Officer batoned and sprayed disabled man, says fellow PC

Published on Wednesday 21 April 2010 22:51

A POLICE officer slapped a drunk disabled man, hit him with his baton and then fired CS spray in his face, a court heard yesterday.

PC Alan Heap's alleged victim, Ewan MacWilliam, 26, was so intoxicated he could not stand, according to the officer's colleague, Constable Susan Walker. She described how Heap, 41, "lost his temper" and attacked Mr MacWilliam, who was handcuffed, because he refused to get into a police van.

PC Walker told Inverness Sheriff Court: "I was not happy about what had happened. I was upset. I did not think he (MacWilliam] should have been batoned, sprayed and slapped."

Heap, 41, faces a charge of assaulting Mr MacWilliam at Keppoch Road in Culloden, Inverness, on 28 February last year. The constable, who denies the charge, faces losing his job if convicted.

PC Walker, 30, said she and colleague Blair Lawrie spotted MacWilliam slumped at a bus stop at around 9pm on the Saturday evening.

The court heard Mr MacWilliam, who suffers severe learning difficulties, had been watching a Rangers football match earlier in the day and had been drinking heavily.

PC Walker said they were concerned for his welfare and called on Heap to collect Mr MacWilliam and take him to a drying-out centre. She and PC Heap tried carrying him to the police van, but Ms Walker said: "He was intoxicated.

"He was unstable on his feet and I lost my grip. He fell to the ground, face down. After a slight struggle he was handcuffed."

The PC said Mr MacWilliam refused to get into the van, although he eventually sat on the edge of the vehicle.

She added: "He was sitting on the edge, still not going in. That is when Heap pushed MacWilliam and slapped him to his face.

"It was not a gentle slap. Tempers were getting flared. PC Heap was losing his temper. There was a lot of shouting at MacWilliam to get in his van.

"MacWilliam swore. I think he said, 'don't f****** slap me'. He slapped him again. MacWilliam was starting to get quite upset."

The PC described how they again attempted to get Mr MacWilliam further into the van, without success.

She added: "He kicked out. That is when Heap took his baton out and struck MacWilliam to his legs. It was two or three times. Heap then took out his CS spray and sprayed MacWilliam's face."

Eventually, they managed to get him into he van and Heap drove off.

PC Walker made a statement the following morning and later spoke to Northern Constabulary's Professional Standard Unit.

Mr MacWilliam later gave evidence and said he remembered drinking earlier in the day, watching a Rangers match, but could not recall the encounter with police. The trial continues.