Gwent Police officer says he was 'within rights' to use force on man

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

A police officer said he was "within his rights" when he struck a detainee three times in the chest with his knee.

PC Callum Powell told a told a misconduct hearing Fathal Moshen posed a "real viable threat" to him.

Mr Moshen was arrested by PC Powell in July 2021 after receiving a report he had threatened to stab someone in the Pillgwenlly area of Newport.

Mr Moshen's mood in the police van was described as "volatile" and at times "very aggressive".

Gwent Police officer PC Powell told the hearing: "He was saying to me, 'I know people in Pill and you'll have to watch your back now' - he also made a gun gesture with his fingers."

The hearing in Cwmbran, Torfaen, was told Mr Moshen later started "kicking and banging" the door of his cell at Newport Central Police station.

PC Powell said: "He was asking to use the toilet, but we were waiting to carry out a body search because we believed he had drugs on him."

PC Powell said that Mr Moshen, having slipped the handcuffs off one of his hands, had urinated in the cell and was spitting at the cell window.

PC Powell said he perceived Mr Moshen's behaviour to be dangerous given the ongoing Covid pandemic.

PC Powell said five weeks earlier, his wife had given birth to their son who was born with respiratory issues.

"If I brought Covid home it could have had devastating consequences for my family and my child, because of his respiratory issues," he said.

The hearing was told that Mr Moshen had complained that he was claustrophobic and struggling to breathe.

At this stage, Mr Moshen was moved to another cell and officers decided to place a spit hood over his head.

It was then that PC Powell said things escalated.

'No option but to use my knee'

"The detainee said, 'Get your f***ing hands off me' and I remember thinking, 'Wow, this is getting dangerous'," he said.

"He was trying to remove the spit hood and trying to spit directly at me."

PC Powell said that in bringing Mr Moshen to the ground to apply the hood he had "no option but to use my knee".

When asked why he struck the detainee three times, PC Powell said the first strike didn't have the "desired effect."

"I am within my right to apply force - he had threatened to assault me," he added.

"It was a dynamic situation where decisions are made in seconds."

CCTV was presented of Mr Moshen being held in the first custody cell, showing the prisoner removing a small plastic bag containing a white substance from his underwear and putting it into his mouth.

PC Powell told the hearing he was unaware the detainee had done this at the time, adding: "It looks like he has swallowed a drugs package."

Asked if he thought placing a hood over someone already reportedly struggling to breath would only "exacerbate the situation", PC Powell said he did not agree.

Cross examining PC Powell, Joanne Kane said: "I am going to suggest that your actions were not proportionate, they were not reasonable and not necessary and were in breach of each standard you should adhere to."

She went on to describe PC Powell as having been "devoid of self-control", adding that he had "bullied and harassed" Mr Moshen and brought "discredit to the police service".

PC Powell is accused of breaching the force's professional standards behaviour by using excessive force and in respect of the authority and courtesy shown to a detainee.

The professional standards department alleges his actions were discreditable conduct and amount to gross misconduct.

PC Powell denies the allegations.

The hearing continues.