By Mark S Redfern. Photo: A vigil for Mohamud Hassan held outside Cardiff Bay Police Station last week. Photo, Tom Davies
MOHAMUD HASSAN, 24, WAS A YOUNG BLACK MAN WHO DIED IN JANUARY 2021 AFTER BEING HELD OVERNIGHT IN POLICE CUSTODY AT CARDIFF BAY STATION
IT’S NOW BEEN REVEALED THAT AN OFFICER WHO TRANSPORTED MOHAMUD TO THE STATION POTENTIALLY IGNORED HIS PLEAS THAT HE HAD SUFFERED A SEIZURE AND WAS IN PAIN, AND FAILED TO PASS THIS VITAL INFORMATION ON
FAMILY LAWYER HILLARY BROWN TELLS VOICE.WALES THAT THE OFFICER IN QUESTION SHOULD FACE A TOUGHER CHARGE OF GROSS MISCONDUCT, BUT SAYS “THE BUCK DOESN’T STOP THERE.”
The police watchdog responsible for investigating the death of Mohamud Hassan has confirmed that a South Wales Police (SWP) officer is being investigated for misconduct in relation to the 24 year old’s arrest on Friday 8th January.
But the lawyer Hillary Brown, representing the Hassan Family, has said a tougher charge of gross misconduct should be brought forward against the officer and that the custody sergeant “has also failed.”
Mohamud, 24, was released the next morning without charge, but died later that day. Family members who saw him return home said he was badly injured and bruised.
Four days of protests erupted outside Cardiff Bay police station, where the mostly young crowd blamed the cops for the death. South Wales Police quickly denied that they had uncovered any officer misconduct.
But a statement yesterday from the Independent Office for Police Conduct (IOPC) said that a “misconduct notice” had been issued to an officer who may not have passed on crucial information about Mohamud’s deteriorating state whilst in transit to Cardiff Bay Police Station after his arrest.
The IOPC said: “The officer attended the Newport Road, Cardiff address on 8 January and accompanied Mr Hassan to Cardiff Bay custody unit in the rear of a police van.”
“During this time period, Mr Hassan was heard on body worn camera to complain of having a fit, suffering a migraine, and displayed signs of experiencing pain.”
Failed
Speaking to voice.wales following the IOPC statement, lawyer Hillary Brown from Virgo Consulting, who is representing the Hassan Family, said that they were distraught and a more serious charge should be brought forward.
“If what we’re reading is correct, then we don’t believe it is misconduct, we believe it is gross misconduct,” she said.
“The police were the guardians of his health and wellbeing, and the officer was obligated to pass on information. It was his duty to ensure [Mohamud’s] rights were protected…he was in a state of some distress.”
She went on to say that the “buck doesn’t stop” with one officer though, adding that the “custody sergeant has also failed.”
Ms Brown also raised the fact that over 50 cops were in contact with Mohamud Hassan during his time with SWP: “That’s 52 police officers that would have seen him in a distressed state. He would have told them he was in a distressed and injured state.”
Brown requested the custody records of Mr Hassan’s contact with South Wales Police immediately following his death but this had been refused, with the IOPC saying the investigation would have to conclude first, something they say could take up to 6 months. Meanwhile, Brown said the family were “on their knees” with grief.
Reacting to the news on his blog, Lee Jasper of Black and Asian Lawyers for Justice, also working on the case, said that the new information “raises the serious question of what occurred at the point of arrest,” adding that “It is widely believed that Mohamud was subject to violent arrest by South Wales Police officers…”
Mohamud also told family members he had been tasered during the arrest, but the IOPC have not confirmed or denied this.
Credibility
The new information puts both the police and IOPC’s initial statements following Mohamud Hassan’s death in serious doubt.
An internal investigation by the cops announced within just two days that “[e]arly findings by the force indicate no misconduct issues and no excessive force.”
The IOPC also said on January 12th that “preliminary indications” showed that Mr Hassan had suffered “no physical trauma injury to explain a cause of death.” This was later repeated by South Wales Police and Crime Commissioner (PCC) Alun Michael and on 15th January, Chief Constable Jeremy Vaughan said the matter had been referred to the IOPC as a matter of course, and not “because we thought that police officers had done anything wrong…”
“Given these statements,” said Mr Jasper, “the credibility of both organisations [SWP & IOPC] is now in severe and dire jeopardy. “
The prior statements from the authorities are also in contrast to the revelation that more than 50 police officers had contact with Mohamud during his stay in custody hours before his death.
On top of this, a preliminary autopsy report on Mohamud Hassan’s body showed extensive bruising and a split lip, findings that support early eyewitness reports of the father-to-be’s beaten state before his death.
In none of their public statements have the police or the IOPC tried to explain how Mohamud became injured and bruised. Lawyer Hillary Brown says they are awaiting a full statutory post mortem report, and an independent autopsy is still in process.
The IOPC say they have “a team of investigators continuing to analyse many hours of body-worn video and CCTV footage.” This is where the latest information has come from. The IOPC is under pressure following calls by Black families whose loved ones had died following police contact for the watchdog to be abolished, following multiple failure to prosecute cops.
Ms Brown said the family expected the IOPC to do its job: “We hope the IOPC does what they say they are going to do.”
Transparency
In light of the new information, pressure is also growing for the police and PCC Alun Michael to release the bodycam footage of Mohamud Hassan’s arrest, resulting in a petition reaching over 30k signatures at time of writing.
Bethan Sayed, MS for South Wales West, has also joined calls for the release of crucial video evidence to the family.
South Wales Police has also faced backlash for handing a £500 fine under the new Covid regulations to a Black Lives Matter activist, Bianca Ali, who they allege organised the demonstrations outside Cardiff Bay Station.
A spokesperson for Black Lives Matter Cardiff and Vale told voice.wales: “Mohamud, violently arrested, tasered more than once, in contact with 52 police officers, and now we find that he was denied medical treatment.. it is paramount that the officer is suspended immediately. But it is clear this goes much deeper, to the very foundation of South Wales Police.”
Mr Jasper also reinforced the need for action and greater pressure to be put on the cops: “It is vitally important that this investigation sets new standards of openness and transparency… Now is the time to increase our demands. Suspend the Officer. Release the bodycam footage.” A CrowdJustice page has been launched to help the family’s fight for justice.
IOPC Director for Wales Catrin Evans said they were continuing to analyse the footage and “piece together other evidence…we are looking at all the interaction police had with Mr Hassan over the weekend of his death.”
“We have advised Mr Hassan’s family and South Wales Police that we have done so for one officer over possibly not passing information about Mr Hassan’s welfare to the custody sergeant on duty. We keep misconduct notices under review during the course of an investigation.”
“At the conclusion of an investigation the IOPC decides whether any officer under notice has a disciplinary case to answer.”
South Wales Police directed voice.wales to the IOPC statement upon request for comment.
