A disciplinary panel is considering a gross misconduct allegation against a South Wales Police officer, referred to as Officer A, who held down the head of a man, Mohamud Hassan, who later died, out of fear that he would spit at him.
Mohamud Hassan, 24, died on January 9, 2021, after being found unresponsive in his Cardiff flat, following his arrest and subsequent release. The sergeant in question was on duty at Cardiff Bay Police Station, where Mr. Hassan had been detained on suspicion of breaching the peace.
Before his arrest, Mr. Hassan had a cut to his face and spat from the window of his flat toward officers responding to reports of an assault. He appeared intoxicated and shouted that he was "having a fit" and that officers were "trying to kill him." A spit hood was placed over his head, but he managed to move his handcuffs from his back to his front and remove the hood while in the police van.
The hearing was previously informed that an investigation by the Independent Office of Police Conduct "did not find that time spent in custody was a contributory factor in his death." Police bodycam footage showed Mr. Hassan behaving aggressively while in custody.
Officer A testified that he held Mr. Hassan's head down to prevent him from spitting at officers and himself because he considered it "a violent act." He denied resenting Mr. Hassan for being "belligerent and uncooperative" and stated that the "hocking noise" triggered his actions.
Officer A, an experienced custody sergeant who received a commendation for his actions during his policing career, maintained that his use of force was not gross misconduct.
Dean George KC, representing Officer A, argued that the incident took place during the height of the pandemic, when officers were "risking life and limb in a way they had never before," and that the evidence presented did not amount to gross misconduct.