Two police officers have pleaded not guilty to assaulting a 93-year-old disabled man with dementia in a care home.

Donald Burgess died in St Leonards after being tasered and handcuffed and a baton was used on him.

Sussex Police Constables Stephen Smith, 50, and Rachel Comotto, 34, deny assault occasioning actual bodily harm.

Appearing at Westminster Magistrates' Court today the officers, Smith and Comotto denied a total of three charges.

The Sussex Police officers, whose addresses were given as the care of Hastings police station, had attended the unit in St Leonards-on-Sea after a report of a resident with a knife threatening staff on June 21 2022.

A Taser, an incapacitant spray, handcuffs and a baton were used on Mr Burgess who was taken to hospital after the incident, the court heard.

Mr Burgess died in hospital three weeks later.

Comotto denied a count of assault occasioning actual bodily harm through the use of her Taser.

Smith denied two counts of assault occasioning actual bodily harm upon Mr Burgess by using a Pava spray and also a baton.

The pair were unconditionally bailed to next appear at Southwark Crown Court on May 23.


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Before the hearing, the Independent Office for Police Conduct (IOPC) watchdog said evidence did not show the incident caused or contributed to the death.

The criminal proceedings come after the IOPC investigation which began with a voluntary referral from Sussex Police in June 2022.

The investigation was completed six months later with a file of evidence being given to the Crown Prosecution Service in June 2023.