Deported Angolan Jimmy Mubenga 'unlawfully killed' on flight, jury rules as CPS reconsiders charges for G4S guards

 

An Angolan man who died after being restrained by three guards from the security firm G4S as he was being deported from Britain was unlawfully killed, a jury ruled, prompting the Crown Prosecution Service to reconsider its decision not to bring criminal charges.

Jimmy Mubenga, 46, died on board a British Airways flight bound for Angola in October 2010. At the end of an eight-week inquest, the jury recorded a majority verdict of nine to one of unlawful killing after four days of deliberations.

The decision prompted an emotional response from Mr Mubenga’s wife, Adrienne Makenda Kambana, who had been living with her late husband in Ilford, east London, after arriving in the UK from Angola in 1994. Outside the court she said that Mr Mubenga had been treated “worse than an animal” on the flight. She called for deportations to be better monitored.

She added: “Someone walked onto a plane feeling fine and came out of the plane dead. How can my family live with this pain?”

During the inquest, the jury heard that Mr Mubenga had been calling out for help as the three guards – Stuart Tribelnig, Terry Hughes and Colin Kaler – restrained him for nearly half an hour. Several passengers said they heard him shouting that he could not breathe and that he was crying out: “They’re going to kill me.”

In evidence, the guards claimed they had not heard Mr Mubenga remarking he was unable to breathe and insisted he had been resting his head on the seat in front and intermittently forcing it down towards his knees as he was being restrained.

But counsel for Mr Mubenga’s family, Henry Blaxland QC, suggested that the guards had been trying to “teach Mubenga a lesson”. He said the trio had been pushing his head down in an attempt to keep him quiet and fabricated the story that he was doing it himself.

The inquest heard the three guards were subsequently arrested “on suspicion of criminal offences” relating to Mr Mubenga’s death, but last year – 21 months after his death – the CPS decided not to press charges and no further action was taken.

G4S maintained that its staff were “trained... and vetted to the standards defined by strict Home Office guidelines”. A spokeswoman added: “The death of anyone in our care is deeply felt by all of us and the death of Mr Mubenga was a very tragic event.

“The welfare of those in our care is always our top priority and we take great care to ensure that our employees on this contract, which has been carried out by another provider since November 2011, were made aware of their responsibilities in this respect.”

Scotland Yard said a thorough and complex 21-month investigation was carried out by its Homicide and Serious Crime Command into Mr Mubenga’s death. During the inquiry, more than 300 witness statements were taken from passengers, cabin crew, ground staff and first responders from the emergency services.

A Home Office spokesman said: “Our thoughts and sympathies are with Mr Mubenga’s family. We are very clear that we expect the highest standards of integrity and behaviour from all of our contractors.”

Start your day with The Independent, sign up for daily news emails
Latest stories from i100
Have you tried new the Independent Digital Edition apps?

Day In a Page

As in 1942, Germany must show restraint over Greece

As in 1942, Germany must show restraint over Greece

Mussolini tried to warn his ally of the danger of bringing the country to its knees. So should we, says Patrick Cockburn
Britain's widening poverty gap should be causing outrage at the start of the election campaign

The short stroll that should be our walk of shame

Courting the global elite has failed to benefit Britain, as the vast disparity in wealth on display in the capital shows
Homeless Veterans appeal: The rise of the working poor: when having a job cannot prevent poverty

Homeless Veterans appeal

The rise of the working poor: when having a job cannot prevent poverty
Prince Charles the saviour of the nation? A new book highlights concerns about how political he will be when he eventually becomes king

Prince Charles the saviour of the nation?

A new book highlights concerns about how political he will be when he eventually becomes king
How books can defeat Isis: Patrick Cockburn was able to update his agenda-setting 'The Rise of Islamic State' while under attack in Baghdad

How books can defeat Isis

Patrick Cockburn was able to update his agenda-setting 'The Rise of Islamic State' while under attack in Baghdad
Judith Hackitt: The myths of elf 'n' safety

Judith Hackitt: The myths of elf 'n' safety

She may be in charge of minimising our risks of injury, but the chair of the Health and Safety Executive still wants children to be able to hurt themselves
The open loathing between Barack Obama and Benjamin Netanyahu just got worse

The open loathing between Obama and Netanyahu just got worse

The Israeli PM's relationship with the Obama has always been chilly, but going over the President's head on Iran will do him no favours, says Rupert Cornwell
French chefs get 'le huff' as nation slips down global cuisine rankings

French chefs get 'le huff' as nation slips down global cuisine rankings

Fury at British best restaurants survey sees French magazine produce a rival list
Star choreographer Matthew Bourne gives young carers a chance to perform at Sadler's Wells

Young carers to make dance debut

What happened when superstar choreographer Matthew Bourne encouraged 27 teenage carers to think about themselves for once?
Design Council's 70th anniversary: Four of the most intriguing prototypes from Ones to Watch

Design Council's 70th anniversary

Four of the most intriguing prototypes from Ones to Watch
Dame Harriet Walter: The actress on learning what it is to age, plastic surgery, and her unease at being honoured by the establishment

Dame Harriet Walter interview

The actress on learning what it is to age, plastic surgery, and her unease at being honoured by the establishment
Art should not be a slave to the ideas driving it

Art should not be a slave to the ideas driving it

Critics of Tom Stoppard's new play seem to agree that cerebral can never trump character, says DJ Taylor
Bill Granger recipes: Our chef's winter salads will make you feel energised through February

Bill Granger's winter salads

Salads aren't just a bit on the side, says our chef - their crunch, colour and natural goodness are perfect for a midwinter pick-me-up
England vs Wales: Cool head George Ford ready to put out dragon fire

George Ford: Cool head ready to put out dragon fire

No 10’s calmness under pressure will be key for England in Cardiff
Michael Calvin: Time for Old Firm to put aside bigotry and forge new links

Michael Calvin's Last Word

Time for Old Firm to put aside bigotry and forge new links