A Metropolitan Police officer is accused of assaulting a suspect by pepper-spraying him while he was clinging to a drainpipe on a 15-storey building, a court has heard.
PC Luke Wenham, 31, is accused of using excessive force against Carl Cumberbatch during an arrest in Elephant and Castle last August.
Mr Cumberbatch had scaled the side of the Albert Barnes House in New Kent Road in a bid to evade arrest, Westminster magistrates court.
Wenham admits discharging his pepper spray twice but pleaded not guilty to assault on Wednesday, insisting his use of force had been within the law.
“This is about the use of PAVA spray in apprehension while the suspect was seeking to evade the police, threatening to throw himself off a balcony”, said District Judge John McGarva.
Wenham, wearing a dark suit and tie, spoke to confirm his name, address, and date of birth in the dock, before entering a single not guilty plea.
The court heard Mr Cumberbatch was “clinging to the drainpipe some storeys up” on August 17 last year.
“The issue is whether the use of pepper spray is use of reasonable force”, said the judge.
Bodyworn footage of the arrest is due to be played at Wenham’s trial, which has been set for July 21.
Prosecutors allege the PC’s actions “weren’t acceptable in all the circumstances”.
A criminal charge has been brought against Wenham following an Independent Office for Police Conduct investigation into the arrest.
Scotland Yard said the officer has been placed on restricted duties.
Wenham, who lives in Dartford, was set free on unconditional bail until his trial.
