Habib Ullah’s family will launch civil action against police after the ‘disappointing outcome’ of the inquiry into the conduct of officers.

Thames Valley Police officers DS Jason Liles, DC Richard Bazely and PCs Chris Pommery, Katie Grainger and Howard Wynne were all cleared of gross misconduct yesterday following a hearing.

They were all involved in searching and restraining Mr Ullah in a car park in Sharrow Vale, High Wycombe, on July 2, 2008.

A package containing drugs became lodged in Mr Ullah’s throat and he later died at Wycombe Hospital after suffering a cardiac arrest.

Zia Ullah, Mr Ullah’s cousin, said: “We are disappointed about the outcome of this hearing but it does not reduce our desire to keep fighting for answers and justice.

“In our view it was clear that those officers brought the Thames Valley Police service into disrepute and that the decision not to discipline officers in any way was not an appropriate one in our view.

“That the officers were exonerated of all wrongdoing goes against the IPCC investigation and the serious failings that were raised at both the hearing and the previous inquests.”

The officers admitted removing information, including references to the use of force, from their statements following legal advice which were subsequently submitted to the Independent Police Complaints Commission.

Each officer had been accused of gross misconduct for allegedly breaching "standards of professional behaviour" but a panel ruled in Newbury on Monday the cases against them were “not proven”.

Chairman of the disciplinary panel, Assistant Chief Constable Laura Nicholson, said: “The panel finds on overwhelming evidence, and in the absence of any evidence to the contrary, that all amendments were made in accordance with legal advice…

“The production of the draft statement was properly considered as merely part of the process of producing a final signed statement.”

DS Liles was also cleared of a charge relating to the force he used in slapping Mr Ullah between the shoulder blades, which he said was to stop him from swallowing the package of class A drugs.

But after two days of deliberation at Shaw House, the panel found the force was “necessary, reasonable and proportionate” in a bid to “prevent serious injury or death”.

Mr Ullah said the family was preparing to launch a civil action against the police force.

He said: “There are still many questions to be asked about why on the night that Habib died there was no post incident management in place straightaway and we are still not clear about what happened in the immediate aftermath of his death and the role of senior officers.

“There are still question marks about the legal firm that the police used and the advice that they were given about their statements.

“With all the talk about restoring ‘confidence in the complaints' system it needs to be remembered that this is an employment process and we are still hugely concerned that we and many other families are still being failed by the Crown Prosecution Service.”

The family said it was pleased the inquiry was held in public and believes it sets a precedent for other families fighting for answers.

Mr Ullah added: “I really hope that given the precedent set here, I hope all families are given the opportunities to pitch the question to the witnesses and officers concerned.

“To the other families, don’t give up…Keep going, we certainly will.”