With respect to Comotto, the lawyer said she had drawn her Taser within 17 seconds of entering the room, deploying it within 90 seconds.
“The discharge of the Taser was not necessary, proportionate or reasonable in all the circumstances.
“He was 92, an amputee in an wheelchair and he posed no credible threat to you or another or to himself.”
The decision by Comotto to put Burgess in handcuffs was also unjustified, Rathmell said, adding the force “expects officers to use force carefully and as a last resort”.
The 92-year-old had complained that his hands and wrists were hurting.
Comotto faces a separate allegation relating to comments posted following the incident.
According to Rathmell, she had added a comment to a birthday Facebook post which said the care home was “getting closer and closer”, adding “we all know what happens in care homes”, along with a lightning bolt emoji.
This was in reference to the Taser used on Burgess, he told the hearing.
“You made light of the situation and the use of the Taser on an elderly and vulnerable resident in a care home. This was inappropriate and/or unprofessional.”
After the pair were acquitted in May 2025, Sussex Police said they would still face misconduct proceedings.
Following the trial, then assistant chief constable Paul Court said: “Use of force must be reasonable, necessary, and proportionate, and officers know they will be held accountable for their actions every time.”
Assistant Chief Constable Peter Gardner told the hearing on Monday that the aim of this hearing was to “maintain public confidence in the police and the reputation of the police service”.
Burgess was taken to hospital following the incident where he contracted Covid and died 22 days later, but the officers were not being held responsible for his death.
Follow BBC Sussex on Facebook, external, on X, external, and on Instagram, external and listen to BBC Radio Sussex on Sounds. Send your story ideas to southeasttoday@bbc.co.uk, external or WhatsApp us on 08081 002250.