Police pepper spray probe after man dies

THE police watchdog is investigating how a man died in hospital after being pepper-sprayed during his arrest.

Alan Hay collapsed on the way to prison following an appearance at Dumfries Sheriff Court on Tuesday.

The 50-year-old died later in hospital.

On Monday police had used an ‘incapacitant’ spray known as Captor PAVA on Mr Hay while arresting him following a disturbance in Dalbeattie, Kirkcudbrightshire.

The spray is more potent than CS gas but it is claimed to be safer for users and bystanders.

It works by primarily affecting the eyes, causing them to close. Dispensed from a hand-held canister, the spray can also cause severe pain.

A spokesman for the Police Investigations & Review Commissioner (Pirc) said: ‘The Crown Office and Procurator Fiscal Service (COPFS) has instructed the Police Investigations & Review Commissioner to undertake an investigation into police contact with Alan Hay.

‘The investigation will focus on the discharge of PAVA and the period while the man was in police custody before being transferred on August 2 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.’

The commissioner is already investigating a separate incident in Edinburgh in April, in which PAVA spray was used on a 22-year-old man.

Pepper spray is also alleged to have been used by officers to restrain Sheku Bayoh, 31, who later died in police custody in Kirkcaldy, Fife, on May 3 last year. The father of two had been confronted by several officers after members of the public called police to report a man wielding a knife and acting erratically.

At the time of Mr Hay’s death, he was in the custody of the Scottish Prison Service.

He was travelling to Barlinnie prison in Glasgow and collapsed shortly after leaving a vehicle.

Mr Hay, who lived in Dalbeattie, had been accused of struggling with police officers and brandishing a pickaxe at them.

He pleaded not guilty to assaulting the officers and also denied striking and damaging a garden wall with a pickaxe.

In 2013, he had admitted assaulting a police officer at Castle Doug- las Police Station, in the Kirkcudbrightshire town, and was fined £550. He had been charged with punching the police officer on the face, repeatedly head-butting a police vehicle and committing a religiously-aggravated breach of the peace.

A police spokesman said yesterday: ‘Our thoughts and condolences are with the family at this time.

‘The circumstances relating to this death have been referred to the Police Investigations and Review Commissioner.

‘It would be inappropriate for Police Scotland to comment further whilst Pirc considers these.’

A spokesman for the Scottish Prison Service said: ‘Alan Hay, 50, an untried prisoner, has died in G4S custody.

‘He was remanded at Dumfries Sheriff Court on August 2, 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.’

‘He fell ill later that day’