Andre Moura: No charges over police custody death

  • Published
Media caption,
Andre Moura, 30, died hours after his arrest

Five police officers who were on duty when a 30-year-old man was arrested and later died in custody will not face criminal charges.

Andre Moura was found "unresponsive" in a police van in Oldham in July 2018 and later pronounced dead in hospital.

But the CPS said there was "insufficient evidence" for any charges against the officers.

Mr Moura, who was originally from Portugal, was arrested amid reports of a domestic incident at the home he shared with his family on Seventh Avenue.

Image source, Google
Image caption,
Mr Moura was taken in a police van to Ashton-under-Lyne police station

The incident was captured in mobile phone footage shot by a neighbour, and involved the father of four being restrained with CS gas.

The neighbour who filmed the arrest told officers their actions were "excessive".

Mr Moura can be heard screaming "help", with officers shouting at him to stop "resisting".

He was taken to Ashton-under-Lyne station in a police van but found to be "unresponsive" on arrival.

An ambulance was called and he was confirmed dead at 01:30 the next day at Tameside Hospital.

'Insufficient evidence'

The Independent Office for Police Conduct (IOPC) completed its investigation in August 2019 and referred five officers to the CPS.

"The threshold for an IOPC referral is lower than the threshold applied by the CPS when they consider whether to charge someone with a criminal offence," a spokesperson for the watchdog said.

Jenny Hopkins, from the CPS, said it has examined body-worn camera footage, mobile phone video, evidence from an independent expert in police restraint and evidence from a consultant in accident and emergency medicine.

"We have concluded there is insufficient evidence for any manslaughter, assault or misconduct in public office criminal charges against any of those officers," she added.

Mr Moura's family has the option to call for a review of the CPS's decision.

A Greater Manchester Police spokesperson said it "fully supported the IOPC investigation to ensure that the conduct of our officers during this incident was scrutinised at the highest independent level".

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