Misconduct outcome for PC Nyamekye Lewis

Misconduct hearing outcome 

Officer concerned: PC Nyamekye Lewis

Dates of hearing: 20 to 22 November 2024

Summary

On the 15 January 2023, police were called to the Hammersmith Apollo in West London, because a customer, Mr Locke had been detained by security staff. PC Lewis attended the scene along with other officers.

There came a point in time when Mr Locke was detained on the floor in a sitting position (in handcuffs). One of his friends arrived and gave him some water. Mr Locke was seen to spit some of this water out onto the ground and subsequently dry spit in the direction of one of the other officers accompanying PC Lewis.

Following the dry spit by Mr Locke towards the officer, PC Lewis struck Mr Locke on the rear side of his head from behind whilst he was still detained, on the floor and in handcuffs.

It was alleged that the blow struck at Mr Locke’s head constituted excessive force, such force being not necessary, proportionate or reasonable in all the circumstances.

It was alleged that this conduct constitutes a serious departure from the following standards within the schedule to the Police Conduct Regulations and therefore amounts to gross misconduct namely: Discreditable Conduct and Use of Force

Decision

Allegation 1: Following the dry spit by Locke towards an officer, PC Lewis struck Mr Locke on the rear side of his head from behind whilst he was still detained, on the floor and in handcuffs.

The panel found this allegation proved on the balance of probabilities.

Allegation 2: It was alleged that the blow struck at Mr Locke’s head constituted excessive force, such force being not necessary, proportionate or reasonable in all the circumstances.

The panel find this allegation not proved on the balance of probabilities for the reasons detailed below.

Having considered all of the information, the panel concluded the allegation that PC Lewis had used excessive force not proved. 

The panel found that PC Lewis's conduct constitutes a serious departure from the following standards within the schedule to the Police Conduct Regulations and therefore amounts to gross misconduct namely: Discreditable Conduct and Use of Force.

Having found the allegation that PC Lewis had used excessive force when he struck Mr Locke not proved, the panel concluded that PC Lewis had not breached the standard of Use of Force.

The panel carefully considered whether the allegation of Discreditable Conduct was found proved.

The panel determined that in light of all the circumstances of this case, PC Lewis’s actions did not breach the standard of Discreditable Conduct.

The panel recommended that the officer undertakes reflective practice in relation to this incident.