A Sussex Police officer told Hove Crown Court he had no desire for a confrontation before he used pepper spray on a 93-year-old double amputee at a care home. PC Gary Smith, who denies a charge of assault occasioning actual bodily harm (ABH), told a jury on Monday that his actions were a “tactical necessity” after the elderly man brandished a kitchen knife.
The incident took place on 21 June 2022 at St Elizabeth’s House care home in St Leonards-on-Sea. Officers had been called to the home to assist staff with Donald Burgess, who was a 93-year-old double amputee.
Giving evidence, PC Smith said he drew his Pava spray and issued an ultimatum to Mr Burgess after the man refused to drop the blade. He told the court he “did not want a confrontation” and maintained that his use of the incapacitant spray was a proportionate response to a perceived threat.
Prosecution Alleges Disproportionate Force
The prosecution argues that the level of force used by the officers was “unnecessary and disproportionate” given Mr Burgess’s age, his physical frailty, and the fact he was confined to a wheelchair. Jurors have previously heard that during the struggle to disarm the 93-year-old, a Taser was also deployed.
PC Smith is standing trial alongside a second officer, PC Mark Weall, who is also charged with ABH in relation to the same incident. Both officers have pleaded not guilty.
The case follows an investigation by the Independent Office for Police Conduct (IOPC), which referred the matter to the Crown Prosecution Service.
The court heard that PC Smith’s state of mind at the time was focused on the immediate danger posed by the knife. He told the jury that the situation required a swift resolution to ensure the safety of the care home residents, staff, and the officers themselves.
Background of the Case
Mr Burgess died in hospital on 13 July 2022, three weeks after the confrontation with the Sussex Police officers. However, the court has been reminded that the charges against the two PCs relate specifically to the use of force during the incident at the care home, not to Mr Burgess’s subsequent death.
The trial involves officers from Sussex Police, the force responsible for policing Chichester and the wider county area. The proceedings at Hove Crown Court are expected to continue throughout the week as more evidence is heard regarding the specific medical impact of the Pava spray and the testimony of witnesses who were present at St Elizabeth’s House.
The case continues.
