Stephen Smith (left) and Rachel Comotto (right) wearing black jackets as they left court, with a picture of Donald Burgess wearing glasses and a wide-rimmed hat.
Stephen Smith, 50, and Rachel Comotto, 34, are accused of assaulting Donald Burgess, 93, using a taser, spray and a baton (Picture: Yui Mok/PA Wire)

Two police officers have denied assaulting a disabled 93-year-old dementia patient in a care home.

PC’s Stephen Smith and Rachel Comotto were called out to a care home in St Leonards-on-Sea on June 21, 2022, after receiving a report a resident had threatened staff with a knife.

When they arrived, the officers used a taser, pepper spray, handcuffs and a baton on wheelchair-bound dementia patient Donald Burgess, 93, who was rushed to hospital following the incident and died three weeks later.

Both Smith, 50, and Comotto, 34, are accused of assault occasioning actual bodily harm in relation to their use of force against Burgess.

But before the hearing at Westminster Magistrates’ Court on Thursday, a police watchdog claimed Burgess’ treatment by the officers did not cause or contribute to his death.

Undated family handout photo of Donald Burgess wearing a white shirt, glasses and a wide-rimmed straw hat.
Donald Burgess, 93, was a disabled dementia patient (Picture: Family/PA)

Following the incident, an investigation into the responding officers led to an evidence file being handed to the Crown Prosecution Service in June 2023.

The officers finally appeared in court this week, and both denied the charges before them.

Smith denied two counts related to his use of Prava incapacitant spray and a baton, while Comotto denied assaulting the pensioner with her taser.

The pair were both unconditionally bailed until their next appearance at Southwark Crown Court on May 23.

Criminal proceedings were initiated after an investigation by the Independent Office for Police Conduct (IOPC).

This came after a voluntary referral from Sussex Police in June 2022.

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