Scotland’s police watchdog has launched an investigation after a man died in hospital the day after being pepper-sprayed by police.
The police investigations and review commissioner (PIRC) said Alan Hay, 50, from Dalbeattie, was rushed to hospital when he fell ill minutes before he was due to be checked in at Barlinnie prison the day after his arrest over a disturbance.
Police Scotland officers used a pepper spray incapacitant known as Captor PAVA during the incident, which took place on Monday.
It is the second recent death involving Police Scotland’s use of pepper spray. The force is under criminal investigation by the PIRC and the Crown Office after the death of Sheku Bayoh, who died last year as he was being held down on a pavement, seconds after being hit with pepper spray and CS gas.
The Scottish Prison Service said Hay had collapsed as he left a G4S van which had brought him from court, but before he could be booked into the prison. “Health care staff at the prison gave him first aid and an ambulance was called; he was taken into hospital and died later,” a spokesman said.
The Scottish Prison Service said in a statement: “Alan Hay, 50, an untried prisoner has died in G4S custody. He was remanded at Dumfries sheriff court on 2 August 2016. Police Scotland have been advised and the matter will be reported to the procurator fiscal. A fatal accident inquiry may be held in due course.”
The PIRC said the commissioner had asked prosecutors at the Crown Office and Procurator Fiscal Service (COPFS) to launch the inquiry into Hay’s death. But that investigation would not examine his transfer from court to Barlinnie.
“The investigation will focus on the discharge of PAVA, and the period while the man was in police custody before being transferred on 2 August 2016 into the custody of the Scottish Prison Service following his appearance at court.
“The man fell ill later that day and was taken to hospital for treatment but died shortly after. A report on the commissioner’s findings will be submitted to the COPFS in due course.”
Aamer Anwar, the Bayoh family’s lawyer, said: “It would be premature to comment on this tragic case at this stage without the full facts, but I hope that PIRC has learned lessons from the disastrous manner in which it began its investigation into the death in custody of Sheku Bayoh.
“All Police Scotland officers should be aware that following the use of sprays on an individual he must be monitored for several hours later as complications such as asphyxiation can occur, which can lead to death.
“This is an area that PIRC will of course have to consider, but Mr Hay’s family are entitled to more than minimal answers. They must be provided with a robust and impartial inquiry that leaves no stone unturned.”
An official report by the Association of Chief Police Officers (Acpo) in 2012 said: “PAVA primarily affects the eyes causing closure and severe pain. The pain to the eyes is reported to be greater than that caused by CS.
“The effectiveness rate is very high once PAVA gets into the eyes. However, there have been occasions where PAVA has failed to work, especially when the subject is under the influence of alcohol.”
No details have been released about the cause of Hay’s death, but the Acpo document says PAVA spray can cause skin blistering and breathing problems. People hit with it need to be watched to the same degree as a detainee affected by drink or drugs.
“Close monitoring of a subject throughout the recovery period is of utmost importance,” it said. “If the individual experiences difficulties in resuming normal breathing then medical assistance must be sought immediately and must be given precedence over conveying the subject to the police station.”
