Cops would have been sacked for use of Taser – if they had not quit already

Two cops have been told they would have been sacked for using excessive force with a Taser – but they had quit already.

A former Metropolitan Police Service (MPS) officer would have been dismissed without notice for continuing to use it against a detainee during an arrest in south-east London, a disciplinary panel has concluded.

The ruling by a disciplinary panel follows a five-month Independent Office for Police Conduct (IOPC) investigation into the actions of former Police Constable Robert Powell and acting Police Sergeant Lee Smith.

The panel concluded former PC Powell used excessive force by activating his Taser, in drive stun mode for 14 seconds, against the detainee when the man was on the floor and no longer posed a threat.

Drive stun involves applying the Taser directly to the body of the individual. In its judgment the panel noted this action seemed to have an element of retribution to it.

Acting PS Smith and former colleague PC Powell, both based at the South East Command Unit, were on duty on 1 November 2019, when they responded to a report that a car was being broken into at Barnehurst Railway Station, Bexley.

A man was arrested and taken to a police station where he collapsed and was subsequently taken to hospital.

The IOPC also concluded former PC Powell gave a false account of what happened – claiming the detainee grabbed PC Smith around the throat.

The case against former PC Powell was proven at gross misconduct, for breaches of use of force and honesty and integrity. Had he still been a serving officer he would have been dismissed without notice.

The panel also found PS Smith breached the standards of professional behaviour in relation to authority, respect and courtesy, after he used derogatory language towards the detainee. The officer will receive management advice.

Regional Director for London Sal Naseem said: “Former PC Powell used a gratuitous level of force against this man when he activated his Taser on someone who no longer posed a threat to himself or his colleague.

The panel’s sanction sends a strong message that this kind of breach of the standards of professional behaviour has no place in policing.

“In our recently published review of Taser cases we recommended to policing bodies, including the National Police Chiefs’ Council, that they continue to monitor the use of Taser in drive-stun mode and actively discourage officers from using Taser in this way.

Following a previous review we also highlighted that this mode was still being used, despite it no longer being included in training due to its ineffectiveness.

We recommended that officers should attempt to diffuse situations before resorting to its use, except in exceptional circumstances

“It is exactly this kind of incident which highlights the need for scrutiny and improvements so that the public can be reassured Taser is only used when absolutely necessary.”

The panel delivered the sanctions on Monday (13 September) at the end of a public hearing organised by the MPS. It followed investigations by the IOPC which concluded that the officers had a case to answer for gross misconduct.

Former PC Powell had already been dismissed from the MPS in July after it was found that he lied about how he retrieved handcuffs from a suspect during an incident in Greenwich in December 2019.

During the course of our investigation both officers were interviewed under criminal caution. A file of evidence was passed to the Crown Prosecution Service (CPS) which decided not to bring any criminal charges against either officer.

During the investigation, IOPC investigators interviewed both officers, members of the public, and analysed body worn video footage and CCTV footage.