SUSSEX Police bosses are being asked why they failed to launch criminal proceedings against one of their officers – after being recommended to do so by the police watchdog.

Yesterday The Argus exclusively revealed how Hove property agent Firas Albaja was pepper-sprayed by PC Joanne Sturgess before being wrongfully arrested while on a night out with friends in November 2013.

When the 24-year-old later called an ambulance because he was struggling to breathe, officers took it upon themselves to cancel the paramedics.

All charges were later dropped when the force discovered Ms Sturgess had provided “erroneous” evidence.

The Independent Police Complaints Commission’s (IPCC) report into the incident found she had a gross misconduct case to answer but she resigned before internal proceedings could be completed.

However, the watchdog called on the force to launch criminal proceedings against PC Sturgess for assault and perverting the course of justice.

Today The Argus publishes a picture of Ms Sturgess for the fist time alongside footage documenting the attack – where she is seen to lunge at Mr Albaja.

Emma Daniel, chairwoman of Brighton and Hove City Council’s neighbourhood, communities and equalities committee, and a member of the Sussex Police and Crime Panel, said it was “extraordinary” the force was not following IPCC recommendations and vowed to question the decision.

Katy Bourne, Sussex Police and Crime Commissioner, said it was “absolutely right” that police officers who fall short of the public’s expectations of professional and personal integrity should be held to account.

She added: “I understand why the police complaints system is of concern to the public – particularly when they hear about cases like this – and the existing model is an area that the government and PCCs nationally are currently reviewing.”

A spokesman for the Criminal Justice Alliance (CJA) said the charity was “deeply saddened” that 20 years after the Stephen Lawrence case, incidents like this “still happen,” jeopardising confidence in the police and justice system.

Graham Cox, a former Sussex Police detective chief superintendent, said it was “absurd” the investigation had taken so long and had failed everyone involved as a result.

According to an online profile, Ms Sturgess was a police response officer for seven years and seven months and was a former patrol officer for Beacon Security. She now works as a sports therapist in Hove and as a rep for company Forever Living.

The Argus called Ms Sturgess last week but she said “I’m not speaking to you about this” before hanging up.

When called again yesterday she put the phone down before we could ask a question.

FORCE APOLOGISES TO MAN, 24, FOR "WRONGFUL ARREST"

The Argus: Firas AlbajaFiras Albaja VICTIM: Firas Albaja.  Picture: Tony Wood

FIRAS Albaja was left in agony and unable to see after being pepper-sprayed in the face by PC Joanne Sturgess on a night out with friends in Brighton.

When he later called an ambulance because he was struggling to breathe, officers took it upon themselves to cancel the paramedics.

In his written complaint to the force, 24-year-old Mr Albaja, of Hove, said he was in East Street in Brighton where there was an altercation in the early hours of November 3, 2013. 

He said officers arrived and pinned one of his friends to the floor. In a damning report the Independent Police Complaints Commission (IPCC) found there had been no “confrontation” and the situation was not “overtly volatile”, but PC Sturgess arrived and pulled out her captor spray. Mr Albaja claimed she walked up and swore at him before spraying his face and neck.

He was not arrested and so he went home and immediately called the police to complain. He then called an ambulance as he was struggling to see. 

Within minutes two police officers arrived and arrested him. He later discovered the officers had cancelled the paramedics – a decision criticised by the IPCC. 

He claims to have been subjected to racial abuse – another matter the IPCC and Sussex Police are looking into – on the way to the police station. The force denies the officers were racist but were instead being sarcastic.

From his cell Mr Albaja said he repeatedly requested medical care and was ignored. He was later charged with obstructing/resisting a constable in the execution of duty but the charge was later dropped when it became clear there were inconsistencies in PC Sturgess’s evidence. The force has since apologised for his wrongful arrest and said they had acted on her “erroneous information”.

The IPCC report found she had a case of gross misconduct to answer but she resigned before internal proceedings could be started. They asked for the force to pursue criminal proceedings. However, the force said there was not the evidence to indicate her actions amounted to the deliberate commission of a criminal act.