The Police Ombudsman has concluded that police were justified in discharging CS Spray at a man who resisted arrest during an incident at Enniskillen in September 2004.

The incident happened in the Drumbawn area of the town, shortly after 5pm on 22 September 2004.

Two police officers had gone to a house to arrest a man on suspicion of causing criminal damage. As they attempted to arrest  him, the man became abusive and acted aggressively towards officers. Twice he wrenched himself free of the grip of a police officer who was trying to lead him away from the house.

The officers reported that the man was also verbally abusive and at one point adopted what they described as "a boxer's stance."

One of the officers warned the man that if he did not calm down CS Spray would be used. He did not comply, and instead made a movement which one of the officers said led him to believe he or his colleague was about to be attacked.

The officer then shouted "CS Spray", and discharged a single burst of the spray at the man's chest. The man turned around as the spray was discharged, causing some of it to fall onto his back, and then ran off from the scene.

The officers told Police Ombudsman investigators that they did not give chase as they believed the CS Spray would take effect and allow them to arrest the man without a struggle.

However, an officer stated that when the man had run a distance of about 60 yards he turned around and shouted that he was going to kill the officer. He then ran off again, and one of the officers noted that the spray seemed to have had no effect on him.

Despite searching for the man, the officers were unable to find him that night, but he was subsequently arrested on the 13 October 2004 when he denied making any threats to kill or resisting arrest. He stated that an officer had squeezed his arm tightly before spraying him with CS Spray.

The incident happened during the first six months after the introduction of CS Spray to Northern Ireland, a period during which all discharges of the spray were referred to the Police Ombudsman for investigation.

Having considered the evidence of the case, the Police Ombudsman Mrs Nuala O'Loan, noted that the man who had been sprayed had "aggressively resisted arrest" and had "raised his arms in a threatening manner."

She concluded that the officer had been justified in using CS Spray in order to prevent an assault on himself or his colleague.