A policeman who took a handcuffed man to the ground and struck him three times as he lay face down on the floor has been found guilty of gross misconduct. Custody sergeant Rhodri Davies, who had nearly 20 years experience in South Wales Police, “lost patience” with Tariq Evans when he was brought into Swansea Central Police Station on October 24 2022, the hearing was told.
Panel chairman Christopher McKay today told Sgt Davies he was “reckless”, bringing the detainee to the floor, and it was “dangerous” to then spin him round narrowly missing a wall.
Sgt Davies also used a “dangerous restraint”, laying his hand in a “C clamp” across the back of Mr Evans’ his neck in a cell where he also kneed him, the panel found. But this was misconduct rather than gross misconduct because pressure was for “a comparatively short time” and Mr Evans had not suffered any lasting effects from the knee strikes. . For the latest Welsh news delivered to your inbox sign up to our newsletter.
While Sgt Davies’s action in the custody suite amounted to gross misconduct his actions in the cell afterwards were misconduct, but taken together they constituted gross misconduct.
An allegation that the custody sergeant had also struck Mr Evans after pulling him up from the floor was not proved and an allegation that he had pulled him up by the handcuffs in a dangerous manoeuvre had previously been thrown out by the panel.
When he was on the floor “Mr Evans was in a relatively powerless position and posed no significant threat” that warranted striking him, Mr McKay said. He added that the take down was “particularly dangerous because Mr Evans had both hands cuffed behind him and was unable to break his fall”.
Taken together the force Sgt Davies used against Mr Evans was found to be unlawful, unreasonable and amounted to gross misconduct. The custody sergeant, who denied all the allegations against him, will find out tomorrow whether he has lost his job as a result, or if lesser sanctions are imposed.
Mr McKay said the panel had taken note of more than 23 minutes of CCTV and body worn camera footage from the incident. It was clear that despite Mr Evans being violent before he was brought in he was not a risk by the time he was brought into the custody suite.
Sgt Davies, a 6ft 2in former boxer was able to contain Mr Evans without taking him to the floor and striking him, the panel found. His claim that he feared his arm would break as he held Mr Evans was not credible.
The custody officer had also sworn at Mr Evans inappropriately, calling him a “f****** p****” and other obscenities. This demonstrated Sgt Davies had lost his temper with the detainee.
The hearing in Bridgend follows the jailing of another police officer for using unreasonable force during the arrest of Mr Evans shortly before he was brought into the custody suite. PC Jack Williams, 27, was recorded on another officer’s body camera beating Mr Evans after chasing him after an allegation of criminal damage. Williams was found guilty of assault by beating at a trial at Newport Crown Court in August 2023 and jailed for 12 weeks.
An investigation into Sgt Davies was launched after one of the officers at the scene PC Rees told superiors that he had seen him pull Mr Evans to the floor and strike him, for no apparent reason. During the hearing PC Rees appeared to backtrack on this and told the panel the force Sgt Davies used was proportionate.
Mr McKay noted this and said the panel had used the footage from the scene to reach its conclusions. He said Sgt Davies had been an “influential” figure in the custody suite. and suggested that PC Rees and other officers at the scene had not complained about his actions out of “a misguided sense of loyalty to him and possibly South Wales Police force”.
The panel accepted that Mr Evans had been violent on arrest in Morriston and in the custody suite he was verbally aggressive but Mr McKay said that did not justify the way Sgt Davies treated him. Jonathan Walters, who represented the police case against Sgt Davies, said it would be justified to dismiss Sgt Davies from the force.
The panel is due to give their decision tomorrow January 17 and could also consider demoting Sgt Davies or giving him a final warning.
The allegations found proved
That on October 24, 2022, whilst on duty as a custody sergeant at Swansea Central police station custody suite as custody sergeant he breached the following Standards of Professional Behaviour:
Standard 4 – Use of Force. Police officers only use force to the extent that is necessary, proportionate, and reasonable in all circumstances.
Standard 9 – Discreditable Conduct. Police officers do not behave in a manner that discredits the police service or undermines public confidence, whether on or off duty.
It is contended that the officer used force that was unnecessary, disproportionate, and unreasonable and that the force used was unlawful in all the circumstances.
The panel found Sgt Davies’s action in the custody suite amounted to gross misconduct while his actions in the cell afterwards were misconduct, but taken together they, constituted gross misconduct.
The hearing continues.
Join our WhatsApp news community here for the latest breaking news. You will receive updates from us daily