The Police Ombudsman has concluded that a police officer was justified in discharging CS Incapacitant Spray at three men involved in a disturbance outside a bar in Enniskillen in late 2004.
Police were called to the incident, in the High Street/ Church Street area of the town, at around 0243 hours on 22 November 2004. They arrived to find a group of people involved in a heated disturbance on the pavement and road. One man was arrested for assaulting another civilian.
One of the officers involved in the disturbance told Police Ombudsman investigators that when he tried to arrest a woman in connection with the disturbance, a number of people intervened and attempted to prevent the arrest.
Another officer then tried to assist but he became involved in a brief struggle with three men.
Both officers then drew their personal protection CS Spray canisters and one warned the three men to get back or the spray would be used. The officers said the three men then surged towards him, at which point he discharged the CS Spray at all of them.
The officers also stated that, following the discharge, the men were given advice and reassurance about the effects of CS Spray. The men were then arrested and subsequently appeared at Enniskillen Magistrates Court, where they were each convicted of disorderly behaviour and fined.
The three men also made complaints to the Police Ombudsman's Office about the circumstances in which they were targeted with CS Spray. One claimed he had been sprayed as he lay on the ground, another said he had been targeted despite backing away from police at the time, and the third said he had been targeted for no other reason than he had queried why police had sprayed a man while he was on the ground.
After reviewing the evidence of the case, the Police Ombudsman, Mr Al Hutchinson, concluded that the use of CS Spray was proportionate and justified in the circumstances. He said it had helped to resolve a volatile situation, and had helped to avoid potential injury to officers or members of the public.
None of the complaints lodged by the men who had been targeted with CS Spray were upheld.