The Crown Prosecution Service will not prosecute any officers in relation to the death of Sean Rigg in custody in 2008.
The CPS told the Independent Police Complaints Commission it had determined there was not enough evidence to charge any of the officers involved in Rigg’s arrest, restraint and detention.
Rigg, 40, died on 21 August 2008 at Brixton police station. In 2013 an inquest jury found police actions had contributed to Rigg’s death, after he was held down in a V shape in a prone position for eight minutes, despite it taking 30 seconds to handcuff him. During the restraint he was placed face down, with his legs bent back, in a caged footwell of a police van.
A CPS spokesperson said on Thursday there was “insufficient evidence to provide a realistic prospect of conviction against the arresting officers” for offences relating to Rigg’s death.
“Of the five officers referred to us by the IPCC, one, Paul White, is facing trial for perjury relating to evidence he gave at Mr Rigg’s inquest,” the spokesperson added.
The campaign group Inquest, speaking on behalf of Rigg’s family, said the decision was “deeply disappointing”.
Rigg’s sister, Marcia, said: “After a damning review of the original IPCC investigation, and a successful challenge of the decision not to prosecute an officer for perjury, I had hoped for an opportunity to get justice.”
Daniel Machover, the solicitor for the Rigg family, said: “There are some serious concerns about the legal basis of the CPS decision today. The family will now urgently consider reviewing it under the victims’ right of review.”
The Metropolitan police welcomed the decision and said possible misconduct proceedings would be considered in due course.
The force said it was aware that both the Rigg family and the officers involved were frustrated at the length of time it had taken to establish the circumstances surrounding Rigg’s death.
“The MPS shares this frustration,” it said in a statement. “The delays have been beyond the MPS’s control and have fully cooperated at every stage of the process.
“There has been much speculation about what took place on the night that Mr Rigg died and it remains a priority that the ongoing process is thorough and based on all the available evidence to fully establish the facts.”
Rigg, a musician who had paranoid schizophrenia, had been living in a south London hostel. Police were called after he allegedly smashed a gazebo and made karate moves that staff regarded as threatening.
