Jimmy Mubenga: G4S guards face plane death charges

Jimmy Mubenga Jimmy Mubenga had lived in Ilford after arriving in the UK in 1994

Three G4S custody officers will face manslaughter charges over the death of Jimmy Mubenga who died on a plane as he was deported from the UK.

The Crown Prosecution Service (CPS) confirmed Colin Kaler, Terrence Hughes and Stuart Tribelnig would be charged.

Previously, an inquest jury found Mr Mubenga was unlawfully killed by G4S guards who were restraining him.

The 46-year-old died after falling ill as a flight prepared to leave Heathrow Airport for Angola in October 2010.

He died of cardio-respiratory collapse, the inquest found.

Analysis

When the CPS decided in 2012 not to bring charges over Jimmy Mubenga's death, campaigners said the decision was "shameful" and represented a "failure of the state to prosecute". That's now changed.

The CPS doesn't elaborate on the reasons for the about-turn, other than to say that "all new evidence" arising from the inquest, which returned an "unlawful killing" verdict, has been taken into account.

The CPS also considered prosecuting G4S itself.

It would have required proof that a "controlling mind" in the company was personally guilty of manslaughter by gross negligence, or that the company's activities were a cause of death amounting to a gross breach of its duty of care to Mr Mubenga.

Prosecutors decided there was "insufficient evidence" to charge G4S with either offence.

Family meeting offer

In a statement, the CPS said it had "reviewed the evidence" relating to the death and believed there was "a realistic prospect of conviction".

It said: "We had previously decided in July 2012 that no charges should be brought in relation to Mr Mubenga's death.

"In accordance with the code for Crown Prosecutors, the decision now is that there is sufficient evidence and it is in the public interest for Colin Kaler, Terrence Hughes and Stuart Tribelnig to be prosecuted for manslaughter."

Mr Kaler, 51, from Bedfordshire, Mr Hughes, 53, from Hampshire and Mr Tribelnig, 38, from Surrey were employed by G4S Care and Justice Services UK Limited as detainee custody staff.

They will appear at Westminster Magistrates' Court on 7 April.

The CPS also considered whether G4S should be prosecuted for corporate manslaughter but concluded that there was "insufficient evidence to prosecute".

It added: "We will be writing to the family of Mr Mubenga to explain our decision making, to offer a meeting should they so wish and again offer our condolences."

In a statement G4S said the three men charged no longer worked for the company and it no longer had a contract escorting detainees from the UK.

It said: "The death of anyone in our care is deeply felt by all of us and the death of Mr Mubenga was a tragic event.

Jimmy Mubenga and his wife, Adrienne Makenda Kambana Jimmy Mubenga served two years in prison while living in the UK

"The welfare of those in our care is always our top priority and we took great care to ensure that our employees on this contract... were made aware of their responsibilities in this respect.

"These employees were also trained, screened and vetted to the standards defined by strict Home Office guidelines."

It added: "We believe that at all times we acted appropriately and in full compliance with the terms of our contract."

Mr Mubenga and his wife, Adrienne Makenda Kambana, lived in Ilford, east London, after arriving in the UK in 1994.

In 2006, he became involved in a dispute on an evening out that led him to being convicted of actual bodily harm and he served two years in prison.

He was in the process of applying for permanent UK residency when the decision to deport him was taken.

More on This Story

The BBC is not responsible for the content of external Internet sites

BBC London

Weather

London

15 °C 7 °C

BBC Local Live

  1.  
    Cumberbatch in wax 11:12:

    Madame Tussauds has unveiled the latest celebrity to join its collection - screen star Benedict Cumberbatch.

    Waxwork of Benedict Cumberbatch
     
  2.  
    News on the hour 11:00: BBC London 94.9 Radio

    The headlines this hour include:

    • More than a hundred flights at Heathrow have been cancelled today due to a combination of bad weather and a strike by pilots working for the German airline Lufthansa.
     
  3.  
    Warehouse blaze 10:54:

    Firefighters worked through the night to tackle a large blaze at three warehouses, This Is Local London reports.

    Firefighters tackle the blaze

    The fire, at Eley Industrial Estate, off Meridian Way near the Chingford border with Edmonton, was attended by more than 55 firefighters from Chingford, Walthamstow, Edmonton, Finchley, Whitechapel and Enfield.

     
  4.  
    Heathrow passengers revolt 10:45: London Evening Standard Newspaper

    Armed police surrounded a group of angry passengers at Heathrow Airport after they staged a revolt after a flight to New York was delayed by 10 hours, the London Evening Standard reports.

    A mechanical fault on a British Airways plane left passengers stuck at a boarding gate in Terminal 5.

     
  5.  
    Podolski dismisses speculation 10:35: BBC Sport

    Arsenal forward Lukas Podolski has taken to Twitter to dismiss transfer speculation linking him with a £10m move to Tottenham Hotspur.

    Lukas Podolski

    The German World Cup winner tweeted: "Hell will freeze over before this transfer would happen."

