PSNI officer on trial for inflicting grievous bodily harm tells court he 'feared for his life' during incident in January 2023

Giving evidence to Downpatrick Crown Court on his own behalf, Const. Karl McClean told the jury that as well as fearing that Patrick 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 it’s holster.

Outlining how the underwear clad Russell was much larger and heavier than him, the officer told the court that during the incident the complainant punched him, bit him, spat blood and saliva into his face, eyes and mouth, called “two pit bull type dogs” to try to attack him and his colleagues and 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.”

He 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.”

Const. McClean, age unknown, whose address has been given as c/o Downpatrick PSNI station, is charged with causing GBH to Mr Russell on 27 January 2023 and the jury have heard how the complainant had three teeth knocked out when police called at his home to check he was complying with bail conditions.

Opening the Crown case against the officer, prosecuting counsel Briege Gilmore told the jury how Russell “became aggressive to police and in particular, lashed out at the defendant Const. McClean,” revealing that Mr Russell “has a record that includes numerous convictions for assaulting police.”

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

During an investigation by the Police Ombudsman, Const. McClean told their officers “that he acted to defend himself” but the prosecution contend that “he was using excessive force on Mr Russell when he punched him.”

Taking the witness box on Tuesday, the officer claimed Russell’s attitude when he opened the door to police was immediately aggressive to the police, adding that when he moved a flower pot as it could have ben sued as a weapon, Russell told him if he touched it again “he would knock me the f*** out.”

When the 6ft, 20-stone Russell answered the door to his Ardglass home, he was only wearing underpants and the jury heard that despite being on bail conditions not to consume alcohol, there was a smell of alcohol on his breath.

Const. McClean said the breach of court bail was the reason he decided to arrest Russell but when he tried to put handcuffs on him, the complainant snapped his hand away and then punched him twice to the face “without warning.”

He told the jury what with Russell holding him by the body armour “in like a rugby grip,” he was struggling to stay on his feet and struggling to stay conscious and his concern was that if he blacked out or was taken to the floor “I cannot defend myself from further attack and that potentially, that gun can be used against me or my colleagues.”

It was in those circumstances, with the “extremely violent” Russell “still trying to punch me” that Const. McClean said he punched back, striking him three or four times to the face.

Describing that during the struggle Russell managed to “shove the door open” and call for the two pitbull type dogs to come, Const. McClean told the jury the sequence of his actions was that he struck Russell, “gave verbal instructions” for him to stop, paused and then struck again in self defence.

“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 trial continues.

At hearing.