THE family of David McGowan have spoken at their devastation, saying he should have been safe in police custody.
A civilian detention officer on duty at Lisburn custody suite the night the detainee died in his cell was yesterday handed a six-month suspended sentence.
Alexander McAllister admitted a charge of misconduct in a public which arose from the May 2014 death of Mr McGowan.
The 30-year old, from the Lisburn area, choked on his own vomit and was pronounced dead in the early hours of May 30, 2014. His "needless" death had a significant impact on his family, especially his mother and sister.
McAllister, a 62-year old former prison officer whose address was given as PSNI Barrack Street in Lisburn, was guilty of misconduct over a two-hour period. He was given a six-month prison sentence suspended for 12 months.
During sentencing at Belfast Crown Court, Judge David McFarland spoke of a series of failures on McAllister's part and said the misconduct was "reckless rather than deliberate".
One such failure was not telling the station doctor about a claim made by Mr McGowan that he had taken up to 40 tablets. Another failure, the court heard, was McAllister disobeying a specific request by the custody sergeant to check on Mr McGowan again after concerns were raised that the detainee was struggling to breath.
Judge McFarland said had this check been carried out when requested, evidence of vomiting could have been observed and could have led to intervention.
During the trial, CCTV footage from Lisburn custody suite was played to the jury, while McAllister gave evidence and spent several days in the witness box.
Prior to sentencing, the court heard that McAllister's plea reflected an acceptance that he wilfully neglected to perform his duties, which amounted to an abuse of public trust.
Passing sentence, Judge McFarland said it had to be acknowledged that a failure to act after concerns were raised about Mr McGowan struggling to breathe could have contributed to vomiting and choking.
The Belfast Recorder also noted the impact Mr McGowan's death has had on his mother and sister.
The family attended every day of the four week trial.
A statement issued via their solicitor said: "The McGowan family continue to be devastated at the loss of their much loved son and brother David. He is forever in their thoughts and prayers. The family firmly believe, and consider that the evidence at this trial proves, that David would be alive today had he been treated humanely whilst in police custody.
"The McGowan family are frustrated at how the trial was prosecuted and have grave concerns as to how the substantive trial of the senior custody sergeant collapsed. The McGowan family consider that the extend of police failures and the gravity of the consequences are not reflected in the conviction and sentence handed down.
"David should have been safe in police custody. He was not."
