A 92-year-old amputee who was sprayed and tasered by police officers after he threatened care home staff with a knife was “suffering delirium”, a jury was told.
Pc Stephen Smith, 51, and Pc Rachel Comotto, 36, are on trial at Southwark Crown Court accused of using excessive force on Donald Burgess during an incident at Park Beck care home in St Leonards-on-Sea, East Sussex, in June 2022.
The care home had called 999 after Mr Burgess, a single-leg amputee and wheelchair user, reportedly grabbed a knife he was given to cut his food and threatened to stab staff.
Smith allegedly emptied a full canister of synthetic Pava spray into Mr Burgess’s face and struck him with a baton, with Comotto deploying her Taser, all within a minute and 23 seconds of entering the wheelchair-bound pensioner’s room.
Mr Burgess was taken to hospital after the incident and later contracted Covid.
He died 22 days later aged 93.
Colin Banham, defending Comotto, told jurors during his closing speech his client acted out of a “fair and honestly held belief” that Mr Burgess would harm himself.
“Mr Burgess was in fact suffering of delirium, acting completely out of character, we know that now, we didn’t know that then,” he told jurors on Tuesday.
“There’s a fair and honestly held belief that he may harm himself in his delirium state.”
The officers had been told on their way to the care home Mr Burgess may have had dementia, although this was not the case.
Denis Barry, defending Pc Smith, told jurors the officers were dispatched under a grade one call, meaning it was treated as the highest level of emergency.
“It is a category one call for a resident with a knife who is threatening to stab staff,” he said.
“Their job is to get the knife out of Mr Burgess’s hand.
“That is why they ask him to drop the knife almost 20 times.
“Of course, we don’t like the way in which Mr Burgess is being spoken to.
“But, sometimes, people just have to do what they are told, especially if they are brandishing a knife at police officers.”
Deputy care home manager Donna Gardner and the care home manager Steve Cooper previously told the court Mr Burgess had been threatening staff for more than 30 minutes with a serrated knife before they decided to call 999.
Mr Cooper also described how Mr Burgess jabbed the knife towards him and told him: “I’m going to murder you, and I’ll enjoy it.”
Mr Barry told jurors: “If he (Pc Smith) had spoken to Mr Cooper before they went in, Mr Cooper would have said when he was in that room he felt as though he was going to be stabbed.
“He couldn’t believe how quickly he (Mr Burgess) was able to move.
“Donna Gardner would have told them they tried all different ways and tactics of persuasion.
“They both tried to reason with him and they called the police because they are not trained in restraint.”
Smith denies two counts of assault occasioning actual bodily harm for his use of Pava spray and for using a baton, whilst Comotto denies one count related to her use of Taser on Mr Burgess.
The trial continues.
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