The Police Ombudsman has concluded that a police officer acted within his rights when he used CS Incapicitant Spray against a man who attempted to push an unoccupied car towards a police vehicle in the Crumlin Road area of Belfast.
The incident happened shortly after midnight on 26 December 2004 after police stopped a car close to St Gabriel's Boys School.
Officers involved in the incident told Police Ombudsman investigators that a rear seat passenger became abusive when the driver was arrested on suspicion of drink driving.
Officers recall that the passenger got out of the car and then helped a young female out of the vehicle. This girl also appeared to be under the effects of alcohol. Officers stated that the man then leaned into the car, released the handbrake, adjusted the steering wheel and pushed the unoccupied car towards a police Land Rover.
He then walked off along the Crumlin Road, accompanied by the young female, as the car came to a halt on the far side of the road from the Land Rover.
Police witnesses stated that as one officer went to apply the handbrake to the car, another attempted to speak to the man.
The officers said the man continued to act aggressively before striking the officer on the shoulder. He was then arrested, but struggled violently as two officers attempted to apply handcuffs. All three men fell to the ground as the struggle continued.
One of the officers then warned that CS Spray would be used if the man did not calm down. He failed to do so and CS Spray was used against him, causing him to immediately stop struggling.
The Police Ombudsman's Office was informed of the incident. This followed a request from the PSNI's Deputy Chief Constable that all discharges of CS Spray between August and December 2004 (the period immediately after its initial introduction to Northern Ireland) should be referred to the Police Ombudsman for investigation.
The Police Ombudsman, Mrs Nuala O'Loan, noted that the officer had been trained in the use of CS Spray three months before the incident.
Having considered all the evidence of the case she concluded that, in the circumstances, the officer "had little option other than to stop the threat with what he considered to be the most appropriate force available to him."
The man arrested by police during the incident has since appeared in court and been convicted of resisting arrest, assaulting police, dangerous driving and driving while disqualified. The publication of the Police Ombudsman's report was delayed until after the completion of the court case.