A police officer who has been convicted of assault after using PAVA spray on a suspect – who was later convicted of 11 counts of robbery, two counts of criminal damage and two counts of racially aggravated public order – now faces misconduct proceedings.
PC Luke Wenham, attached to the Central South Basic Command Unit, appeared at Westminster Magistrates’ Court on Wednesday, 21 June, where was found guilty following a one-day trial of two counts of common assault.
On Wednesday, 17 August, PC Wenham was one of a team of officers who attended an address in Albert Barnes House SE1 to conduct an arrest inquiry for a violent male who was suspected of robbery.
Entry was forced to the man’s flat, but he climbed out of a window and began to scale down a drainpipe which ran the length of the block of flats.
As he did so, PC Wenham leant out of an open window and discharged PAVA spray at the man – who continued to climb down the pipe.
With other officers, PC Wenham attempted to locate the man, finding him on the balcony of another flat.
When officers found him, the man continued his attempts to escape, climbing down the outside of the building as before. Again, PC Wenham deployed PAVA on him.
When the robbery suspect was brought to safety, he was arrested and later convicted of 11 counts of robbery, two counts of criminal damage and two counts of racially aggravated public order.
Met policy dictates that any time an officer uses PAVA spray, the circumstances will be subject to review.
After reviewing PC Wenham’s actions, the matter was referred to the IOPC, which carried out an independent investigation.
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On 9 February, PC Wenham was charged with two counts of common assault.
He has been on restricted duties since the investigation started. Now that criminal matters have concluded, misconduct proceedings will commence.
IOPC director Steve Noonan said:
“Officers are instructed that any force they use must be necessary, reasonable and proportionate. At the time he was sprayed, the man was not posing an immediate risk to the officers or anyone else.
“The national guidance on PAVA spray lists some of the most common reactions on being exposed to it include the individual moving their hands to their face, their legs becoming weak and temporary blindness.
“It is clear that in spraying the man twice at considerable heights, PC Wenham exposed him to the genuine risk he could have lost his grip on the pipe and fallen, which would have likely had fatal consequences.”
Detective Chief Superintendent Seb Adjei-Addoh, local policing commander in Southwark and Lambeth, said:
“Officers know that their actions will be held to account and where any use of force is deployed, must always consider whether it was necessary and proportionate to the circumstances.
“It is clear in this case that not only was PC Wenham’s response completely disproportionate to the situation he faced but also, by doing what he did, he put a member of public at risk of harm.
“PC Wenham has let down not only himself but many hardworking police colleagues who strive to improve trust and confidence with our communities.”
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Ok, probably an unwelcome comment here, but why exactly should any of us give a crap about how this career criminal was detained? he had 11 previous for robbery? So double or treble that for a realistic number, so DOZENS of families not able to feel safe again, and, all this because he gets sprayed BECSUSE he was escaping from Police?? I do not care in the slightest, this piece of genetic waste would have been better as mouthwash for his mum, instead, some copper, who was only trying to stop another family from misery gets all kinds of legal grief, and likely lose his job… can someone, ANYONE tell me what is the point in joining the Police anymore?? You are supported by SOME of us, but against you are the bosses, cps and iopc and as many mp’s as feel like it…. why put yourself through it? No wonder so many are changing careers… I don’t blame them at all…. Why do we expect officers to be all polite and professional when dealing with scum that would happily see them hurt or worse.. that scum made the decision to run, all results of that decision should be on him, NOT the Police who have little choice but to pursue..
Absolutely spot on John.
Very unwelcome comment, if you want a society where you are guilty before being convicted then best you go and live somewhere else. The charge was common assault ffs it should have been attempted GBH.
Who is justice ? Sounds as pathetic as SEB whatever his name was.
Who ffs is justice ? He sounds as bad as seb whatever his name is. Hope ffs never needs any assistance.
Actions of anyone, depending on the circumstances, can be excused from conviction if a good act had unfortunate and unforeseen circumstances and if the decision to act was taken ‘in the agony of the moment’ and the decision to act was taken under circumstances that did not allow rational consideration before an alleged unlawful act occurred. This would appear to be worthy of greater consideration by an appellate Court for an up to date ruling in this issue and the full reasons for the conviction ascertained. Had current situation prevailed in 1969 when I joined I would have seriously reconsidered my career choice.
I wonder when Seb etc was last on the front line if ever. Absolutely pathetic response. No wonder everyone is leaving. By the way I did 30 years and 8 days mainly on CID doing the job we all loved. Been retired for 33 years and feel sorry for current personnel.