A POLICE officer who is facing the sack over claims he assaulted a handcuffed suspect will have to wait to learn his fate.

The previous two days of the hearing had heard how PC 1605 Calum Powell had assaulted the suspect, who he had described as “a major threat” to himself. 

The panel’s final decision will be on whether Powell breached  the professional standards of any of these categories: authority, respect and courtesy, use of force; discreditable conduct.

They have decided to adjourn until next week to reveal PC Powell's fate. 

At the beginning of the final day, on Wednesday, November 1, the prosecution and defence gave their final submissions. 

Joanne Kane, the appropriate authority representative, laid out the prosecution’s case. She pointed to the notable difference in behaviour of Fathal Moshen once he had been moved into the second cell for his claustrophobia, and the consistent conclusion of Custody Sergeant Rosie Vincent that the force used had been “excessive”.

The hearing heard how other witness statements were consistent with this, given Moshen’s verbal compliance, meaning the spit hood was unneeded in the second cell as no attempt was made to spit or assault the officer at this point.

It was highlighted that a sergeant’s statement that there had been a lack of monitoring of the suspect in the first cell, and this may have caused his behaviour there.

They said the force expert’s evidence carried little relevance due to his reliance on the CCTV footage.

The prosecution said Moshen had spitting opportunities in the second cell but didn’t do so, mitigating the claimed threat, so there was no need to take him to the floor.

The panel heard that there had been other options for the officer, such putting the plaintiff in a cell with the door closed, and monitor from outside.

The prosecution concluded by saying there was no time for Moshen to prove his compliance or reaction to the first knee strike before the second, and that Powell hadn’t properly engaged with him before striking.

The defence highlighted that the officers had found themselves in “a rock and a hard place” with their decisions that day, as the situation would never have happened if the unit hadn’t been so busy.

The hearing heard that the suspect had displayed a clear threat to the officer after spitting in the van and the first cell, and that Powell had been forced to make the ongoing assessment of the possible threat of spitting at all times. This was heightened given the Covid pandemic at the time.  

They said Moshen could’ve been lying when he claimed claustrophobia, but the officer had a duty of care to move him regardless.

It was suggested that taking him to the floor was the safest option to get the spit hood on given his breathing difficulty and continual resistance, and as such, a cell with the door closed would’ve been inappropriate.

They said Powell had remained calm and professional, only using the force deemed necessary to deal with the ongoing threat, and that it was stopped once the required outcome was achieved. It was said that Powell had continuously been assessing the threat level throughout the incident, using the split seconds available.  

The panel were advised to take the officers’ evidence as most relevant, as they had a view of the incident that nobody else did.  

The case has been adjourned until Thursday, November 9 at 2pm when PC Powell’s fate will be decided.