Officer cleared of ‘excessive force’ in arrest
A POLICE officer caught on video telling a man to “chill out or I’ll choke you out” has been cleared of all misconduct charges.
PC Graham Kanes, 29, of West Yorkshire Police, was cleared of using excessive force in his use of a ‘neck hold’ on Ahmed Hassan, 27, who the officer had just seen punching a man.
The hearing had heard that Mr Hassan was a powerful man who had trained in Mixed Martial Arts. The officer had said his use of a neck hold was a ‘last ditch’ attempt to control Mr Hassan.
The officer said he was trying to stop Mr Hassan from resisting while back-up arrived and he denied using unreasonable force. He denied misconduct.
PC Kanes’ use of a ‘distraction strike’ on Mr Hassan was also considered to be reasonable force in the circumstances.
The officer had previously accepted that the language he used “may have been insensitive” and that he regretted using it.
Mr Hassan told the panel that he had inferred from PC Kanes’ use of language that the officer would “kill” him if he did not comply and said he was “tapping out”. He said he now suffered from PTSD and was having counselling. Jane Lakin, chairman of the misconduct panel, said the arrested man, Ahmed Hassan, had presented as an “extremely aggressive and violent individual” and had just punched a man with force in his face.
On the day in question, August 16 last year, PC Kanes, who had only recently passed his probation, was ‘single crewed’ and dealing with a public order incident in Spring Hall Gardens, Halifax, where a large crowd had gathered.
Ms Lakin described the officer as a ‘credible and consistent witness.’
She said the panel had concluded that PC Kanes did not intentionally attempt to apply pressure directly to Mr Hassan’s neck or throat.
Ms Lakin said the panel found that the ‘chill out or I’ll choke you out’ comments were a “bluff or shock statement intended to minimise the need for force.”
She said that Mr Hassan was able to “assume the sitting position and does not appear to be short of breath” after the hold had been released, and “does not appear hoarse or unable to speak.”
The panel said Mr Hassan’s focus after his arrest was “his car keys and mobile phone.”