Two Sussex Police officers dismissed for inappropriate use of force towards disabled care home resident in St Leonards

Two Sussex Police officers have been dismissed without notice for inappropriate use of force against an elderly and disabled care home resident in St Leonards.

PC Stephen Smith, 52, and PC Rachel Comotto, 37, were subject to a gross misconduct hearing from Monday, 28 September, to Tuesday (6 October).

It was alleged that PC Smith used inappropriate force against a member of the public; and that PC Comotto used inappropriate force against a member of the public and placed an inappropriate comment about the incident on Facebook.

On 21 June, 2022, the officers attended a dementia care home in St Leonards following a report of a resident with a knife who was threatening staff. Whilst there, the officers used force including a Taser, PAVA spray, handcuffs and a baton, against resident Donald Burgess, who was 92 at the time of the incident.

Mr Burgess was taken to hospital following the incident and died three weeks later; however the available evidence did not indicate the officers’ actions caused or contributed to his death.

The allegations against the officers were today (6 October) found proven at a gross misconduct hearing led by a legally qualified chair. The hearing found both officers breached standards of professional behaviour, namely Authority, Respect and Courtesy; Use of Force; and Discreditable Conduct, amounting to gross misconduct.

Both officers were dismissed without notice and added to the College of Policing’s Barred List, prohibiting them from working in policing in future.

Deputy Chief Constable Paul Court said: “Like many, I was appalled by the officers’ actions, and I would like to apologise to Mr Burgess’ family for their conduct during this upsetting incident.

“The force used against Mr Burgess by these officers was excessive, unnecessary and in no way reflects the conduct of those who serve in Sussex Police, particularly when responding to incidents involving vulnerable people and those in crisis.

“Police officers can often find themselves in challenging and unpredictable situations, where they must make split-second decisions to keep the public safe and to do so with measure, compassion and skill. This was not one of those cases.

“Any use of force must be reasonable, necessary and proportionate and officers know they will be held accountable for their actions every time.

“I expect our officers to show empathy to people, to demonstrate restraint in their actions and to show humility and courage when things go wrong. The absence of these qualities make these two officers unsuitable to serve the communities of Sussex, and they have rightly been dismissed without notice from our force and will be unable to work in policing again.

“Our thoughts remain with the family of Mr Burgess.”

Last year, PC Smith was acquitted by a jury of two counts of assault occasioning actual bodily harm (ABH) and PC Comotto was acquitted of one count of ABH at Southwark Crown Court.

The criminal investigation and subsequent misconduct proceedings followed an investigation by the Independent Office for Police Conduct.

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