incontinence
Urinary incontinence is any involuntary leakage of urine. It is a common and distressing problem, which may have a profound impact on quality of life. Urinary incontinence almost always results from an underlying treatable medical condition but is under-reported to medical practitioners...
and bowels
Fecal incontinence
Fecal incontinence is the loss of regular control of the bowels. Involuntary excretion and leaking are common occurrences for those affected. Subjects relating to defecation are often socially unacceptable, thus those affected may be beset by feelings of shame and humiliation...
. A/PS Ellerington followed them in. Two police officers, Police Sergeant (PS) John Dunn and PC Matthew Barr, were already present on duty in the custody suite. Dunn was the custody officer
Custody officer
A Custody Officer is an attested constable of at least the rank of Sergeant in the United Kingdom who works in a custody suite. They are responsible for the care and welfare of arrested persons who are brought to the custody suite.-Responsibilities:...
and Barr was the cell warder. Dawson and Blakey left Alder lying face down on the floor, where the CCTV showed a pool of blood forming around his mouth. One of the officers commented on the blood, but no attempt was made to examine Alder. PS Dunn was heard on the CCTV footage to indicate that Alder should be taken to the hospital, to which Dawson and Blakey reply that they had just come from there and that they believe Alder is feigning unconsciousness. Dawson said: "This is acting now" and "This is just an acting thing" while Blakey said: "He's right as rain... This is a show, this" and "He kept doing dying swan acts falling off the [hospital] trolley." A/PS Ellerington also stated later that he believed Alder was "feigning deep sleep." PS Dunn stated that he: "formed the opinion, from what I was told, that the man's behaviour at the present time may be play-acting or attention seeking."
After a few minutes the handcuffs were removed although Alder's arms remained unmoving behind his back, and no attempt was made to examine or rouse him. The officers then moved to the opposite side of the counter while a discussion took place about what offences he should be charged with and whether there was any possible justification for holding him, as any breach of peace had clearly passed. Alder could be heard making "gurgling" noises as he breathed in and out through the pool of blood around his face. PS Dunn later explained that although he was aware of the gurgling he ignored it, believing Alder was deliberately blowing through the blood to "try and upset" the officers. PC Barr stated later that he had believed the noises "were intended for our attention, in other words he was putting it on
Exaggeration
Exaggeration is a representation of something in an excessive manner. The exaggerator has been a familiar figure in Western culture since at least Aristotle's discussion of the alazon: 'the boaster is regarded as one who pretends to have distinguished qualities which he possesses either not at all...
, which fitted neatly into what we had been told by PC Dawson." At 3.57 am PC Barr pointed out that Alder was not making any noise and PS Dunn walked around the counter to check him. Resuscitation attempts then began and an ambulance was called for at 3.59 am, arriving at 4.04 am and operated by the same crew which had earlier transported Alder from The Waterfront Club to the Hull Royal Infirmary.
Although the crew had been informed that the casualty had "breathing difficulty" the only equipment that they took into the custody suite was a bag valve mask
Bag valve mask
A bag valve mask is a hand-held device used to provide positive pressure ventilation to a patient who is not breathing or who is breathing inadequately. The device is a normal part of a resuscitation kit for trained professionals, such as ambulance crew...
. The paramedic admitted later that when they had received the call out he had told his colleague "that it would probably be someone trying to pull a sickie [ie feigning illness] to get out of appearing in court in the morning." He had to return to the ambulance outside to collect the necessary equipment, not returning until a further minute had elapsed. The ambulance technician who first examined Alder reported him as having fixed, dilated pupils
Blown pupil
Blown pupil is an informal medical term used by medical providers to refer to sudden pupillary dilation and loss of ability to constrict in response to light...
, no pulse and not breathing. They eventually ceased CPR
Cardiopulmonary resuscitation
Cardiopulmonary resuscitation is an emergency procedure which is performed in an effort to manually preserve intact brain function until further measures are taken to restore spontaneous blood circulation and breathing in a person in cardiac arrest. It is indicated in those who are unresponsive...
at 4.35 am.