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Page last updated at 13:22 GMT, Wednesday, 22 October 2008 14:22 UK

Watchdog loses coma case appeal

Garry Reynolds
Mr Reynolds was arrested during a taxi journey after a party

The police watchdog has been told it must investigate all the events which led to a Sussex man being found in a police cell in a coma.

Garry Reynolds 39, from Southwick, suffered serious brain injuries after a party at a pub in Kemp Town, Brighton.

The Independent Police Complaints Commission (IPCC) had only wanted to look at what happened after he came into contact with Sussex Police.

However, the Appeal Court said the IPCC must handle the whole investigation.

The IPCC had appealed against a High Court ruling in May ordering it to independently investigate the circumstances both before and after Mr Reynolds sustained his serious injuries, and removing Sussex Police from the inquiry.

The watchdog had insisted the investigation leading up to Mr Reynolds' contact with police was fulfilled by the force.

'Inquiry compromised'

It came after his family, who had called for Sussex Police to be removed from the inquiry, were granted a judicial review of the case.

Previously, the inquiry had been split between the IPCC and Sussex Police.

Mr Reynolds was arrested in central Brighton in the early hours of 2 March this year.

He remains seriously ill and paralysed down his left side after he was later found in a coma in his cell at Brighton Custody Centre.

In the Court of Appeal, judges upheld the judgment that the IPCC should organise an investigation into all relevant events before 0230 GMT.

Garry Reynolds in hospital with his brother, Graeme
Mr Reynolds remains seriously ill and is paralysed down his left side

Lord Justice Longmore said: "I would affirm... the judge's conclusion that the commission have a power and a duty independently to investigate the cause of Mr Reynolds' coma, even if that means they must investigate events which occurred before Mr Reynolds came into contact with the police.

"I would, however, reiterate that it is for the commission to decide how they conduct their independent investigation."

Mr Reynolds' brother Graeme said he was pleased with the ruling.

However, he added he feared the investigation into his brother's injuries "had been compromised by the split investigation".

In a statement, the IPCC said: "The court said the commission is not responsible for conducting a full criminal investigation and how it chooses to investigate any pre-police contact events will be for it to judge appropriate in the circumstances.

"The court's judgment clarifies how and when the commission should approach its role in those rare cases where a member of the public's injuries may or may not have been sustained before arrest."

The IPCC said it anticipated its report would be completed in the New Year.


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