An officer standing trial on GBH charges “feared for his life” and was "punched, kicked, bitten and spat on" during an altercation at a home in Ardglass, a court heard today.
Constable Karl McClean, whose address is given as Downpatrick Police Station, is on trial at Downpatrick Crown Court after being charged with grievous bodily harm following a Police Ombudsman Investigation into an incident at a property on Hunter's Way in the Co Down town on January 27, 2023.
He is accused of using "unlawful and unreasonable force" towards Patrick Russell by punching him in the face while holding handcuffs after police called at his home for a bail check. A previous court hearing heard that Mr Russell lost three teeth and suffered "significant" damage to his face following the incident.
On the second day of the trial, Constable McClean took the stand, along with two other officers who attended the incident, Constable Dunwoody and Constable Fair, where they faced questions about their actions during the altercation with Patrick Russell. They claimed that they were repeatedly threatened by Mr Russell during the incident saying that he threatened to kill, shoot and “blow up” officers and their families.
McClean told the court that he and three other officers had met in Ardglass prior to the bail check and decided two officers would go to the address while McClean and another officer stayed in the area in case backup was needed.
He said that during this meeting they discussed "red flags on the police system" regarding Mr Russell, and that this showed he had a history of violence.
McClean said that after the two other officers, Constable Fair and Dunwoody, attended the address, Constable Fair radioed McClean and requested support, with McClean saying it sounded like Mr Russell was being aggressive towards the officers.
He said that upon arrival at the scene, Mr Russell was standing in the doorway of his home in his underwear and "posturing towards officers and acting aggressive", he said that Mr Russell was "squaring up" to the other officers in a "fighting stance" with his "arms by his side". He said that Mr Russell was refusing to take a breath test offered to him by officers, however this was questioned by the prosecution who said that Mr Russell had offered to take it eventually. McClean said that all he saw was Mr Russell attempting to snatch the breathalyser from the officer and that police cannot allow others to touch their equipment.
McClean said that as he approached Mr Russell he moved a plant pot from the doorway fearing it "could be used as a weapon" and that after "smelling alcohol" on Mr Russell's breath made the decision to arrest him. He said that when he reached to place handcuffs on Mr Russell, he was punched twice to the face.
McClean admitted when questioned by Ms Gilmore for the prosecution that he did not alert anyone to his intention to make an arrest and was planning on telling Mr Russell he was being placed under arrest once he had him in handcuffs.
The court heard that after McClean was punched by Mr Russell, he ducked down and tackled him into the hallway of the house where a further altercation ensued. McClean said that Mr Russell continued to try and attack him and that he struck him three or four times while trying to deflect strikes. He said that he punched Mr Russell in order to "protect himself, other officers and ultimately Mr Russell's family".
McClean said that he feared for his life throughout the altercation and feared that Mr Russell would “kick him to death on the ground”. He also said that Mr Russel was a much larger man than the 5'8, 12 stone officer and estimated he was six foot or over and weighed between 18 to 20 stone.
McClean said that during the altercation, Mr Russell opened a door in his house to a room containing two dogs and because Mr Russell had "threatened to set his dogs" on officers, he sprayed irritant spray on the dogs before closing the door.
The court heard that eventually, with the assistance of other officers, two sets of handcuffs were needed to restrain Mr Russell due to his large build with limb restraints also being placed on him later on.
McClean said that throughout the process of restraining Mr Russell he continued to make threats and spit at officers. He said that following the incident he was left with a "puncture wound on his hand" after being "bitten" by Mr Russell and that he was repeatedly "spat at, punched, kicked and bitten" during the incident and claimed Mr Russell threatened to "shoot and blow up" the officers in attendance and their families.
The officer also claimed that when a sergeant arrived on the scene, Mr Russell, who had his hands behind his back handcuffed at the time, tried to take the sergeant's firearm.
Constable Shannon Dunwoody and former Constable Andrew Fair, who is now on a career break, took to the stand in the afternoon of the second day of the hearing where they gave their testimony of what happened on January 27.
The two officers were the first to attend the property for the bail check, with Constable Fair radioing for assistance at some point during their verbal interaction with Mr Russell. Both said that upon arrival at the property Mr Russell had been verbally abusive towards them and swore at them.
It was also alleged that they believed that Mr Russell had exposed himself towards Constable Dunwoody when she asked for a breath test. However Constable Fair could not say on cross examination if he definitely saw this.
Constable Dunwoody was asked why she had said to Mr Russell's wife that "she believed" he exposed himself to her and was not definitive about the allegations in the hours prior and why she did not attempt to make an arrest for this at the scene. She said she didn't do this so as not to escalate the situation at the time. She also admitted that she had no physical evidence of this exposure on body camera footage due to the camera not being low enough and that she did not review the footage from other officers "because she knew it happened".
Both Constables said that upon the arrival of Constable McClean, they saw him move a plant pot before he was punched by Mr Russell, although could not recall if they saw McClean attempt to make an arrest or if he had handcuffs in his hand. They also said they were not made aware by McClean that he intended to make an arrest either.
Constable Fair said he became aware of the handcuffs after "the lights were turned on in the small hallway" following an altercation between McClean and Mr Russell. He said that he heard punching sounds during this altercation and struck Mr Russell three times in the back of the head with a closed fist before trying to restrain his left arm.
The two constables also said that they did not see the first part of the altercation between McClean and Mr Russell. Constable Dunwoody said that after she saw Mr Russell punch McClean, all four officers pushed there way inside of the house.
Constable Dunwoody and Fair also said that throughout the incident Mr Russell made threats towards them and that he threatened to “have someone blow up Downpatrick Police Station” and “the only good cop is a dead cop”. They also said that Mr Russell remained aggressive towards officers while in an ambulance and in hospital following the incident.
The court heard Constable Dunwoody is the officer who placed Mr Russell under arrest the following morning at 8.30am on January 28.
The trial continues.
English (United States) ·