Man lost three teeth when punched by PSNI officer holding handcuffs, court told

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A man lost three teeth after being punched in the face by a police officer holding handcuffs in his right hand, a court heard on Monday.

Details of the incident emerged as PSNI officer Karl McClean went on trial facing a charge of GBH. The officer, whose address was given as Downpatrick PSNI station, is standing trial at Downpatrick Crown Court over the charge that he is alleged to have used “unlawful and unreasonable” force against Patrick Russell during a bail check at Mr Russell’s home on Hunter’s Way in Ardglass on January 27, 2023.

A witness told the court the incident resulted in Mr Russell losing three teeth and suffering significant damage to his face.

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Opening the trial, Ms Briege Gilmore for the prosecution said that body worn camera footage would form the basis of her argument and there were a number of agreed facts surrounding the case.

These were that Mr Russell has a criminal record for violent offences, including assaults on police officers, and that police were at his address lawfully following a complaint of a threat from a third party, which has not amounted to anything since.

Ms Gilmore also said that prior to the incident Mr Russell had told a GP that he had been drinking heavily and it was agreed alcohol could lead him to violence or risk taking behaviour.

She stressed to the jury that while they will see Mr Russell refuse his bail check with officers and become aggressive towards them, "even a person acting aggressively towards police can be a victim of assault by police".

Ms Gilmore said the jury will see that McClean used "excessive" force that was "not required or reasonable" when he "retaliated" against Mr Russell by punching him a number of times in the mouth while holding handcuffs.

The defence contended that McClean had only been defending himself during the incident, however the prosecution stated that Mr Russell was attacked at a time when McClean was not at risk of any injury or in danger.

The first witness called in the case by the prosecution was Mr Russell's dentist, Stephen Sherrard, who saw him for an appointment three days after the incident on Monday, January 30. Mr Russell had attended the Ulster Hospital A&E prior to this where he received stitches to cuts on his lips.

Mr Sherrard provided the jury with x-ray's, radiographs and photographs of Mr Russell's mouth from May 2022, December 2022 and three days after the incident on January 30, 2023.

He said that while Mr Russell had lost two teeth previously, these were from incidents that took place a long time ago and that prior to January 27, his teeth were considered "healthy" and "stable".

Mr Sherrard told the court that during his examination on January 30, he found that Mr Russell was missing three teeth that would have otherwise been considered healthy, and another tooth required treatment after being "severely fractured". He said that the "severe" injuries Mr Russell sustained would have resulted from "considerable force" being used against him and also noted "significant bruising" on his right cheek.

The case was brought to court following an investigation by the Police Ombudsman for Northern Ireland and is expected to last up to three days.

Other police officers who were at the property at the time of the incident are expected to give evidence later, with body worn camera footage also being shown to the jury.

The trial continues.

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Source: www.belfastlive.co.uk
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