A POLICE officer has defended his use of pepper spray against a North-East grandfather, who later died in custody.

Several civilian witnesses had previously told an inquest into the death of Lenny McCourt they could see no apparent reason why pepper spray had been used against him.

But PC Terry Hill today (October 23) told a jury sitting in Crook, County Durham, that the 44-year-old was being arrested for being drunk and disorderly and had thrown a wild punch at a colleague.

He added the “situation needed to be brought under control by using reasonable force”.

After an initial blast in the eyes, Mr McCourt was pepper sprayed again as attempted to get back to his nearby house, the inquest was told.

He was then handcuffed and put into the back of a police van and taken from Ash Crescent, Seaham, to Peterlee police station on September 11, 2010. 

An earlier hearing heard how Mr McCourt had a pre-existing heart problem and had died of heart failure “precipitated by the sequence of events” during his arrest.

PC Hill had been due to give evidence from behind a screen, after he and three other officers had been granted anonymity by Durham Coroner Andrew Tweddle.

But the order was lifted by Mr Tweddle after The Northern Echo contested the decision.

Giving evidence on the fifth day of the inquest, PC Hill told the jury he and Special Constable Jeannette Harlock had responded to what he believed to be a burglary in progress.

He arrived at the scene as PC Richard Clark got there separately - and the two heard someone shouting “I’ll f***ing kill you” from an upstairs window.

PC Hill entered the house and made his way upstairs with his baton at the ready. He was met by Mr McCourt who was holding up his clenched fists and said: "Ok little man, I’ll take that off you”.

When Mr McCourt saw PC Clark the situation calmed down. After establishing Mr McCourt lived at the house and exchanging banter with him,  the officers shook his hand and left, the hearing was told.

But, as PC Hill and Ms Horlock sat in their patrol car, they saw Mr McCourt walking purposefully out of the property.

PC Hill said: “He slammed both of his hands on his flatbed truck and said “I’m Lenny McCourt, this is my f***ing street.”

“As he came to my vehicle I opened the passenger window and told Mr McCourt to calm down. I got the impression that his head was coming into the window.”

Fearing that his colleague may be assaulted, he got out of the vehicle to be confronted by an “aggressive and intimidating” Mr McCourt.

PC Hill said he decided to take out his spray when Mr McCourt ignored pleas  to calm down or back away.

He added: “With Mr McCourt still coming towards me I told him “you’re locked up, you’re lock up”. I was arresting Mr McCourt for being drunk and disorderly. He continued coming towards me aggressively.”

PC Hill said Mr McCourt then threw a punch, described as a lazy swing, towards PC Clark. PC Clark parried the blow.

PC Hill said he decided  to use the spray because of Mr McCourt’s threatening behaviour and because he feared for his own safety.

He sprayed a short burst at Mr McCourt’s eyes, but claimed it did not appear to affect him.

PC Hill added,  “determined to affect the arrest” and to prevent Mr McCourt  from getting a potential weapon from the house, he intercepted him and sprayed him in the eyes again.

The police officer said a disorientated Mr McCourt was handcuffed and led to the van, “passively resisting” by dropping to his knees at one point.

The hearing continues today.