A custody sergeant, accused of using unnecessary, disproportionate and unreasonable force on a handcuffed man , told a hearing he felt “victimised” by South Wales Police. Giving evidence for the first time at a misconduct hearing, Sergeant Rhodri Davies revealed to the panel that he is awaiting diagnosis for potential ADHD and autism.
The panel was told he had been signed off sick by South Wales Police and was receiving help for generalised anxiety since being served with misconduct allegations and felt “victimised” by the force.
On the sixth day of the hearing in Bridgend on January 13, the panel agreed with Sgt Davies’s defence barrister Colin Banham that an allegation that the custody sergeant brought prisoner Tariq Evans to his feet by the handcuffs in an “unsafe” technique be struck out. The panel found the video and bodycam footage used as evidence did not show this with certainty. For the latest Welsh news delivered to your inbox sign up to our newsletter
Sgt Davies still faces allegations that he struck Mr Evans several times when he was brought into Swansea Central Police Station on October 24 2022 with hands cuffed behind his back and that after the detainee was taken to a cell he then used a “dangerous restraint”, laying his hand in a “C clamp” across the back of his neck and that he struck him repeatedly with his knees.
Denying he used unnecessary, disproportionate and unreasonable force against Mr Evans, Sgt Davies said he did “take” him to the floor, strike and knee him, but these actions were necessary and proportionate. He said Mr Evans was 6ft 6inch tall, 17 stone and aggressive.
The detainee had assaulted officers on arrest, was verbally abusive and under the influence of drink and/or drugs. The hearing had earlier been told that after his arrest in Morriston Mr Evans was assaulted by former PC Jack Williams, who jailed for that in 2023.
An investigation was only launched into Sgt Davies’ treatment of the detainee after officers were briefed at the time that Williams was first investigated. No officers complained at the time of the incident, the panel was told.
Inspector Emma Jones, the senior officer who later decided Sgt Davies should also be looked at by professional standards had previously been the subject of a complaint by him. Questioned by the panel last week she denied there was a conflict of interest.
As his client gave evidence for the first time, his defence barrister Colin Banham told the panel Sgt Davies was waiting for the results of a test for possible ADHD and autism, which he had been referred to by his GP for, after starting the process himself privately. He said the custody sergeant, who had more than 20 years experience in the force, was shocked to be served misconduct papers on November 30 2022 and to be told the same day he must go to work in Porthcawl.
Sgt Davies said he had been off sick ever since with “generalised anxiety” and felt he was subject to “victimisation”. He said the force he used against Mr Evans in custody was entirely necessary, that no one had raised a complaint at the time and he was acting in accordance with training to minimise risk to himself, colleagues and the detainee.
He denied it was unprofessional of him to call Mr Evans a “f****** p****” and other insults, saying swearing was sometimes a way to get prisoners to comply in high risk situations, as this was. He said he had acted at all times accordance with training and risk assessment.
He told the panel he was highly experienced dealing with public order and violent individuals. His career had included crowd control at a Champions League final, security at a hotel with the former German Chancellor Angela Merkel and routine night duty in Cardiff and Swansea city centres.
On the night Mr Evans was brought in, his custody team had advance warning that he had assaulted officers, used a fire extinguisher to assault members of the public and was so aggressive on arrest he had to be cuffed, put in leg restraints and a spit hood after being sprayed. Sgt Davies agreed he had not been told that Mr Evans, who was highly agitated by the time he arrived, had been assaulted by Sgt Williams.
Once in the station Mr Evans threatened officers telling them “I am a hard c***” and “I am going to smash you all up” and Sgt Davies said he assessed the detainee as high risk. Jonathan Walters, representing the police authority, pointed out that despite these verbal threats Mr Evans was restrained with cuffs and video showed other officers at the scene appeared calm with leaning “nonchalantly” against the custody desk.
Sgt Davies denied he had lost his temper with Mr Evans and said his actions were to try to get him to comply, de-escalate the situation and take him to a cell. The custody sergeant said he took the cuffed prisoner to the floor because the other officer holding him moved away and he feared his arm would be “split” as he held the detainee.
He agreed he then took Mr Evans to the floor where he struck him with “hammer” punches. This had been necessary in the situation.
“He had been spitting and punching people and head butting (on arrest) and if he bites you you can be scarred for life or infected,” Sgt Davies told the hearing. “I believe his profile for behaviour was at the very, very top.
He went on: “I had pain in my right arm based on the fact my hand was through his cuffs. I had to act in a split second.”
The allegations
Sgt Davies, who joined South Wales Police in 2004 and became a sergeant in 2009, faces the following allegations, all of which he denies:
- 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 hearing continues
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