Man Sprayed During Arrest Receives £22,300 in Damages

Owen Andrews has been awarded £22,300 in compensation from Merseyside Police after a special constable sprayed him in the face with an incapacitant gas at close range. The incident occurred on 10 June 2022, during a night out in Liverpool city centre, when Mr. Andrews was taken to the ground, arrested, and sprayed with Pava gas, a contemporary variant of pepper spray. Mr. Andrews, a 24-year-old from Dudley in the West Midlands with no prior criminal record, was subsequently transported in a police van and held in custody for 11 hours before being released without any charges. He informed the BBC that he was not provided with water to wash the potent chemical from his face until he reached the custody facility. Merseyside Police initially stated that an officer suspected someone might have been carrying a knife. However, the force’s legal representatives later admitted responsibility and consented to resolve the matter out of court, offering the financial settlement and a formal letter of apology. Video evidence of Mr. Andrews’ apprehension depicted him lying still on his back with his hands on his chest, as an officer instructed him to turn onto his front. Shortly thereafter, the officer can be heard yelling “Pava, Pava, Pava” before deploying the gas into his face. Mr. Andrews commented on the incident, stating, “It just made me not ever want to go back to Liverpool and keep away from Merseyside Police.” He added, “It’s actually put me off going out on nights out now, I’m kind of scared of the police and scared to speak to the police because of what’s happened.” The special constable involved in spraying Mr. Andrews was charged with common assault and underwent a trial at Manchester Magistrates’ Court in 2023, where a district judge acquitted him. Following a complaint from Mr. Andrews, Merseyside Police initiated an internal investigation. Nevertheless, its professional standards department concluded that the officer had “no case to answer” regarding misconduct. A letter sent to Mr. Andrews from the department stated that the special constable held a “reasonable albeit mistaken” belief that Mr. Andrews might possess a knife, thus deeming the use of force “reasonable.” Despite these findings, Mr. Andrews pursued a civil claim alleging false imprisonment and assault. Mr. Andrews described the experience of being sprayed with the incapacitant gas as intensely painful. He recounted, “It actually really affected me. I’ve got asthma and I couldn’t breathe, my eyes went completely swollen, I basically felt like I was dying because it was that strong and went all in my eyes and throat.” He added, “I was just dribbling and spitting all the way back to the police station.” Mr. Andrews recounted that he and his friends were walking along Seel Street towards their hotel after purchasing food from a Subway store when his friend gestured to a police van. He explained that he was walking in front of his friend when he noticed officers seemingly detaining his friend. Consequently, he chose to record the interaction, believing his friend “had done nothing wrong.” He stated, “I was a bit worried for my friend’s safety and him getting arrested, and if any of it went further and he got in some sort of trouble that obviously I’d have something documented.” Nevertheless, as he moved to the rear of the van to film his friend, an officer seized Mr. Andrews, tearing his T-shirt and forcing him to the ground. Iain Gould, Mr. Andrews’ solicitor from DPP Law, commented, “In this case, my client was brutalised and then threatened with being criminalised, all for the ‘non-crime’ of recording officers on his mobile phone.” He added, “The level of the damages he has secured demonstrates the seriousness of the police wrongdoing on this occasion.” Merseyside Police stated that the officer involved had completed a “reflective practice review” and that a “comprehensive” investigation had been conducted. The force further remarked, “When there is any suggestion that [our] standards have not been met, we will always take positive action and identify any learning.” For more content, listeners can access the best of BBC Radio Merseyside on Sounds and connect with BBC Merseyside via Facebook, X, and Instagram. Story suggestions can be submitted to northwest.newsonline@bbc.co.uk. Copyright 2024 BBC. All rights reserved. The BBC disclaims responsibility for the content of external websites. Information regarding our external linking policy is available.