PCs who used Taser and baton on Donald Burgess at care home sacked

Assistant Chief Constable Peter Gardner said Burgess was in his own room, isolated from residents and posed no risk.

More information should have been ascertained from care home staff, he said.

Gardner added that Smith had shown a lack of remorse and insight into the inappropriateness of his actions, and the panel remained concerned by his evidence which stated he would not do anything differently.

While noting Comotto’s remorse and evidence that she would act differently, Gardner said the reputation of the police service, along with public confidence in it, must be upheld.

After the hearing, Deputy Chief Constable Paul Court said he was “appalled” by the officers’ actions and apologised to the Burgess family.

He said Smith and Comotto’s behaviour “in no way reflects the conduct of those who serve in Sussex Police, particularly when responding to incidents involving vulnerable people and those in crisis”.

He said police officers “can often find themselves in challenging and unpredictable situations, where they must make split-second decisions to keep the public safe and to do so with measure, compassion and skill.

“This was not one of those cases.”

Speaking after the hearing, Burgess’ great nephew, Jason Pye, called him “a much loved family man” who should be “remembered for the life he lived and not simply for the events which brought us to this point”.

He said justice had been served and dismissal from Sussex Police was “the only outcome there could have been” for Smith and Comotto.

He added: “I hope this is a warning to all officers who show that sort of behaviour going forward.”

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