A police officer is facing dismissal after being accused of assaulting a prisoner.

Gwent officer PC 1605 Calum Powell has been accused of striking a prisoner three times with his knee and forcibly raising his arms while he was cuffed from behind. 

He has allegedly breached the force's standards of professional behaviour in these categories:

  • Authority, respect and courtesy;
  • Use of force;
  • Discreditable conduct

Yesterday, Monday, October 30, Powell was brought before a misconduct hearing at Gwent Police headquarters in Cwmbran.

On the first day of the hearing, the prosecution laid out its evidence to the panel, led by legally qualified chair Christopher McKay, with the final decision made if the accusations are proven on the balance of probability.

The prosecution was represented by Joanne Kane, while Derek Perry represented the defence. 

Miss Kane set out the case against PC 1605 Powell, namely that on July 1, 2021, he assaulted a detainee using unnecessary force that displayed a lack of self-control and professional judgement.

Miss Kane told the hearing how the plaintiff, Fathal Moshen, was moved from one holding cell into another after telling officers he was claustrophobic and couldn’t breathe.

The panel heard how PC Powell used three knee strikes on Moshen after raising his arm, while he was cuffed from behind, while attempting to put a spit hood on him.  

The hearing was shown CCTV footage of the incident which showed this taking place, with what Miss Kane described as “excessive force in the circumstances” by Powell.

It was also revealed that Mr Moshen had suffered a seizure after the incident, and had been suffered a chest injury, as well as having a multitude of health issues before this.  

The appropriate authority called two witnesses, PC Jordan Marshall, the secondary officer present with PC Powell at the time of the alleged assault, and Custody Officer Rosie Vincent, who had been on shift that night at the Newport Central Custody Suite.

The panel and witnesses were both shown CCTV footage of the incident, and from just before.

PC Marshall gave evidence on the threat Moshen had held to himself and Powell as a 'spitter' during the Covid pandemic, and that the use of a spit hood and open door had been clearly explained to him as a compromise to his claustrophobia.

The prosecution highlighted that Moshen had been held for hours, including in one cell for 40 minutes and his escalated behaviour was likely a frustrated response to this. It was also highlighted that other options were available for action in the situation, and these weren’t considered.

Miss Kane mentioned that Moshen had been a notable health risk, given previous arrests, but this was ignored by officers.

PC Marshall mentioned a technique used daily by officers to stop someone who is resisting, and this was used to get the spit hood on.

The spit hood had been decided on after the plaintiff had complained of claustrophobia and being unable to breathe.

Evidence was given that Moshen had threatened and spat at the officer on numerous occasions which led to the escalation, with a witness confirming they were concerned by this given the pandemic at the time.

The officers were described as “being between a rock and a hard place” within the circumstances as they had attempted other training tactics.

Officer Vincent gave evidence that the shift had been unreasonably busy and that it can cause problems. She had heard someone complaining of difficulty breathing but couldn’t confirm who it was.

Evidence was given that an affray alarm was sounded, used in such situations as a medical emergency, which alerted her to the situation. Afterwards, she was called to review the footage, and said “The force being used seemed excessive”.

The defence cross-examined both witnesses, highlighting that the force used could’ve been justified as a means of reacting to the increased threat posed by the plaintiff.

The panel adjourned to read mid-submissions from both sides, and the hearing will continue today.