     
  6.  
    Heathrow disruption 10:25: via Facebook

    Sean Barlow writes: If there's one problem we have in this country, it's coping with weather. Snow....everything stops. A gust of wind...everything stops. A bit of rain...everything stops. Is it therefore any wonder why the economy is still on the rocks? I think not!

     
  7.  
    Listen again 10:16: BBC iPlayer Radio

    Negative stereotypes and poor relations with police in London's Somali community are affecting integration, a report from the Open Society Foundation has found.

    Listen again to The Breakfast Show with Penny Smith and Paul Ross.

     
  8.  
    How to race the Tube 10:00:

    The craze for racing trains and uploading the results on YouTube - kickstarted in London a couple of months ago - has now gone global.

    Running man

    The practice has become known as #racethetube after a video made in London was watched more than 5m times on YouTube.

     
  9.  
    Road closures 09:50:

    The state visit by President Tan of Singapore means road closures are being implemented on Constitution Hill, The Mall, Marlborough Road, Great George Street and Birdcage Walk, with the temporary closure of Buckingham Palace Gate.

     
  10.  
    Taarabt hits back 09:40: BBC Sport

    Adel Taarabt has hit back at Queens Park Rangers manager Harry Redknapp who claimed the midfielder is three stone overweight and unfit to play.

    Adel Taarabt

    "It's not true to say I'm not fit. He tried to give an excuse," Taarabt told the Daily Mail.

     
  11.  
    Man walks again 09:30:

    A paralysed man is now able to walk again after a groundbreaking therapy that involved transplanting cells from his nasal cavity into his spinal cord.

    Darek Fidyka walking in the spinal rehabilitation centre in Wroclaw

    The treatment, a world first, was carried out by surgeons in Poland in collaboration with scientists in London.

     
  12.  
    Baker Street sax soloist dead 09:24:

    The musician Raphael Ravenscroft behind one of the most recognisable saxophone solos - on Gerry Rafferty's hit Baker Street - has died aged 60.

    Raphael Ravenscroft
     
  13.  
    Gatwick airport: No disruption 09:10:

    Gatwick airport tweets: "We don't anticipate any disruption due to weather. Please check the status of your flight on our website or with your airline"

     
  14.  
    News on the hour 09:00: BBC London 94.9 Radio

    The headlines from Matt Schofield on BBC London 94.9 this hour include:

    • A man left paralysed from the chest down after he was stabbed 4 years ago can now walk again thanks in part to scientists in London.
    • The 20 biggest airlines at Heathrow have been asked to cancel up to 10% of their flights today, to avoid disruption caused by the remnants of Hurricane Gonzalo.
     
  15.  
    Travel disruption 08:55:

    For live updates on the weather caused by the tail-end of Hurricane Gonzola check the BBC News live page.

     
  16.  
    Watch: Paralysed man walks 08:45:

    Scientists in London help develop a therapy that allows a man - paralysed from the waist down - to walk again

    Paralysed man walks
     
  17.  
    Coming up 08:34: BBC London 94.9 Radio

    With Vanessa from 09:00, BBC presenter Mike Read has apologised after using a mock Caribbean accent to record a song in support of UKIP.

    UKIP Calypso sings the praises of the party's leader Nigel Farage, but critics say it is racist.

    What do you think? Call 020 7224 2000.

     
  18.  
    Latest headlines
     
  19.  
    Flights axed in weather warning 08:24:

    Heathrow Airport is cancelling about 10% of flights today, as strong winds are expected when the remnants of Hurricane Gonzalo hit the UK.

    The remains of the hurricane are predicted to bring heavy rain and gales in some areas, causing disruption to rush-hour travel.

     
  20.  
    Traffic Incident 08:14: Louise Pepper Journalist, BBC London

    On the roads Camomile Street and Leadenhall Street have been closed, because of an incident.

    For the latest travel news go to our travel page or on Twitter @BBCLondonTravel.

     
  21.  
    Train Delays 08:10: Louise Pepper Journalist, BBC London

    On the trains, Southwest Trains, East Anglian and the Stansted Express are experiencing delays, because of poor weather conditions.

    For the latest travel news go to our travel page or on Twitter @BBCLondonTravel.

     
  22.  
    A gusty day 08:05:

    Cloud and outbreaks of rain will quickly clear away south-eastwards, with scattered showers following, some of which may be heavy.

    It will feel noticeably colder, with gales possible on higher ground. Maximum temperatures: 12C (54F).

     
  23.  
    Good morning 08:00: Duncan Smith, BBC News Online

    I'll be bringing you the latest news, sport, travel and weather from across London today for BBC Local Live.

    You can also send your news, pictures and comments to london.locallive@bbc.co.uk or tweet @BBCLondonNews.

     

Features

BBC © 2014 The BBC is not responsible for the content of external sites. Read more.

This page is best viewed in an up-to-date web browser with style sheets (CSS) enabled. While you will be able to view the content of this page in your current browser, you will not be able to get the full visual experience. Please consider upgrading your browser software or enabling style sheets (CSS) if you are able to do so.