A man who claims he was kicked in the head by a Police constable will have his complaint reviewed by an independent board next week.

The Police Complaints Authority (PCA) will, on Tuesday, take its first look at allegations made by Troy Smith, 28.

Smith — who suffered broken facial bones and a sprained jaw in the alleged assault in July — has so far not been contacted by the Authority, according to his stepfather Richard Robinson.

Mr. Robinson, who claims he saw the officer kick his stepson "dead smack in the face", told The Royal Gazette the family would very much like the chance to give evidence to the PCA.

The Authority — which investigates complaints of Police misconduct — has the power to summon witnesses and examine them under oath and can recommend disciplinary or criminal proceedings be brought against an officer.

It launched an inquiry after father-of-one Smith complained he was the victim of an unprovoked attack when two officers attended a domestic incident at his Spanish Point home on July 4.

Smith alleged that one of the policemen used pepper spray on him, while the other beat him with a baton before kicking him in the head. He had a two-hour operation at King Edward VII Memorial Hospital to mend the bones in his face.

Bermuda Police Service launched a criminal investigation into the claim but said earlier this month there was insufficient evidence to justify criminal proceedings against the accused constable. The officers have now returned to regular operational duties.

PCA deputy chairman Will Francis said yesterday that Tuesday's meeting — to be held behind closed doors — was just the first step in the Authority's inquiry.

"We will see the Police reports for the first time," he said. "We haven't seen anything as yet. If the people want to come along and speak to us [at a later date], then more likely than not we would hear them."

Deputy Police Commissioner Mike Jackman said on October 6 that prosecutors decided not to press charges against the officer after viewing photos, statements and DVD footage from a camera attached to a Taser device used to subdue Smith.

Smith has been charged with assaulting an officer and violently resisting arrest in connection with the incident and will go on trial next month.

Mr. Jackman, who is in charge of BPS' Professional Conduct Department, declined to be interviewed by this newspaper. A Police spokesman said that was due to the pending Magistrates' Court trial.

Mr. Robinson said yesterday that BPS still hadn't informed the family of the decision not to prosecute the officer, even though he, his wife, his sister-in-law and Smith had given statements.

He said he had heard informally that Police claimed Smith received his injuries before the two officers arrived on the scene at Plaice's Point Road, Pembroke.

"If he already had those injuries, he would have already had blood on him," said Mr. Robinson. "When the Police arrived, there was no blood."

Mr. Robinson claimed his stepson was assaulted after he had been Tasered — so the DVD footage would not show the full story. "It will not show when they had him on the [car] bonnet and threw him on the car and threw him on the ground," he alleged.

Police attended the house in Spanish Point after Smith got involved in a dispute between his mother and his cousin and another relative dialled 911. BPS said Smith was acting violently and turned his violence on the officers.

Police did not comment in response to questions about whether any internal disciplinary process had been launched. Last night they said: "The Deputy Commissioner has nothing further to say on the matter at this time."