Gwent Police officer denies assaulting detainee - hearing

Police officers were called out to the Pillgwenlly area of Newport after reports Fathal Moshen was making threats with a knife

A police officer has denied assaulting a man while in custody, a misconduct hearing has been told.

The hearing in Cwmbran, Torfaen, was shown CCTV footage of PC Callum Powell striking the detainee in the chest with his knee three times in July 2021.

PC Powell, of Gwent Police, was attempting to put a spit hood over the detainee's head in a custody cell at Newport Central Police station, but he resisted several times.

The hearing is due to end on Tuesday.

It heard the spit hood was necessary because detainee Fathal Moshen had been spitting and urinating in a previous holding cells at "the height" of the Covid-19 pandemic.

The police professional standards department claim PC Powell's behaviour breached professional standards in terms of use of force, discreditable conduct and authority respect and courtesy.

PC Powell and PC Jordan Marshall were called out to deal with Mr Moshen in Pillgwenlly, Newport, after reports that he was making threats with a knife on 1 July 2021.

Firearm units were also called and Mr Moshen was being detained by armed unit when the officers arrived.

Mr Moshen was put in a holding cell for 40 minutes and CCTV footage showed PC Powell trying to reapply the spit hood after Mr Moshen took it off.

The footage showed him resisting and the police officer striking him three times with his knee and then dragging him to the floor while trying to reapply the hood.

Mr Moshen's legs appeared to be shaking in the footage and an eyewitness reportedly believed he was having a fit or seizure.

PC Powell's legal team are expected to make submissions of no case to answer to the panel

PC Marshall, arresting officer, told the hearing he believed Mr Moshen was "putting it on" and did not believe he was fitting because he had heard from other officers Mr Moshen had a history of pretending to have seizures.

He said: "[Mr Moshen] had urinated, and we thought defecated in the original cell and was spitting at the glass door."

CCTV of Mr Moshen in the first custody cell showed him urinating and crouching with lowered trousers.

"The spit hood was applied when we moved him because of this. It was the height of Covid, and my wife was pregnant, so I didn't want to take any risks. It felt necessary to apply the hood," PC Marshall added.

Mr Moshen had also managed to slip his hand out from one of the handcuffs and was hitting and spitting at the glass door.

However, Sgt Rosemary Vincent said she called an ambulance after seeing Mr Moshen "fitting or having a seizure".

She told the hearing checked the CCTV after the ambulance had taken Mr Moshen to the hospital, saying the knee strikes from PC Powell "looked excessive".

She said she reported the incident and when Mr Moshen returned from the hospital, he was holding his ribs but "the opposite side to where the knee strikes were".

Derek Perry, PC Powell's counsel, said: "The nearest weapon was his knee, because his hands were being used to restrain Mr Moshen and his chest was the nearest target."

PC Marshall said PC Powell "stopped" applying force when the hood was on.

"I believe the force was necessary at the time and used it to break the guard, the detainee was creating with his shoulders preventing us from applying the hood. I believe because he was resisting and stopped once applied, it was appropriate," he said.

The misconduct hearing continues.