Dalian Atkinson: police watchdog awaits tests before mulling charges

The police watchdog investigating the death of the former Premier League footballer Dalian Atkinson following a clash with police is waiting on the results of tests to decide whether or not to ask prosecutors to bring criminal charges.

Campaigners claim officers used excessive force during the incident on 15 August 2016 in Telford, Shropshire, in which a Taser was fired at Atkinson, who was 48 when he died.

Investigators have been liaising regularly with prosecutors, who have asked for more work, such as scientific tests, to be carried out.

The officers are understood to deny any excessive use of force or wrongdoing, arguing their actions were proportionate to their honestly held belief about the threat posed when they responded to an emergency call after Atkinson went to his father’s house late at night and a row broke out.

Work continues on the cause of death and three officers are under criminal investigation by the Independent Office for Police Conduct (IOPC). They have been interviewed under criminal caution by investigators. The watchdog said its decision to launch a criminal investigation did not mean criminal charges would follow or that the officers did anything wrong.

The former Aston Villa footballer died after police Tasered him three times near his father’s home.

Efforts by medics, including 35 minutes of CPR, could not save him, and he was pronounced 90 dead minutes after police were called.

Some witnesses claimed Atkinson was struck by officers while he was on the ground. One claimed she saw him being kicked by police.

Key questions the investigation has to determine include whether the decision to use force was justified and then whether the level of force was proportionate to Atkinson’s behaviour and any threat he posed.

His brother Kenroy, 53, previously said Atkinson was on dialysis for kidney failure at the time of the incident and was “in a manic state and depressed”.

He said his brother had attacked their 85-year-old father, Ernest, at his home before police were called to the scene. West Mercia police said officers were called over concerns for the safety of an individual, and they then deployed the stun guns.

Some tests commissioned by investigators had to be redone because they were carried out at laboratories belonging to a company where there were concerns about the accuracy of its work.

Atkinson started his career at Ipswich Town and played for Sheffield Wednesday and Real Sociedad before moving to Villa.

At Villa, he scored more than 20 Premier League goals between 1991 and 1995 before going on to play less successfully for teams including Fenerbahçe and Manchester City.

The watchdog’s investigation has been going on so long that the organisation that started it has been abolished and replaced. It was instigated by the Independent Police Complaints Commission, which later became the IOPC.

The watchdog said it cannot say when the investigation will be completed, or when key decisions, such as whether to ask the Crown Prosecution Service to consider criminal charges, will be made.

Last year, an official report by Dame Elish Angiolini, ordered by Theresa May when she was home secretary, said the system for investigating deaths after contact with police was too slow and needed radical reforms.

Deborah Coles of Inquest, which helps bereaved families who die after contact with the state, said: “The death of Dalian Atkinson raised serious questions about the use of force on vulnerable people and rightly generated significant public disquiet.

“That two years on the family still await answers is unacceptable and is all too reminiscent of the poor practice highlighted in the Angiolini review.

“Delay undermines learning and accountability, and trust and confidence in the processes that are supposed to hold the police to account.”

An IOPC spokesperson said: “The pathologist recommended a report from a further medical expert, which has been completed and is being considered by the pathologist in finalising their own report.

“As is usual in a criminal investigation, we have had some ongoing liaison with the CPS ahead of a future decision about whether to formally refer our investigation report to them.

“During this liaison, a number of further inquiries have been suggested, which we are progressing. We are keeping Mr Atkinson’s family, West Mercia police and HM Coroner regularly updated.”

An inquest into Atkinson’s death has been opened and adjourned.