PC denies using excessive force during restraint

A police officer who restrained a man who fell unconscious and later died has told an inquest the force he used was "proportionate".

Roberto Villa, 37, was held by West Yorkshire Police officers at the Edgerton Hotel in Huddersfield on 4 December 2018.

At his inquest at Bradford Coroner's Court, Fiona Murphy KC, representing Villa's family, claimed PC Anthony Spiteri's use of force was "excessive, unreasonable and disproportionate".

Spiteri, who took Villa to the ground during the restraint, told the court: "It was proportionate – I had been attacked."

After officers were called to the hotel, Spiteri, who had already encountered Villa a fortnight earlier, recalled he knew he was "dealing with a man with mental health problems".

In body-worn camera footage played to the court, Villa could be heard asking Spiteri: "Do you remember we were friends last time?"

Villa, who had bipolar disorder, was handcuffed, but the incident escalated and resulted in Spiteri restraining Villa, the inquest heard.

Footage of the restraint was played during the inquest, with Spiteri seen on top of Villa while Villa was face-down and wailing.

Spiteri then "quite deliberately places his arm" under Villa's neck, Murphy said, with the barrister claiming he then said: "You are going to sleep."

Spiteri denied using those words.

The footage showed the men falling sideways, with Villa's handcuffs falling loose at some point during the incident.

Spiteri could be heard telling his colleague to "keep hold of that cuff" as the men were on the ground, the inquest heard.

By the time other officers arrived at the scene, Murphy said Villa had already "passed out".

She claimed Spiteri "knew or should have known" Villa had fallen unconscious - a claim Spiteri denied, telling the court he believed Villa was "still fighting".

Spiteri told the hearing it was not until he "walked away" that he found out Villa had fallen unconscious.

After watching footage in court, Spiteri said: "I do concede he does look like he passed out."

Murphy told the inquest: "I'm suggesting using that chokehold in the context you thought was happening was grossly reckless as to whether Mr Villa would be rendered unconscious."

Spiteri said he did not believe his actions were reckless and said he "did not know" Villa had lost consciousness.

"It was not reckless; it was a moment of survival," Spiteri told the inquest.

Michael Hayton KC, representing Spiteri, referred to the pair's first meeting on 21 November 2018.

According to a transcript of that incident, Villa made "threats to kill" Spiteri and said he would "literally rip your head off".

These comments had been "forgotten" by the time he met Villa again the following month, Spiteri told the court.

Spiteri said "at no point" on 4 December did he lose his temper, nor did he "verbally abuse" or "make any threats" towards Villa.

In the camera footage shown to the inquest, Spiteri can be heard telling his colleague Villa was "trying to bite" him during the restraint.

When Villa became free from the handcuffs, he told the court he believed Villa could have injured him with them.

Injuries caused by handcuffs can be "extremely serious, life-changing or even fatal," he said.

The court heard Spiteri cried at the scene afterwards, with the PC telling the hearing he "did not intend to unlawfully hurt" Villa during the "tragic" incident.

"It's regretful – I wish it never happened," Spiteri added.

The inquest continues.

Listen to highlights from West Yorkshire on BBC Sounds, catch up with the latest episode of Look North.