Police to be prosecuted over death

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The Independent Online

Two police officers are to be prosecuted for misconduct in public office following the death of a 52-year-old man while under police restraint.

PC Maurice Leigh and PC Neil Bowdery are to appear in court in connection with the death of Colin Holt, who died from positional asphyxia at his home in Gillingham, Kent, on 30 August 2010.

The summonses to appear at Medway magistrates' court on 8 October follow an investigation by the Independent Police Complaints Commission.

The incident occurred after staff at the Medway Maritime Hospital called police to report that Mr Holt, who had been sectioned under the Mental Health Act, was missing. Officers from Kent police went to Mr Holt's flat and found him there.

The decision to prosecute the men was made on the advice of the Crown Prosecution Service. Rene Barclay, principal Crown advocate with the CPS special crime team, said: "Both officers will face a single count of misconduct in public office."