The devastated family of a man who choked to death on a package of drugs in Met Police custody are calling for "improvements" to policing.
Father-of-one Andrzej Kusper, 38, died at an east London custody suite after being tackled to the floor by police, having refusing to spit out the item hidden in his mouth.
An inquest last week found failings in two searches of Mr Kusper - carried out before and after his arrest - probably caused or contributed to his death.
Officers failed to find the drugs he was concealing, meaning he was able to secrete the package in his mouth.
It was only as he was being booked into custody that officers noticed the item, and tackled him to the ground.
Mr Kusper choked on the package, and died at the scene. His inquest concluded he died as a result of "foreign body airway obstruction".
Mr Kusper's sister, Monica Kusper, on Monday her said brother "meant the world" to her, as she described him as "a genuine and kind-hearted man, who was very funny and generous".
“We, his family, have been deeply traumatised by his death," she said in a statement. "It has left a giant hole in my mum’s heart that she will not be able to fill. Andrzej leaves behind his young daughter who he loved and cherished.
“It’s disappointing that the officers didn’t do more to keep Andrzej safe once he was in their care," she added.
"We will always wonder whether they considered how he might have been feeling, and why they didn’t try harder to have a heart-to-heart with him once they realised that he was hiding something.
“It has been devastating to hear from the evidence that they jumped to using force without taking more time to consider the situation.
“Andrzej had his troubles, but he was trying to create a better life for himself.
"All we can hope now is that by speaking out improvements are made so other families don’t have to face the pain we now have to endure."
The family's solicitor, Ruth Mellor of Irwin Mitchell solicitors, also said it is "vital that lessons are learned" by police.
“Sadly, the hearing and the IOPC [Independent Office for Police Conduct] investigation have identified worrying issues in how the police responded to the circumstances in the lead-up to Andrzej’s death," said Ms Mellor.
“These situations are extremely high risk and must be managed carefully. Being detained carries a particular vulnerability and the protection of life must be paramount.
"Police officers have a duty to ensure the welfare and monitoring of those in their care which was not adhered to here. It’s vital that lessons are learned."
Mr Kusper was stopped around 5.40pm on September 4, 2021, by two Met officers carrying out proactive patrols in plain clothes on Leasowes Road, Leyton.
One of the officers searched him on suspicion of drug possession, handcuffing him to the front.
The officer found a small package containing a white substance, and arrested him on suspicion of possessing a class A drug.
"When putting Mr Kusper into the back of a police van an officer noticed Mr Kusper putting his hand in his pocket," said police watchdog the IOPC, following its investigation into the incident.
"The officer then searched Mr Kusper inside the police van but didn’t find anything.
"The officer did not notice Mr Kusper putting his hand to his mouth during this search. After the van doors were closed, the van CCTV footage showed that a bulge appeared in Mr Kusper’s cheek.
"The officer didn’t see this during the journey to Leyton Custody Centre.
"After arriving at the custody centre, officers noticed that Mr Kusper had something in his mouth and asked him to open it. When the officers saw something, they instructed him to spit it out.
"Officers took Mr Kusper down to the floor where he became unresponsive."
An ambulance was called while officers carried out CPR, but Mr Kusper was pronounced dead at the custody suite shortly after 8pm.
Irwin Mitchell, the law firm representing Mr Kusper's family, said the package of drugs Mr Kusper swallowed measured 9cm by 2cm.
The firm said CCTV footage shown to the inquest showed Mr Kusper "transferring the package from his jacket into his mouth unobserved" while in the police van.
They questioned the decision to restrain Mr Kusper so quickly at the custody suite after officers realised he had an item in his mouth, despite "serious concerns over risk to life, either of choking on or swallowing the item".
"Shortly after challenging Andrzej as to what was in his mouth, officers restrained him and took him to the floor," Irwin Mitchell said.
"It was at this stage, the pathologist considered in her evidence [at inquest], that Andrzej accidentally inhaled the package, resulting in his choking.
"The court saw CCTV footage of him in apparent distress whilst being restrained, before later becoming unresponsive."
The inquest jury concluded both searches of Mr Kusper had been “incomplete and unsatisfactory.”
They also found the police monitoring of Mr Kusper on his way to the custody suite in the police van probably caused or contributed to his death, and said there was a “missed opportunity” to see the package in Mr Kusper’s mouth.
The jury also concluded there were failings in the actions of officers in the custody suite, namely a lack of leadership and poor communication, and that this possibly caused or contributed to Mr Kusper's death, said the IOPC.
They also found Mr Kusper’s own actions contributed to his death.
The IOPC's investigation into the police handling of the incident concluded in November 2022.
It concluded the officer who searched Mr Kusper in the custody van should face a misconduct meeting for "their failure to adequately search Mr Kusper following his arrest and for failing to properly monitor him during his transport to custody".
But the IOPC said a Met misconduct decided there would not be a disciplinary outcome for the officer, who would instead go through a 'reflective practice review process' to consider opportunities for learning.
The IOPC also found two officers in the MPS’ Directorate of Professional Standards should go through the same process, for their mishandling of exhibits.
"One officer stored a water bottle in the same bag as Mr Kusper’s phones, which leaked and damaged the phones," said the IOPC. "The other officer incorrectly stored biological samples following the post-mortem examination which affected the ability to analyse them."
Following the inquest conclusion, Met Police Commander Paul Trevers said: “I was hugely saddened to hear of Mr Kusper’s death. It is a tragedy and I cannot imagine the impact his loss has had on his friends and family. I hope the inquest has provided them with some answers.
“Now that the inquest has concluded, we will be writing to them to express our sincere condolences.
“As the coroner heard, we routinely train officers in how to keep people safe when they are arrested, in line with national guidance. However, we will carefully study the jury’s findings in relation to the search, and any recommendations from the coroner to consider what else we need to do.”
A Met spokesperson added: "The IOPC did not find any organisational learning about how the Met searches or transports prisoners, but they did identify some organisational learning around exhibits and training, and we have improved our practice in both of these areas as a result of these recommendations.
"We know it is important to get searches and transport right and, while we have made improvements, we know we can do better and will continue to work on this area for the safety of everyone."
