Jimmy Mubenga with his wife Adrienne Makenda Kambana |
Three G4S
men have been cleared of killing a deportee who died of heart failure after he
was allegedly restrained on a plane to take him away from Britain .
Terrence
Hughes, 53, Colin Kaler, 52 and Stuart Tribelnig, 39, were accused of forcing
Jimmy Mubenga’s head down, restricting his breathing for 36 minutes as the
flight prepared to take off at Heathrow.
By the time
the cabin crew raised the alarm on October 12, 2010, Mr Mubenga, a father of
five, had collapsed and gone into cardiac arrest. He died later in hospital.
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Shocked
passengers said they heard Mr Mubenga cry out 'I can’t breathe' as he was
pinned down in his seat. He was already handcuffed from behind with his
seatbelt on. But the guards denied restraining the 46-year-old, and
insisted they never heard him shout that he was struggling to breathe.
The jury,
which retired yesterday, found the three men not guilty of Mr Mubenga’s
manslaughter following a six-week trial at the Old Bailey.
They were
not told about racist texts found on the phones of both Hughes and Tribelnig
after the judge ruled that the content of the messages was inadmissible.
Jurors were
also not told that an inquest jury had already returned a verdict of unlawful
killing.
Mr
Mubenga’s widow Adrienne Makenda Kambana sat in Court 16 throughout most of the
evidence. At times during the trial she was overcome with emotion but today she
did not react as the jury returned its verdicts.
All three
defendants were tearful as they left the dock.
In an
unprecedented move, a section of the Boeing 777 with three rows of three seats
was specially constructed inside the courtroom to demonstrate how Mr Mubenga
allegedly died. Jurors were even invited to wear the rigid double lock
handcuffs the guards used to experience for themselves how he would have felt.
Outlining
the case, prosecutor Mark Dennis QC said that before boarding the plane, Mr
Mubenga had been 'fit and healthy' and co-operative but had become upset after
talking on his mobile in the toilet cubicle.
The guards
were alleged to have responded by handcuffing him behind his back, forcing him
into a seat and pinning him down leaning forwards in a position which affected
his ability to breathe.
Ms Kambana,
Mr Mubenga's widow, said: 'For the last four years I have fought for justice
for Jimmy and our five children. I am shocked and disappointed by the jury's
findings.
Mr Mubenga's widow outside the Old Bailey |
'It is hard
for me to understand how the jury reached this decision with all the
overwhelming evidence that Jimmy said over and over that he could not breathe.
'I wish to
thank those who worked so hard for justice for me and our children. My struggle
continues. She added: 'Look what the jury has done to us. The story was so
clear. It was so simple for them to be found guilty.
'I am so disappointed.
I am not going to leave it like this. Jimmy was a good man, a good father and a
good husband. I will fight, fight for justice for him.
'Jimmy died
because he could not get help on that plane. It was a big shame. They were
watching Jimmy die.'
Source: Daily Mail
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