West Yorkshire Police: PC Graham Kanes cleared of misconduct

The August 2020 arrest in Halifax was filmed by members of the public and captured on body-worn camera

A West Yorkshire PC who told a suspect to "chill out or I'll choke you out" has been cleared of misconduct.

PC Graham Kanes, 29, of West Yorkshire Police, also told Hassan Ahmed to "chill out or you're going to sleep" in Halifax on 16 August 2020.

A panel heard Mr Ahmed presented as an "extremely aggressive and violent individual" during the incident.

PC Kanes was cleared of using unreasonable, unnecessary and disproportionate force.

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The misconduct hearing previously heard PC Kanes was on his own when he attended a public order incident at Spring Hall Gardens and attempted to arrest Mr Ahmed after he witnessed him strike a local resident.

Jane Lakin, panel chair, described PC Kanes as a "credible and consistent witness" who had used a "seatbelt" hold to restrain Mr Ahmed.

The restraint fell into a neck hold and lasted a maximum of 12 seconds, the panel heard.

"He did not intentionally attempt to apply pressure directly to his neck and throat," Ms Lakin said.

Regret for 'insensitive' language

On Tuesday, Mr Ahmed told the panel the language used by the officer inferred he was "going to kill" him if he didn't comply and he had received cognitive behavioural therapy since the incident.

The hearing, held in Wakefield, heard PC Kanes regretted his "insensitive" use of language and the panel found it did not amount to misconduct.

The panel agreed the comments were a "bluff or a shock statement" to minimise rather than exacerbate the amount of force used.

"PC Kanes honestly believed the force to be reasonable and necessary, he was anxious and concerned he'd been presented with a very aggressive male, alone and single-crewed," Ms Lakin said.

Despite no clear video footage of Mr Ahmed striking PC Kanes, the panel found the officer had a "genuinely-held belief" that he had been struck and was seen on camera touching his face.

The panel found the officer had not been dishonest in what he had written in his statement following the arrest.

Speaking after the hearing, Det Ch Insp Shaf Rehman, from the force's Professional Standards Directorate, said officers did find themselves in situations where the use of force was required.

He added: "It is vital however that any use of force is lawful, reasonable and proportionate, follows force policy and is in keeping with the training received - the finding of the hearing today has concluded that this was the case in relation to this officer."

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