During an unlawful arrest, PS Hayes of Lancashire Police deployed his PAVA spray into my eyes.
The arrest was ruled as UNLAWFUL by magistrates in 2014. The courts also ruled that PS Hayes was NOT acting in his lawful execution as a police officer, this means, his status was no more than that of a mortal member of the public.
PAVA is a firearm. https://www.legislation.gov.uk/ukpga/1968/27
Any use of a firearm is illegal unless there is lawful reason.
A complaint had to be made to Lancashire police about this incident. It was thought that being a ‘serious incident’ Lancashire police would have triggered an investigation especially as the courts ruled the arrest was unlawful and that the police officer Hayes was not acting within his execution of his duties.
Lancashire police have refused to record this as a complaint. They have said that it has been previously ‘investigated’ and the investigation is now closed. This is utter rubbish, how can it have been investigated? Their alleged investigation has not included an interview or a statement from me, the victim!
My wife witnessed the use of PAVA and so did my parents. Neither my wife or parents have been interviewed.
They were the only witnesses other then myself and one other police officer. It seems that Lancashire police feel that only police officers should be interviewed.
Remember, this has been to court and the court stated that PS Hayes was not acting in the execution of his duty.
The magistrates stated (original magistrates notes below):
“We find that the officer [PS Hayes] at the point of the struggle was not acting in the execution of his duty, and therefore the offence is not made out.”
Lets for argument sake say this is a ‘grey area’, even though the above is a UK Court ruling that the officer was not acting legally.
This should be investigated properly. This includes interviews and statements from all involved and all witnesses. NONE OF THIS WAS DONE, WHY?
I further request for this to be dealt with as a complaint has been met with further resistance from Lancashire police asking for some sort of justification for this to be investigated. This is the letter that has been sent to them. Their response will be posted in due course.