The Police Ombudsman has found that a police officer was justified in using CS Spray against a man who tried to attack him in Newry in December 2004.
The man was one of three people travelling in a car which was stopped by police at around 1.40am on 8 December 2004.
The officers who stopped the car stated that two men got out of the vehicle and confronted them. The men were initially verbally abusive towards the officers, before one of them then ran at an officer with his arm raised and fist clenched.
The officer warned him to back off or he would use CS Spray. The man continued acting aggressively and chased the officer twice around the car.
The officers stated that he then lunged at the other officer, who had also drawn his CS Spray. This officer then him sprayed in the face. The spray took immediate effect, allowing the officers to arrest the man.
As they did so, the other man approached and took hold of his friend. An officer warned him to stay away, and when he failed to do so the officer struck him on the upper arm with his baton.
The man who had been sprayed was then placed in a police car and taken to Ardmore station in Newry. The rear windows of the car were wound down to help minimise the effects of the spray, and once at the station, he was allowed to wash his face
The incident happened in the months following the introduction of CS Spray to Northern Ireland in the summer of 2004. The PSNI asked the Police Ombudsman to investigate all uses of the spray by its officers between August and December 2004.
The man who was sprayed during this incident subsequently made a complaint about the incident.
After reviewing the evidence of the case, including police documentation, officer training records and witness statements, the Police Ombudsman, Mrs Nuala O'Loan, concluded that the officer had been justified in using CS Spray.
Immediate action had been required to address the risk posed to the officer and his colleague, said Mrs O'Loan.
She also recommended that the police should review their instructions to officers regarding CS Spray use to remove an "ambiguity" regarding when officers are required to complete paperwork and submit CS Spray canisters for testing.