Police 'failed' man who died in cells

Police have been criticised for leaving a drunk man alone in a police cell for more than seven hours before he was found dead.
The Independent Police Conduct Authority found that Whakatane police failed to provide a proper "duty of care" to 43-year-old Spanish national Francisco Javier De Larratea Soler while he was at Whakatane Police Station.
The findings were released yesterday and the Acting Assistant Police Commissioner, Gary Knowles, said the death was "tragic" and "extremely upsetting" for Mr De Larratea Soler's family as well as police staff.
Mr De Larratea Soler was taken to the Whakatane Police Station to sober up after he was found lying drunk and confused on the footpath in Eivers Rd, Whakatane, on December 19, 2008.
He was put in a police cell but no one looked in on him until seven and a half hours later when he was found dead.
The authority said police were justified in taking Mr De Larratea Soler into custody for his own protection and for him to sober up after he had taken methadone, alcohol and an anti-insomnia drug.
"However, police did not comply with their own policies when assessing the risks to his health and wellbeing while in custody and the risk evaluation process itself was also flawed and inadequate," it said.
"By failing to check him for seven and a half hours, police did not comply with their own policies on mandatory checking."
The authority said police failed at a supervisory and management level to "provide fulltime oversight of the watch-house and cells at the Whakatane police station".
Omissions and failures by police officers and police management amounted to a breach of the police duty of care.
Mr De Larratea Soler's death "may have been inevitable", but for it to happen in police custody was "avoidable", the authority said.
"Police had a duty of care towards him which was not fulfilled."
The authority said it accepted police had addressed the failings which led to Mr De Larratea Soler's death and it would make no recommendations over criminal or disciplinary action against police officers.
Mr Knowles said more could have been done for Mr De Larratea Soler during his time in police custody.
"The officers were subject to a variety of different demands and unfortunately didn't recognise the risk this person presented and attended to other public demands for police service as a priority.
"A thorough internal employment process has been completed," he said.
"Consideration was given to whether the officers were criminally liable for the death of Mr De Larratea Soler and it was decided they were not.
"This decision was subject to legal review."
Mr Knowles said police had taken action to address recommendations made by the authority following its investigation into Mr De Larratea Soler's death.
"This coming month, a new chapter of the policing manual will be published.
"This material is focused on ensuring that the authorised custodial processes allow police staff to identify and act on identified risk in the management of persons in custody."
He said Bay of Plenty police processes had also been reviewed and strengthened following the death.
"Additional training has been provided to all staff, not just those usually working in the watch-house area, about the management of intoxicated people in police custody."
He said prisoners from other areas within the Bay of Plenty, including the Eastern Bay of Plenty, were now transferred to the purpose-built custodial facility in Rotorua which had contributed to significant improvement in prisoner management.