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The mother of Gillingham man Colin Holt, who died while being restrained by police, did not live to see end of the trial

Colin Holt, from Gillingham, was 52 when he died
Colin Holt, from Gillingham, was 52 when he died

The mother of a man who died while being restrained by police has died not knowing the outcome of the trial of two officers involved.

The family of Colin Holt were not in court on Friday to see PCs Maurice Leigh, 54, and Neil Bowdery, 29, cleared of misconduct charges – because they were attending the funeral.

They have described the two--and-a-half-year wait for details of what happened at the 52-year-old electrician’s flat as “torture”, while the trial judge raised questions about police training in the light of the tragedy.

Mr Holt, who was schizophrenic, died from positional asphyxia, which occurs when a person’s position prevents them breathing.

Police had been called to his home at Harbledown Manor in Goudhurst Road, Twydall, on August 30, 2010, after he went missing from Medway Hospital.

Officers planned to detain him under the Mental Health Act, but PC Leigh told Maidstone Crown Court that it was necessary to handcuff Mr Holt because he was being violent.

Mr Holt’s sister Connie said: “It has taken so painfully long to get to this stage and it’s a shame that my mother and I had to endure this.

“She was really knocked for six at the news of Colin’s death. It broke her heart.

“She was waiting for answers so she could deal with losing her son in this way. She didn’t get to say goodbye or find inner peace.

“Colin will be greatly missed by all the family. He was a good brother, uncle and son and we shared some real fun times and those are the memories we will keep with us – he was a truly unique part of our family.”

PC Neil Bowdery. Picture: Mike Gunnill
PC Neil Bowdery. Picture: Mike Gunnill

PC Maurice Leigh and PC Neil Bowdery both denied misconduct in public office over the handling of Colin Holt.

PC Leigh cried and PC Bowdery put his arm around him after the jury returned unanimous verdicts.

Duncan Penny, prosecuting, had told Maidstone Crown Court the officers allowed Mr Holt to “die in front of them without taking action to seek to prevent it”.

High Court judge Mr Justice Singh said after the verdicts that the trial had raised questions about the quality of training given to police officers at the relevant time in relation to safety.

He said it was “in particular the issue of positional asphyxia in restraint positions and, secondly, into refresher training in first aid”.

PC Maurice Leigh. Picture: Mike Gunnill
PC Maurice Leigh. Picture: Mike Gunnill

The judge added: “I do not intend to say more about these matters because it would not be appropriate for me in any way to intrude upon the province of the coroner or any inquest there may be in the future.

“However, this has been a criminal trial of individual defendants.

“I haven’t heard, for example, full evidence there might be on behalf of the Kent Police Force.

“Nevertheless, I hope that what I have said ... will be of some assistance to those who are concerned with this matter in the future.

“In that way, there may be at least some comfort for those concerned with this tragic death in the sense it is to be hoped that lessons can be learnt for the future.”

Mr Justice Singh wanted to express his sympathy to Mr Holt’s family. He also asked why there had been such a delay in the case reaching court.

An inquest into Mr Holt’s death is yet to be held.

A police spokesman said: “The death of Colin Holt is a tragedy for everyone concerned. Kent Police offers its sincere condolences to Mr Holt’s family and friends.

“This has been traumatic for the officers concerned and this case underlines that policing is often a difficult job, sometimes carried out in very difficult circumstances.”

The spokesman also revealed the force would be reviewing the suspension of both the officers and would also carry out a review of the Independent Police Complaints Commission’s recommendations.

IPCC commissioner Mary Cunneen said: “This is a desperately sad case and my thoughts go out to Mr Holt’s family and friends.

“We await Kent Police’s response to our investigation report and will prepare for the inquest in due course.”

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