Pepper Spray Rap For Police

David Goacher, 23, and a 17-year-old who cannot be named for legal reasons, were both found not guilty of obstructing the police following a trial at Chichester Magistrates Court on Friday.

They now plan to make an official complaint through the Police Complaints Authority (PCA) over the incident.

The court heard that five police officers used the spray in an early morning raid on a house in Littlehampton in September. It causes a stinging sensation in the eyes and temporary breathing difficulties.

Mr Goacher said there was so much of the vapour in the hallway that police themselves had to keep leaving the house to breathe fresh air.

He claimed he was only two feet from the door when officers sprayed the substance in his face through a window they smashed to get into the house. He understood the minimum safe distance was six to seven feet.

Eight officers, all believed to be based at Worthing, had gone round to the house in a search for another man wanted in connection with an alleged assault.

Mr Goacher told them the man was not there, and said police became agitated when there was a delay in the door being opened while he went to get the house owners, who were asleep.

He was returning to the door when the window in it was smashed and he was sprayed.

"It really stung. Imagine getting the hottest chilli, putting it under your eye, and multiplying it eight times. That was what it was like.

"You can t see anything and if you open your eyes, they automatically shut again. You are constantly choking on the fumes and vapour.

"The police officers had to keep going outside to get their breath because there was so much of the stuff in the house."

Once inside the house, officers also sprayed the 17-year-old, who was standing at the top of the stairs.

"He sprayed me directly in the eyes. Another officer sprayed me, too, at the same time. I couldn t see anything after that.

"The house was like a war zone. All the rooms were gassed out. Police said in the court it was like a thick mist. It

was two or three days before you could take a breath in the house without wanting to choke," said the teenager.

Neither man suffered any lasting effect from the spray, but both were shocked by what they claimed was an over-reaction by the police.

Mr Goacher said CID officers called at the house three days later with the spray in their hands and said if they weren t allowed inside, "you will get the same as you got last time".

The men s solicitor, Robin Parslow, said the spray should be used only in the most exceptional circumstances. "Since it has been issued, there has been a great deal of concern about the use of this spray.

"This seems to have been an appalling and excessive misuse. The magistrates themselves said the police had been over-zealous in their use of the spray."

Mr Parslow added that a claim against the police was also being considered for damage to the door.

Sussex police became the first force in the UK to use the pepper spray also known by its brand name "Captor" when it launched a trial of the substance in April.

Nick Sandford, spokesman for the Highdown police division, said the force was unable to comment on any possible complaint regarding the use of Captor spray until a complaint was received and investigated.