Police officer who 'pushed and punched' wheelchair-bound disabled man in town centre is cleared by watchdog

Daily Mail​

08-05-2025

A police officer who appeared to punch a disabled man in a wheelchair will not face disciplinary action, the police complaints watchdog has announced.
Shocked witnesses claimed to have seen the male constable 'pushing and punching' one-legged Michael McQueen after using PAVA spray during the incident in the centre of Great Yarmouth.
Norfolk Police said at the time that the officer had been threatened with a glass bottle and spat at by a 'verbally abusive' man.
It added he had not been suspended but had taken time off duty immediately after it came to light.
The matter was referred to the Independent Office for Police Conduct (IOPC) which looked into the actions of the PC and a colleague who was there at the time.
It has now concluded there was 'no evidence to suggest that any officer behaved in a manner that would justify bringing disciplinary proceedings'.
In footage that was captured on CCTV and bystanders' phones, McQueen appeared to brandish the bottle before the officer used the spray in order to seize it and move him from the road.
A scuffle ensued, during which McQueen grabbed the PAVA canister, at which point the PC seemed to aim a punch at him and take back the spray.
The Crown Prosecution Service didn't bring charges against McQueen, who is in his 30s, and who was arrested at the time for a public order offence of causing harassment, alarm or distress and assaulting an emergency worker.
But he was jailed for 32 weeks days later following an unrelated incident involving sexual assault, assaulting a police officer and making threats.
It is understood charges were not brought against the police officers involved in the incident with McQueen on May 20 last year.
Norfolk Police said they had carried out a 'thorough investigation of the circumstances', including 'a review of the officer's body worn video'.
Onlookers said the man in the wheelchair had been in the middle of the road, holding a bottle of alcohol, when the police officer arrived on the scene.
They said the man moved as though he was about to get up before the officer took the bottle and started 'pushing and punching him'.
The video taken by a passer-by showed the officer shoving the man back into the doorway of a Londis store as he cowered in his chair.
Justin Fenn, manager of the Londis shop, said his CCTV cameras had filmed the incident from several angles.
He added: 'The policeman pulled up and the man's brandishing a bottle. He's just tipped out contents and he's brandishing it, instantly confrontational to the policeman.
'I can only imagine the policeman's asked him to move and he just wants to have an argument. He's shouting and screaming.
'[The police officer] got the pepper spray. He's asking for assistance [via his radio set] because he [man in wheelchair] is not doing anything rational.'
Mr Fenn's footage showed the officer appearing to discharge a spray and taking hold of the wheelchair, moving it and the man from the road onto the pavement, before the scuffle started.
He added: '[The police officer] has got the bottle but the man's grabbed the CS spray and now the policeman is trying to get it back.
'The man in the wheelchair is in a very controlling position. He's got hold of the CS spray and [the officer] is doing everything he can to get it back. The policeman is just defending himself.'
Carla Carvalho, 43, who works at a nearby business, described how the man in the wheelchair had been 'in the middle of the road, dancing and singing and all happy when the policeman comes and stops him'.
She told the BBC: 'He was trying to get up with a bottle of beer in hand and I think the police guy thinks he was going to throw the bottle at him. Then you see in the video the police guy punches him.
'Whatever they say to each other I don't know.'
Another woman who works nearby said a van with more police arrived after the altercation and the man in the wheelchair was arrested.
The footage was shared widely on social media, with some people questioning the handling of the incident.
But most supported the officer, with one saying: 'Cops are there to enforce the law and keep law abiding citizens safe from those who want to spread fear and intimidation without consequence.'
Norfolk Police said in a statement at the time: 'Police are investigating the conduct of an officer in Great Yarmouth following the circulation of a video showing the arrest of a man in a wheelchair yesterday evening.
'The incident happened at 5.16pm in St Peter's Road in Great Yarmouth, when an officer on patrol came across a man being verbally abusive in the street.
'During the incident, the man threatened him with a bottle and subsequently spat at the officer.'
Local Policing Commander Chief Inspector Matt Dyson added: 'We are aware of a video circulating on social media.
'The matter has been referred to the Professional Standards Department and we are carrying out a thorough investigation of the circumstances including a review of the officer's body worn video.
'We will also be referring the matter to the Independent Office for Police Conduct (IOPC).
'We recognise the public concern around the level of force used in this incident and this will form part of our investigation.'
The IOPC said in its statement that the actions of two officers had been investigated, including whether necessary, proportionate and reasonable force was used. The inquiry included speaking to witnesses and interviewing McQueen.
It also checked the constables' general conduct during their dealings with the man, the care given after using PAVA on him and whether he was treated differently because of his disability and mental health.
The watchdog added: 'During the investigation, there was an indication that a potential assault offence may have been committed by an officer who used PAVA spray on the man.
'Due to the statutory time limit for assault offences, in November 2024 we referred a file of evidence to the Crown Prosecution Service before our investigation had concluded.
'Later that month, the CPS decided no charges would be brought.'
It continued: 'We also obtained a report from a use of force expert, which determined the use of PAVA was effective as the man immediately went from 'shouting and resisting to quiet and more compliant'.
'At the end of our investigation, we found that no reasonable tribunal could find the use of PAVA was not necessary, reasonable and proportionate in the circumstances as the man was being verbally abusive and threating towards officers, had spat at a colleague and was resisting efforts of officers to restrain and handcuff him.'
Officers are permitted to use 'reasonable force' when carrying out their role of law enforcement.
This provision is under Section 3 of the Criminal Law Act 1967, which states: 'A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.'