Jury takes just 30 minutes to unanimously acquit PSNI officer accused of causing grievous bodily harm; policeman had feared he might be kicked to death by ‘immediately aggressive’, drunk, half-naked, six foot, 20-stone man he was trying to arrest

The Downpatrick Crown Court jury deliberated for just half-an-hour before returning to unanimously acquit 29-year-old Const. Karl McClean of causing GBH to Patrick Russell.

Ardglass man Russell did not give evidence but the jury heard that during a bail check on 27 January 2023, the 41-year-old answered his door to police wearing just his underpants and was “immediately aggressive” towards officers.

Const. McClean heard his colleagues ask for assistance and he told the jury that when he moved a flower pot, fearing it could be used as a potential weapon by Russell, he told the officer if he touched it again “he would knock me the f*** out.”

At the time Russell was on bail and part of the conditions was a complete prohibition on consuming alcohol but during the bail check, Russell smelled of alcohol and he was slurring his words.

The jury heard it was accepted by the prosecution that that Mr Russell “has a record that includes numerous convictions for assaulting police.”

It was also accepted, prosecutor Briege Gilmore told the court, that at the time of the incident Russell “had drink taken” and further that when he was under the influence of alcohol, that he “is prone to violence”.

Const. McClean told the jury that as he reached forward to handcuff Russell, the drunk, half naked, six foot, 20-stone complainant snapped his hand back and then lunged forward, punching him to the head “without warning”.

The jury heard how a struggle ensued where Russell had gripped on to Const. McClean’s body armour and was trying to drag him to the floor when the officer, fearing that he would lose consciousness, reached above him and punched Russell several times.

At the time, however, Const. McClean was holding a pair of metal handcuffs and the force of the blows knocked out three of Russell’s teeth.

With that injury obviously causing bleeding, Russell repeatedly spat in to the face, mouth and eyes of Cont. McClean, causing puncture wounds to his hand when he bit down and he called out to two “pit bull type dogs”.

Giving evidence on his own behalf, the 29-year-old officer told the jury that as well as fearing that Russell could “kick me to death” if he managed to get him down on the floor, he also feared that Russell could take his gun from its holster.

He told the jury that as well as kicking, biting and spitting, Russell also threatened “to shoot me, to blow me up, to blow my family up, to murder my family and to come to my house and blow it apart.”

Const. McClean told defence KC Ian Turkington that in his opinion, his actions were “absolutely proportionate…absolutely necessary - I have to defend myself and I have the right to defend myself; it was the only actions I could take at the time.”

“Why did you feel the need to strike him,” Mr Turkington asked the officer, and Const. McClean told him how Russell was “getting the better of me so I had no other option”.

“I couldn’t access any of the equipment on my duty belt so I had to defend myself,” said the officer, claiming that his fear was that “if I had gone to the floor I believe that he would have kicked me to death.”

The jury also heard that a sergeant had come to assist the constables but even after limb restraints were placed on Russell, “he managed to reach up and grab the Glock on the sergeant’s duty belt.”

“Thankfully he wasn’t able to unhook the safety release but he was trying to get the gun and this was in circumstances where he had threatened to kill, shoot and blow us up,” said Const. McClean.

His colleague told the jury that when Russell answered the door wearing just his underwear he “exposed his penis” and declared “suck on that.”

By their verdicts the jury have clearly accepted Const. Russell’s account that he believed he was acting in self defence during the incident.