Two Sussex Police officers have been dismissed without notice after a misconduct panel found they used excessive force against a 92-year-old amputee at a care home.

PC Rachel Comotto and PC Stephen Smith had been called to Park Beck Residential Care Home in St Leonards-on-Sea after Donald Burgess allegedly poked a member of staff in the stomach with an adapted butter knife.

Body-worn video showed Mr Burgess sitting in his wheelchair holding the knife as officers entered his room.

During the incident, PAVA spray was used, Mr Burgess was struck with a baton and a Taser was discharged.

Officers previously cleared of assault

PC Comotto and PC Smith were previously found not guilty of assault occasioning actual bodily harm following a criminal trial.

However, a separate police disciplinary panel later considered allegations that the officers had used excessive force and failed to appropriately de-escalate the situation.

The panel found both officers had breached standards of professional behaviour relating to use of force, discreditable conduct and authority, respect and courtesy.

Both were dismissed without notice for gross misconduct.

Panel told pensioner was vulnerable

The misconduct hearing was told Mr Burgess was vulnerable and confused and that the situation had been escalated unnecessarily.

Lawyers for Sussex Police argued there had been opportunities to de-escalate before force was used.

PC Comotto also faced a further allegation over a Facebook comment posted after the incident.

That allegation was also found proven.

Mr Burgess died weeks later

Mr Burgess had a number of underlying health conditions.

He was taken to hospital after the incident and died 22 days later after contracting Covid.

The disciplinary hearing was told there was no allegation that the officers’ actions contributed to his death.

Sussex Police voluntarily referred the incident to the Independent Office for Police Conduct.

IOPC Director of Engagement Emily Barry said the footage had caused “widespread concern and anger” and described the force used as excessive and unreasonable.

She said Mr Burgess was isolated from other residents, was wheelchair-bound and posed little immediate risk to officers.

The IOPC said the officers should have treated force as a last resort and found that their actions damaged public trust and confidence in policing.

 

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