A POLICE officer involved in the death of disabled black man has not been allowed to resign from the force after a court ordered yesterday that he should answer for misconduct.

PC Andrew Birks was the senior of four Metropolitan Police officers who arrested and restrained musician Sean Rigg on August 21 2008.

Mr Rigg — who suffered from paranoid schizophrenia — died of a cardiac arrest due to asphyxiation on the same day, the result of excessive use of force during the arrest.