Police officers refuse to answer questions over death in custody

David Stokes, 31, was being taken to Chesterfield police station in Derbyshire after he was stopped in his car and arrested nearby as part of a pre-planned operation.

According to early police accounts to the Independent Police Complaints Commission, Mr Stokes, from Birmingham, “became unwell” while being transferred and died in hospital after the vehicle was diverted.

But the IPCC, which is now investigating the case, says Derbyshire Police officers declined to answer questions in the hours after the death on April 19, “citing fatigue and legal advice they had received”.

The watchdog used new powers introduced this year to compel officers to attend witness interviews but they again refused to answer questions, instead choosing to submit written statements afterwards.

Eight Derbyshire Police officers were at the scene where Mr Stokes was stopped, close to the junction of Calow Lane, Cock Alley and Hallflash Lane near the A617.

IPCC Commissioner James Dipple-Johnstone said: “It is disappointing that officers who are immediate witnesses to an incident in which a man died do not answer directly the questions asked of them by the independent body tasked with investigating the death – relying instead on prepared statements later.

“This reluctance to assist fully an independent inquiry by providing best evidence has the potential to undermine public confidence in the police and delays answers for the family who are grieving the loss of a loved one.

“Our investigation continues and is making progress. I would like to thank those members of the public and other police officers who have assisted us so far. 
We are, however, keen to hear from anyone else who may have information about what occurred.”

The cause of Mr Stokes’s death has not yet been established, but early reports suggest there were no external injuries that could have contributed.

Derbyshire Police’s Deputy Chief Constable Alan Goodwin said: “Derbyshire Constabulary remains committed to assisting the Independent Police Complaints Commission in its investigation into the death of Mr Stokes.

“This is an ongoing investigation and it would be inappropriate for the force to comment further.”

The new powers that allow the IPCC to compel serving police officers to attend witness interviews came into force in March.

They were announced by Home Secretary Theresa May in November after concerns were raised about officers refusing to attend witness interviews.

The IPCC already had the power to make officers come to interviews where there were criminal or misconduct allegations, and this has been extended to situations without those claims.

The move is designed to beef up its powers to interview officers for its ongoing investigation into the 1989 Hillsborough tragedy.

The IPCC has faced difficulties in the past with cases such as the shooting of Mark Duggan, where officers refused to attend face-to-face interviews. Mr Duggan was killed in London in 2011 and his death was the trigger for rioting.

Among the IPCC investigations ongoing in Yorkshire is a probe into the death of Colin Berry, 49, who died from a gunshot wound during a police drugs raid on his home in Clayton, Bradford, last month.

Anyone with information about the police operation near Chesterfield at about 12.40pm on April 19 is urged to call the IPCC on 0800 096 9070 or email [email protected].