The Police Ombudsman has concluded that a police officer was justified in using CS Spray against a man who tried to prevent the arrest of his nephew during an incident at Limavady in November 2004.
It happened shortly after midnight on 27 November 2004 when two police officers approached a group of four people who they said had been shouting obscenities at them.
In statements provided to Police Ombudsman investigators, the officers said that when they approached the group - three men and a woman - one of the men pushed an officer and used abusive language. The officer arrested the man and placed him into the back of the police car.
The man's uncle then opened the car door and let the man out again. A struggle ensued when an officer tried to get him back into the car. Both men fell to the ground.
Meanwhile, another officer was trying to keep the other man back and twice warned him that CS Spray would be used if he did not calm down. The man became more agitated and clenched his fists before lunging at the officer. CS Spray was then discharged at the man's face from a distance of about five feet.
This man was also arrested and the officer instructed him not to rub his eyes. The officer then went to help his colleague who was still on the ground struggling with the other man.
Other officers then arrived and assisted in getting this man back into the police car.
Police Ombudsman investigators received statements from the two men who had been involved, and a woman who was also in their company.
The man who was sprayed made a complaint to the Police Ombudsman, stating that the police had been heavy-handed and that the use of CS Spray was unjustified. Investigators received a copy of the man's medical records which showed that he had suffered inflamed eyes and skin consistent with having been sprayed with CS Spray.
In their statements, the two men and the female said the police car had pulled up beside them and two officers had jumped out and confronted them. The man who was sprayed said he had intervened when a police grabbed the other man, his nephew.
He admitted being verbally abusive to police, but said they too had used bad language. He said he had drunk three bottles of beer on the night of the incident.
The other man said he asked an officer to let go of him as he was being choked. He said a struggle ensued when his uncle intervened to try to release him. He claimed the use of CS Spray had been unjustified as his uncle had not attacked or threatened anyone.
The female witness also stated that police had choked one of the men. She said the incident should never have happened as none of them had done anything wrong, and claimed one of the officers had acted like a thug.
No CCTV footage of the incident was available.
After reviewing the evidence of the case, the Police Ombudsman, Mrs Nuala O'Loan, said it was clear that there had been resistance to the police as they tried to arrest a man.
She said the use of CS Spray had been "justified and proportionate" given that the man sprayed was becoming increasingly agitated and threatening violence.
A file was sent to the Public Prosecution Service, which directed that the officer who used CS Spray should not be prosecuted in relation to the incident.
The incident was one of over 60 uses of CS Spray investigated by the Police Ombudsman's Office, which was asked by the Chief Constable to investigate all uses of the Spray during the first five months following its introduction to Northern Ireland in the summer of 2004.