Key Points:
- Andrzej Kusper, 38, died after choking on a package of drugs in police custody
- He was arrested in Leyton on 4 September 2021 on suspicion of possessing Class A drugs
- An officer failed to detect drugs concealed in Kusper’s mouth during transport
- Inquest jury ruled incomplete police searches likely contributed to his death
- The IOPC recommended misconduct proceedings for the officer involved
- Misconduct was not proven, but reflective training was recommended
- Kusper’s family expressed heartbreak and called for lessons to be learned
Andrzej Kusper, 38, died in police custody after choking on a package of drugs that he had concealed in his mouth. This tragic incident occurred after he was arrested on suspicion of drug possession by Metropolitan Police officers in Leyton, Waltham Forest, on 4 September 2021.
What happened during the arrest in Leyton?
Kusper was stopped by two plain clothes officers on Leasowes Road in Leyton shortly after 5.30pm. After a small package containing a white substance was found on him, he was arrested on suspicion of possessing Class A drugs.
According to evidence presented at the inquest, while being placed in the police van, Mr Kusper was seen putting his hand in his pocket. Officers then carried out a search in the vehicle, but missed the moment when he placed an item in his mouth. CCTV later revealed a bulge appearing in his cheek during the journey, which the officers failed to notice.
What occurred at the custody centre?
On arrival at the custody suite, officers became aware that Mr Kusper had something in his mouth. When asked to spit it out, he failed to do so. Officers then restrained him and took him to the floor, during which time he became unresponsive.
CPR was administered and the London Ambulance Service was called. However, despite emergency intervention, Mr Kusper was pronounced dead shortly after.
What did the inquest jury conclude?
On 18 January at East London Coroners’ Court, a jury determined that Mr Kusper died due to a “foreign body airway obstruction,” and that both his own actions and failures by officers contributed to the outcome.
The jury said the search conducted by the officer was “incomplete and unsatisfactory.” They also noted Mr Kusper had failed to disclose the item, had concealed it in his mouth, and did not cooperate when asked to spit it out.
What was the outcome of the IOPC investigation?
The Independent Office for Police Conduct (IOPC) found the officer who searched Mr Kusper had not adequately completed the search or monitored him during transport. The IOPC recommended a misconduct hearing, which took place in November 2022.
Misconduct was not upheld. Instead, the officer was referred to reflective practice – a process involving further training and review.
IOPC Regional Director Charmaine Arbouin said:
“Our thoughts are with Andrzej Kusper’s family, loved ones, and everyone affected by his death. This incident shows the importance of carrying out thorough searches of detainees being taken to custody and actively monitoring those being transported.”
How has the Metropolitan Police responded?
Commander Paul Trevers confirmed the Met would be writing to Kusper’s family to offer condolences, adding:
“We will carefully consider the jury’s findings and recommendations to determine what further steps may be necessary.”
What has the family said about the loss?
Monica Kusper, Andrzej’s sister, described her brother as “genuine, kind-hearted and generous.” She shared that his death had deeply traumatised their family and devastated their mother.
“Andrzej and I were very close. He meant the world to me. He leaves behind his young daughter who he loved and cherished,” she said.
“He had his troubles, but he was trying to create a better life for himself. All we can hope now is that by speaking out, improvements are made so other families don’t have to face the pain we now have to endure.”
What happens next?
The Coroner has formally recorded the inquest findings. While no misconduct was proven, the case has raised questions about custody procedures and search protocols in the Metropolitan Police.
The IOPC continues to call for better officer training in custodial safety, and Kusper’s family has urged the force to implement changes to prevent further tragedies.
