The Police Ombudsman has said a police officer was right to have used CS Spray during fighting at Atlantic Avenue in Belfast.

For a limited period following the introduction of CS Spray, the Police Ombudsman's Office was asked to investigate all uses of the device by officers.

One such incident happened just after midnight on December 9 2004 when a number of officers in a police vehicle noticed two men and two women. One of the men was shouting and screaming and appeared to be drunk.

The police officers spoke to the man and warned him about his behaviour.  Undeterred, the man approached them with his fists clenched. One of the officers used his CS Spray and the man was arrested.

Police Ombudsman investigators established that there was no CCTV coverage of the events that night.

They contacted the man who had been sprayed to get his account of what happened that night but did not receive any response. 

The man later appeared in court and was convicted of disorderly behaviour and assaulting police.

The Police Ombudsman Mrs Nuala O'Loan has concluded that the officer was right to use the spray:

"The police officer was in the position of having to make a split second decision as to whether to use the CS Spray. There is no evidence to suggest that what happened was anything other than how the officer has described it. 

"He was faced with a situation where immediate action was needed to stop the threat posed to himself and his colleagues. He had little option other than to use the spray," she said.