Four children of a south west Wales market trader who died after being restrained by police, have won �225,000 in damages at the High Court in London.

The high Court in London decided today on a final settlement in relation to the incidents and arrest of Richard O'Brien and members of his family, Richard died in Police Custody on the same evening. The High Court awarded the family of Richard O'Brien the sum of 225,000 Pounds in relation to the events, which took place that evening. The hearing today in the High Court is the result of a long struggle by the O'Brien family and there friends along with the legal team to gain Justice.

The case fought by the O'Brien family has never been about compensation, it has been about Justice, and the fact that an Inquest can find the death of Richard O'Brien as that of Unlawful killing by Police Officers, this clearly shows that the Metropolitan Police were responsible for Richards's death. Yet when the case finally went to the Courts and three Officers who were prosecuted with manslaughter charges appeared, there were no convictions.

The O'Brien family has never even had an apology from the Metropolitan Police for the death of Richard O'Brien and clearly the Commissioner of the metropolitan Police fought a very hard and bitter battle against the O'Brien family in their fight for Justice.

Since the death of Richard O'Brien there have been more deaths in custody and they have learned nothing, and the inquest into the death of Roger Sylvester, which will be heard, soon is testimony to that fact.

The review by the Attorney Generals Office into deaths in custody needs to look at not just the deaths in isolation but his remit should be much broader, looking at the whole Criminal Justice System from the Police Station to the Courts.

The case of Richard O'Brien has come this far only by the strength of his family and there ability to fight for Justice, no amount of compensation can cover the death of a father of seven young children and the loss of Allison O'Brien's Partner, along with the years of emotional trauma and pain.

Richard Ilett, 34, Gary Lockwood, 33, and James Barber, 29, were cleared at the Old Bailey of killing 23-stone Irishman Richard O'Brien while he was under arrest in 1994.

There is a need for an Independent Public Enquiry into these deaths if we are to get near the truth. If officers were convicted of these deaths then we would see a marked change in the numbers of death, up until today they are able to walk away with no convictions. Is there one law for them and another for the rest of us? This has to change. The Irish Community would like to thank the O'Brien family in the tremendous fight for Justice, which they have carried for the last eight years.

Back ground:

Tuesday, June 22, 1999 Published at 15:56 GMT 16:56 UK

Richard O'Brien: Pleas that he could not breathe "ignored"

Three Metropolitan Police officers have gone on trial at the Old Bailey accused of the manslaughter of a market trader.

Police constables Richard Ilett, Gary Lockwood and James Barber deny killing Richard O'Brien in 1994.

Mr O'Brien died before arriving at Walworth police stationMr O'Brien, who was 37 and weighed 19 stone, had been arrested for being drunk and disorderly and taken to Walworth police station in south London

He lost consciousness while at the police station, and was dead on arrival at King's College Hospital.

The prosecution alleges that Mr O'Brien died because the three officers held him face down on the ground, with his hands cuffed behind his back, and did not believe him when he said he could not breath.

"Mr O'Brien died because he could not breathe as the result of them holding him face down on the ground for a prolonged period of time," said Mr Nigel Sweeney, prosecuting.

"They ignored warnings from him and others that he could not breathe."

He added: "Their breach of duty was gross negligence."

The jury at the Old Bailey was told that Mr O'Brien, of East Dulwich, south London, went to a christening with his long-term partner Alison and their two sons Richard, then 14, and James, then 15, on Easter Sunday 3 April, 1994.

They then went to a dance at the English Martyrs Club in Waddington Street, Walworth.

But police were called at about midnight after reports of a disturbance.

Mr Sweeney told the court that Mr O'Brien and his family had taken no part in the disturbance, and left the hall to wait for a lift outside.

At 12.15am on Easter Monday, April 4, 1994, Constable llett arrested Mr O'Brien.

He said he and the two other accused officers had used "extensive, unreasonable and therefore unlawful force, holding him down for a prolonged period".

Mr O'Brien, he said, was held face-down on the ground, with his hands held behind his back by two handcuffs for at least five minutes, then carried to a van by six officers.

He had 31 separate injuries - 12 of them were to his face and head - which would have been bleeding profusely.

When the van arrived at Walworth police station, officers tried to revive Mr O'Brien, but he appeared to be already dead.

"Holding a fat man in that position and in that way meant that because of his size, his stomach was pressed against his diaphragm, thus restricting his ability to breathe," said Mr Sweeney.

In statements, the officers had outlined their defence.

Pc Ilett said he had restrained Mr O'Brien with one knee in his back, and at some stage holding the arrested man's head so that he did not injure himself.

Lockwood said he restrained the man's middle and legs. Barber held Mr O'Brien's folded legs against his thighs.

The trial was adjourned in the afternoon and the jury taken to Walworth to view the main locations involved in the case.

The whole trial is expected to last up to six weeks.

Terry Stewart

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