Police have been criticised by a sheriff after a young man celebrating his 21 st birthday was able to swallow cocaine while in custody, dying 10 days later.
James MacGregor, from Hamilton in South Lanarkshire, had been bingeing on drink and drugs during an all-night party with friends. He told one friend he had bought a seven gramme bag of cocaine for £450. But an altercation with his mum as the celebrations went on led to him being arrested and taken to Motherwell Police Station on August 16, 2019.
There, while being supervised by officers in the holding area, Sheriff Linda Nicolson said James probably retrieved a package of cocaine from his sock and placed it in his mouth. One of the police officers supervising him was seen scrolling through his mobile phone and another was staring at the floor.
Sheriff Nicolson has now made a number of recommendations over the way prisoners are searched and monitored following drug-related arrests. Despite being searched and handcuffed, unemployed James McGregor began retching at the charge bar and looked as if he was about to be sick and was rushed to hospital. He died 10 days later.
The cause of Mr MacGregor’s death was given as ‘multiple organ failure and cardiac arrest, consistent with cocaine intoxication.’ Following a Fatal Accident Inquiry, Sheriff Nicolson recommended an overhaul of the Police Standard Operating Procedure should be carried out to include the requirement to search a prisoner’s mouth and ears for concealed drugs.
The training of cops should also be reviewed and officers should also undergo testing to make sure they are familiar with procedures. There should not be any use of mobile phones while monitoring prisoners but should it be necessary, back-up from a colleague should be sought.
Sheriff Nicolson, in her determination, said some of the police officers “did not act in accordance with some aspects of the Standard Operating Procedure in relation to the Care and Welfare of Persons in Custody”. There was also a ‘lack of basic knowledge of the guidance’ contained in the SOP.
She said of the two officers’ conduct while responsible for their prisoner: ”The officers and the deceased had a long wait in the holding area. It is obvious and understandable that the officers’ concentration was slipping to the point that, despite them both being present in room, neither officer noted the deceased’s hands move round at his trouser pocket area apparently manipulating around that area.
“One was looking through the glass door while the other had their head down to the floor. On another occasion they did not notice his hands at his sock area.
"On another occasion, one officer was scrolling through his phone where there was apparently no need at that time and he was not looking at the deceased. Both officers should have been aware that their concentration was slipping and it would be better if they were to take steps to counter this. I have made a recommendation in that regard.”
As the 21st celebrations went on in his house, Mr MacGregor received a visit from his partner and mother. He threw an audio speaker at his mum and later, tossed a concrete slab through his mum’s front door. This led to the police being called.
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