Vulnerable Darwen woman found unresponsive in police cell that didn’t have CCTV

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A misconduct hearing has began into a retired Lancashire Constabulary sergeant who allegedly breached his duties and responsibilities in looking after a vulnerable, detained women who was found unresponsive inside a cell and later pronounced dead.

Former Sergeant Jason Marsden was a custody desk sergeant at Greenbank police station in Blackburn when Kelly Hartigan-Burns, 35, of Darwen, was brought in under arrest and put in a cell late at night of December 3, 2016.

After an assessment, crying, questions, a brief argument and struggle with officers at the custody suite desk, Ms Hartigan-Burns was put in a cell for low-risk detainees, a video recording showed.

READ MORE: Lancashire police officer’s misconduct hearing after death of woman found unresponsive in Blackburn cell

However the low-risk cell had no CCTV surveillance camera inside nor could it be seen directly from the custody desk. Ms Hartigan-Burns, who was born in Bolton, went into the cell wearing her own clothes which included a dressing gown and pyjamas, rather than being given a special low-risk suit to wear.

The video footage was filmed from one camera above the custody desk looking down on the desk and towards a corridor of cells. Ms Hartigan-Burns was taken inside a cell, out of the camera’s view, and further arguments and shouting could then be heard from the cell.

Charles Apthorp, presenting the misconduct case against Mr Marsden, said Ms Hartigan-Burns had a history of trying to take her own life and was on medication for mental health issues.

He said the duty sergeant that night, Mr Marsden, breached professional duties and standards including protecting a detainee and showing courtesy and respect to her. His alleged poor behaviour was aggravated because he was an experienced police officer at the time and well-placed to assess the potential risks.



Kelly Hartigan-Burns with her mum June Hartigan

Mr Apthorp explained how police misconduct hearings are ‘entirely different’ to criminal court proceedings. Witnesses will not take oaths and the misconduct allegations are not criminal charges.

He said: “The purpose is to protect the public and to maintain the high standards, good reputation, professionalism and public confidence in the police. Public confidence is a matter of great importance. If citizens feel unfair behaviour is left unchecked then confidence will be eroded.”

Her personal history of psychiatric medication, drug and alcohol issues was shown on a log which the custody sergeant has access to, Mr Apthorp said. The log details should have been a warning to the custody sergeant that the detainee needed a higher-risk cell with better observation, he alleged.

You don’t have to suffer in silence if you’re struggling with your mental health.

Here are some groups you can contact:

Samaritans: Phone 116 123, 24 hours a day, or email jo@samaritans.org, in confidence.

Childline: Phone 0800 1111. Calls are free and won’t show up on your bill.

PAPYRUS: A voluntary organisation supporting suicidal teens and young adults. Phone 0800 068 4141.

Depression Alliance: A charity for people with depression. No helpline, but it offers useful resources and links to other information.

Students Against Depression: A website for students who are depressed, have low mood, or are suicidal. Click here to visit.

Bullying UK: A website for both children and adults affected by bullying. Click here.

Campaign Against Living Miserably (CALM): For young men who are feeling unhappy. There is a helpline: 0800 58 58 58 or visit the website.

Mr Marsden, whose address and age was not given, denies breaching the professional police code of conduct and the allegation of gross misconduct.

He does not intend to be at the misconduct hearing but has a legal representative on his behalf, Sarah Barlow.

The Police Federation also has a representative.

Witnesses are expected to speak throughout this week, followed by lawyers statements and the cross examination of witnesses. The whole hearing is expected to last around two weeks.

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