UK: Judge criticises CS use on pensioner
01 May 1998
A jury at Luton Crown Court has cleared a police officer of assault after he sprayed CS gas into the face of a frail, 67-year old pensioner who parked his car in a restricted area. Kenneth Whittaker, who walks with a stick and suffers from arthritis and sciatica, had stopped to allow his disabled wife to visit her hairdresser when he was confronted by PC Andrew Taylor who accused him of causing an obstruction. In the ensuing argument the constable sprayed Mr Whittaker with CS gas, pulled him from the car and handcuffed him - the six-foot tall policeman explained to the court that this was necessary because he feared for his safety.
After the jury returned its controversial verdict of not guilty Judge Daniel Rodwell expressed serious doubts about the decision and refused to award the police officer costs:
"I think it would be totally inappropriate to order any costs from public funds for this defendant. Notwithstanding the verdict, this has been a disturbing and upsetting case... It would be totally wrong to fund this defendant's costs out of public money."
The jury's finding has been widely criticised and John Wadham, on behalf of the civil liberties group, Liberty, called for the police use of CS "to be suspended until it is certain that the spray is safe and, in particular, that all police officers are using it only as a last resort." Even the Crown Prosecution Service warned that CS sprays were intended to protect police from serious attacks and not for law enforcement. However, the Association of Chief Police Officers said that it had no plans to review the use of the spray.
After the trial it was revealed that Mr Whittaker had already received £7,500 in compensation from Bedfordshire police after taking action in the civil courts against PC Taylor. In a separate incident, following a peaceful pensioners' protest outside the House of Commons in central London, the Sergeant at Arms, Peter Jennings, has been asked to investigate complaints that police officers had pushed and shoved elderly people.
Recently, there has been a proliferation of cases where CS spray endangered children. In Bridgewater, Somerset, a family making a peaceful protest over delayed benefit payments was sprayed without provocation by police officers. In Manchester a 10-year old child was taken to hospital after policemen used the spray while trying to arrest a man. And, last year, in Bristol, the spray was used at a children's home after a 14-year old threatened staff. In its annual report for 1997-98 the Police Complaints Authority expressed concern after receiving 254 complaints about police use of CS gas.
Guardian 10.6.98; Independent 3.6.98; Times 11.6.98; Big Issue 8 & 15.6.98.