POLICEMAN Andrew Birks, who was suspended over the death in custody of musician Sean Rigg in 2008, tried to resign from his job to avoid possible misconduct proceedings, the High Court heard yesterday.

Mr Rigg, who suffered from schizophrenia, died after being restrained by Metropolitan Police officers in August 2008.

The Independent Police Complaints Commission (IPCC) cleared police of any wrongdoing in 2010, but a subsequent inquest found police actions had contributed to his death.

The Crown Prosecution Service decided in December not to charge any officers in relation to Mr Rigg's death.

Custody sergeant Andrew Birks — now a Church of England reverend — resigned from the police in 2014.

But Mr Rigg's sister, Marcia Rigg-Samuel, filed for a judicial review to prevent Mr Birks resigning as an "escape hatch" to dodge facing an ongoing investigation.

That was upheld by the High Court in September 2014, which found that ,due to “the gravity of the allegations” against Mr Birks, "the public interest requires that he should remain in the force to answer any charges of misconduct which may be brought against him."

Mr Birks remains suspended on full pay pending the outcome of a further inquiry into his role in Mr Rigg's death, which is understood to cost the taxpayer £44,000 a year.

The hearing is due to conclude tomorrow.