A police officer has denied creating a confrontation between him and a 92-year-old amputee when he drew his incapacitating Pava spray and issued an ultimatum against the care home resident who had been threatening staff with a dinner knife, a police disciplinary panel has heard.

PC Stephen Smith, 52, was leading the police response when he and PC Rachel Comotto arrived at the care home in St Leonards in 2022 in response to a 999 call, the hearing was told.

When asked if he should have tried to establish a rapport with Donald Burgess, who had dementia, Smith replied "no".

"All he had to do was listen to my first verbal command," added Smith, who also used his baton on the wheelchair user.

Last year he and Comotto, 37, who deployed her Taser on Burgess, were found not guilty of assault occasioning actual bodily harm.

In the second day of the disciplinary hearing taking place at Sussex Police's HQ in Lewes, Denis Barry, representing Smith, asked him: "Why is it you don't just pause and wait and see what happens?"

Smith replied: "I want that knife out if his hand"

"Why?" asked Mr Barry.

Smith said: "Because of the risk he poses to himself."

Aaron Rathmell, acting for Sussex Police, asked Smith why he did not ask Burgess what was wrong and establish information about his state of mind?

The officer said he did not do that because the 92-year-old still had the knife in his right hand.

It was put to Smith that he was not telling the truth when he said that, prior to using Pava spray and a baton, he was not aware Burgess was in a wheelchair.

Rathmell said: "I suggest to you that's a lie".

Smith replied: "No."

"You noticed he was in wheelchair as soon as you laid eyes on him?"

"No," Smith said.

Rathmell put it to Smith that in an account made a few hours after leaving the care home about what he was aware of when he arrived at the scene, he mentioned a wheelchair twice.

"That's because you noticed a wheelchair as soon as you laid eyes on Mr Burgess, didn't you?" insisted Rathmell.

"If that's what I've written," replied Smith.

It was suggested to the officer that in a more recent account of the day he tried to downplay that Burgess was in a wheelchair.

Smith said he was aware Burgess was in a seated position.

Later he told his counsel, Denis Barry, that he could not recall seeing a wheelchair when he entered the room.

When Smith and Comotto arrived at the care home at about 13:15 BST on 21 June 2022 they found Burgess in his room holding a cutlery knife with a serrated edge, the hearing was told.

Giving evidence the officer said he used the baton to try to knock the knife out of the hand of Burgess.

The hearing was shown police body cam footage of the incident. The moment Smith used his baton was played in slow motion.

Warning: The following video contains distressing scenes

Smith, who joined Sussex Police in 2003, told the panel he was using the baton "as an extension of my arm".

When asked by his counsel Barry if he was trying to strike Burgess, Smith replied "absolutely not".

Earlier he told the panel: "I maintain that my actions were necessary, reasonable and proportionate in the circumstances."

Barry asked Smith, given the time he has had to reflect on the day, if he would he have done things differently.

Smith replied: "No, I don't think I would."

The panel was told the number of times Smith told Burgess to drop the knife or put it down was "well into double figures" with Comotto making similar requests.

The hearing continues.

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