PC cleared of misconduct after telling suspect to "chill out or I'll choke you out"

19 November 2021, 22:00

A police officer who told a man to "chill out or I'll choke you out" whilst making an arrest, has been cleared of misconduct.

West Yorkshire police officer Graham Kanes was accused of using excessive force when he used a neck hold in a "last-ditch" attempt to control suspect, Hassan Ahmed.

The video also captured the 29-year-old PC telling Mr Ahmed to "chill out or you're going to sleep" in Halifax on August 16, 2020.

During a misconduct hearing, a panel heard Mr Ahmed presented as an "extremely aggressive and violent individual" during the incident, with PC Kanes admitting he regretted making the comments, accepting they may have been insensitive.

Following a five-day disciplinary hearing at West Yorkshire Police's Wakefield headquarters, the officer was cleared of misconduct.

In footage shown to the panel, Mr Ahmed was heard to respond to the officer by saying: "I can't breathe," and: "I give up, I give up."

The Independent Office for Police Conduct (IOPC) said the hearing was told Pc Kanes used an approved police technique known as a "seatbelt take-down" and not a choke hold.

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After the hearing, Detective Chief Inspector Shaf Rehman, of West Yorkshire Police's Professional Standards Directorate, said the force used by Pc Kanes was found to be lawful.

He said: "Unfortunately, our officers do find themselves in situations where the use of force is required for the prevention or detection of crime or to prevent an individual from causing harm to themselves or others.

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"It is vital however that any use of force is lawful, reasonable and proportionate, follows force policy and is in keeping with the training received.

"The finding of the hearing today has concluded that this was the case in relation to this officer."

IOPC regional director Miranda Biddle said: "Incidents like this one can have damaging consequences for public confidence in the police and it is vital they are thoroughly investigated and reviewed independently.

"While we found Pc Kanes's behaviour may have amounted to a breach of the professional standards of behaviour, it is ultimately for the police misconduct panel, having considered all of the evidence, to reach a conclusion based on the evidence available.

"He admitted the words he used during the incident were not ideal and the panel accepted his explanation that he was doing his best to control a challenging situation."