The Police Ombudsman, Mrs Nuala O'Loan, has backed a call from a police officer in Enniskillen that the Police Service of Northern Ireland should look again at its CS Sprays after one of its canisters failed to work properly and discharged into the face of the officer using it.
"There appears to have been a problem with the CS Spray canister and on the second occasion the officer went to use it, the discharge of CS gas was blown into his face and caused him momentary incapacitation.
"This put him at risk because at the time he was dealing with a threatening crowd of five men," she said.
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.
The incident which has caused Mrs O'Loan this concern happened on August 14 2004 when police received a call that a fight had broken out at a public house in Enniskillen Police arrived at the scene and were told that the alleged culprits had made off in the direction of Cross Street.
When police officers found the men one of them in particular became threatening. Although the officers pushed him away he continued to walk towards them and threaten them. Following a warning to the man, one of the officers discharged his spray.
Another of the men grabbed the officer, who pushed him away. The man continued to try to assault the officer, who then fired his CS Spray. However, due to a malfunction only a mist of spray was released, which blew into the officer's face. This caused him to drop to his knees. Two of his colleagues were also affected.
The men were then arrested by other officers. One of the men was later fined for Disorderly Behaviour and the other for Criminal Damage.
When Police Ombudsman investigators began looking at the incident they sent letters to the men involved, asking for their version of events. There was no response.
The Police Ombudsman Mrs Nuala O'Loan has concluded that the officer was right to use the spray:
"He had a very real fear that he or a colleague was going to be assaulted, " she said.
The Police Ombudsman recommended that the police alert all officers to the potential difficulties with the CS Spray. She also suggested the possible removal or reduction in size of the seal of the CS canister.