The family of an epileptic man who died after being restrained face down in a police van have said they are "very disappointed" three officers have been cleared of gross misconduct. 

Duncan Tomlin’s partner warned officers he may be having a seizure when they arrived at her home on 26 July 2014, but they sprayed him with incapacitant, bound his hands and legs and restrained him face-down.

The 32-year-old was restrained for more than seven minutes before officers became concerned for his health, taking him out of their van and administering CPR in Haywards Heath, West Sussex. 

But he never regained consciousness and died in hospital two days later, with pathologists finding “positional asphyxia” played apart with his death alongside the methadone and cocaine found in his system.

A Police Sergeant and two police constables denied gross misconduct after being accused of “inexplicable” delays in removing restraints when they realised there was a medical emergency.

They will not be prosecuted or dismissed from their jobs after they were cleared. 

Mr Tomlin’s family said in a statement that they were “very disappointed” with a misconduct panel’s decision to clear the officers at the end of a four-day hearing, “However, it is clearly Sussex Police’s view that the officers did not follow their training, the policies and guidance in relation to their actions towards Duncan," they added. "We have never sought revenge for the officers involved, we just wanted an honest account of what happened to Duncan that night. 

 “The forthcoming inquest will clearly need to explore the actions of all of the officers involved with Duncan’s restraint, and a wider range of issues than those before this panel.”

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Source: The Independent