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The IPCC managed Greater Manchester Police’s investigation into the incident and as a result of the findings three officers faced a disciplinary hearing.
One police constable – the officer who struck the detainee - had charges relating to use of force, abuse of authority and honesty and integrity proven against him and he was required to resign. A second police constable had a charge of breach of lawful orders relating to failing to report the actions of his colleague proven and has been fined four days pay.
The third police constable faced a charge relating to honesty and integrity, but this was not proven.
The incident took place in Clifton on 5 July 2007, when three officers from the Tactical Vehicle Crime Unit, based in Eccles, responded to a report that an Audi S3, which had been stolen during a burglary on a house in Swinton earlier that day, had been spotted.
One of the officers, patrolling on foot, located the Audi in Cumberland Avenue in Clifton and radioed his colleagues. The officer approached the Audi at which point the driver began to reverse. One of the officer’s colleagues arrived in an unmarked police car and blocked the Audi in.
The Audi then reversed into the police car in his attempt to escape. The driver of the unmarked police car then decided to ram the Audi as he feared his colleague who was still on foot was about to be knocked over.
However the stolen Audi managed to drive away into Sussex Avenue, pursued by the officer on foot and the officer driving the unmarked police car.
The Audi crashed into a garage in Sussex Avenue as the driver tried to jump out. As a result he was trapped in the vehicle.
The officer driving the unmarked police car was first on the scene, followed closely by the officer on foot. The officer on foot sprayed the man with CS incapacitant and then handcuffed him.
At this point a third member of the team arrived in another unmarked police vehicle, followed by a police dog handler. On the in-car video footage the third member of the team is seen to climb over the bonnet of the Audi and strike the driver - who was handcuffed at this point - three times to the body.
One of the other officers - the one driving the first unmarked vehicle on the scene - witnessed the incident but failed to report it.
The Audi driver sustained a broken wrist and superficial injuries. Although he claimed the broken wrist was caused by the blows from the officer, the medical evidence suggested the injury was caused when the Audi crashed.
The man pleaded guilty subsequently to burglary and theft.
Ms Naseem Malik, IPCC Commissioner for the North West, said: “These officers were involved in a dangerous and chaotic situation. They were trying to arrest a man with a history of offending who was determined to escape.
“However, the bravery and determination they showed in detaining the man was then undermined when one officer acted inappropriately and without justification by striking the man while he was handcuffed. His behaviour was totally unacceptable and his actions have now resulted in the ultimate disciplinary sanction.”
Ms Malik added: “The actions of the second officer who failed to report the incident are clearly not as serious, but are of concern. We expect police officers to act with honesty and integrity in their work and this includes challenging and reporting inappropriate behaviour by their colleagues.”
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