The Police Ombudsman's Office has said a police officer was right to use his CS spray in Londonderry/Derry when he came across a gang of eight people attacking a man who lay on the ground with blood flowing from his head.
The incident, which happened on August 14 2004 after an Apprentice Boys March in the city, was referred by the PSNI to the Police Ombudsman's Office for investigation.
It began when four police officers travelling in a Landover came across a group of eight males involved in a fight near the NSPCC building along the Glendermott Road.
One of the police officers opened the door of the vehicle and shouted at the youths to stop their attack. Another police officer said he saw a youth lying on the ground. The youth was bleeding profusely and appeared to have suffered a serious head wound.
The gang continued to attack the man and ignored shouts from the officers to stop and ignored two warnings from an officer that he was about to use CS Spray.
The Constable, who was standing between 2 and 3 metres from the gang, discharged his spray. The youths immediately stopped the fighting and ran off. The Spray also affected the Constable himself, who had to return to the Landrover to recover.
His colleagues attended to the injured men, giving him medical attention for his wounds and for the effects of the Spray. The man asked for water but the police officer refused, advising him that this would make the effect of the Spray worse.
The Police Ombudsman investigators took statements from the police officers.
Investigators also made inquiries at Altnagelvin Hospital and established that a male youth had presented himself to staff as suffering from the symptoms of CS spray, but did not remain for treatment. The Office was unable to identify him and secure his cooperation in the investigation.
The investigators also asked the man who had been attacked, and a person whom he identified as his assailant, to give statements but they did not respond.
CCTV footage from local buildings in the area was seized as was 'Public Order' video footage taken by the police.
The Police Ombudsman, Mrs Nuala O'Loan said that the youths had ignored several warnings to stop the attack and noted that the four police officers were outnumbered by the eight youths:
"From the available evidence the use of force appears to have been reasonable in the circumstances. The Constable was faced with a situation where immediate action was necessary to stop the continued threat of violence posed to a member of the public who had already received serious head injuries.
Undoubtedly the use of the spray prevented further injury as the youths stopped the fighting and ran off, allowing the police to give their victim first aid," she said.
The Police Ombudsman also noted, however, the possible difficulties in using the spray in 'Public Order' and unanticipated 'street situations' where it could only increase the risk to bystanders and the to police officers themselves. She recommended that other forms of force be considered if the spray disproportionately increases the risk to others:
"It would seem counter productive if the officer trying to stop the disorder and effect arrests is himself capacitated. It is also potentially dangerous, with an officer less able to defend himself," she said.
These comments and recommendations have now been accepted by the PSNI and integrated into part of the CS Spray training programme for police officers.