THE POLICE OMBUDSMAN’S OFFICE 20 years of dealing with complaints about the conduct of police officers in Northern Ireland.

he Police Ombudsman’s Office is arguably one of the most high-profile public organisations in Northern Ireland. It opened its doors on Monday, November 6 T2000 and in the twenty years which followed has transformed how that community deals with complaints about the conduct of police officers. This booklet provides a brief history of that work, focusing on some of the key personalities and issues involved. For a more complete account of the work of the Office visit its website:www.policeombudsman.org . POLICE OMBUDSMAN FOR NORTHERN IRELAND

“There isONE no good reason not to try it.” The Northern Ireland experience in In the United Kingdom, it was That was a time when the dealing with complaints about the also the issue of race which brought community was about to fall into conduct of police officers is part of recent challenges for police and what was to become decades of a wider discussion stretching across police accountability. The inner-city bloody unrest, which would cost centuries and countries. riots in the Brixton area of London more than 3,000 lives, many more in 1981 led to the Scarman Report injuries and deepening political The first non-police body to hold and changes to the way police were division. The Royal Ulster officers to account was believed Constabulary found itself part held to account. But by 1999 the to have been formed in New York of and having to police a sharply Macpherson Report had accused around 170 years ago. divided society. the Metropolitan Police of

Public concern about policing has institutional racism in its handling In 1977, a Police Complaints Board been a recurring theme in the United of the murder of black teenager for Northern Ireland was established. States. In the late 1950s and the 1960s Stephen Lawrence six years earlier. While the body brought about the need for police accountability some change in process, the actual came to the fore as a result of events in It was community division investigation of police remained in the the protests against the Vietnam War of a different sort which drove hands of the police. The Board itself and those in support of civil rights. changes in Northern Ireland. acknowledged in 1981 that public Decades later and the police beating The Hunt Report in 1969 had confidence in the system was lacking, of Rodney King in Los Angles and the found the procedures for dealing with suspicion ‘about the ability death of George Floyd in Minneapolis with complaints about police of the police to conduct investigations kept the issue centre stage. were ineffective. into themselves.’

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In 1985, the Board was abolished In March 1988, UK Minister of and replaced with the Independent State Adam Ingram said the Police Commission for Police Complaints. (Northern Ireland) Act 1998 It was given the power to supervise would contain provisions on police the police investigation of complaints complaints which would give effect against the police, an authority which to “a new radical system in Northern few similar bodies internationally had. Ireland by the establishment of an independent Police Ombudsman.” Northern Ireland remained a society riven apart and the police complaints It was to be a time of change for system found itself having to address policing too. The Good Friday/ issues ranging from allegations of ill Belfast Agreement had made treatment at police ‘holding centres’ provision for the establishment of an to those of police officers operating independent commission to make a policy of ‘shoot to kill.’ recommendations for future policing In 1995, the Government appointed arrangements in Northern Ireland. Public confidence in the new police senior civil servant Dr Maurice Hayes The Independent Commission on complaints system became an increasing to conduct an independent review Policing for Northern Ireland (the issue. In 1990, the lobby group the of the police complaints system in Patten Commission) saw the Police Committee for the Administration of Northern Ireland. Ombudsman's Office as an important Justice published a pamphlet in which institution in the governance of Dr Hayes reported in 1997 and it said some complainants believed the Northern Ireland and fleshed out its Commission to be ‘the same old book made a series of recommendations, role in areas such as own initiative under a new cover.’ It argued for an the main one being the appointment investigations and commentary on independent body to take over the of a Police Ombudsman with his/ police policies and practices. role and concluded its document her own investigative staff to deal by saying: “There is simply no good with all public complaints about reason not to try it.” the police.

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“I was determinedTWO to avoid those pitfalls.” UK Minister of State Adam Ingram That challenge was formidable: called the proposal to create a Police she had to ensure the Office had Ombudsman system in Northern all the necessary legislation in place, Ireland a ‘radical’ idea. to recruit and train staff and all the while find and equip premises from One of the immediate tasks of which the new system would operate. government was to set about finding someone to become “Before taking up the post I had Northern Ireland’s first Police read widely on the issue of Ombudsman, someone who would independent police accountability. transform a radical idea into a Those systems which failed did so practical, working reality. either because of a lack of resources or expertise. The person it appointed was to prove pivotal to the course of the a member of the Police Authority in I was determined to avoid these Government’s ‘radical idea.’ Northern Ireland and for many years pitfalls. I put a lot of effort into had been a ‘lay visitor’ at many of its seeking to ensure we had the funds Nuala O’Loan was a solicitor, who police stations. needed to do the job properly. had been a lecturer in European Law My argument was that the cost at the University of Ulster. She had Along with an implementation team of properly investing in this new never been a police officer, but had from the Government’s Northern complaints system would be far shown a commitment to the values of Ireland Office, she set about the task of outweighed by the cost of not police accountability, having served as creating a Police Ombudsman’s Office. doing so.

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experienced investigators from locations across the world including the United States, Canada, Australia and Hong Kong.

Mrs O’Loan and the team from the Northern Ireland Office also set about recruiting the other staff they would need across a range of specialisms including people with experience I also needed people who understood us he had led a national approach in handling finance, Information policing, had practical experience of the tackling serious corruption within Technology, personnel and all the day-to-day issues police officers have to policing. His credentials both as an other corporate functions of a modern, deal with, who understood the context experienced police officer and someone accountable public sector body. in which they have to operate, but at willing to challenge fellow officers the same time were also able to exercise where necessary was unquestioned,” They also set about finding a premises independent judgement. recalled Mrs, now Baroness, O’Loan. in a neutral part of what was still in some ways a divided Belfast. They My first piece of really good David brought with him to the Police found such a building in the centre fortune was when Deputy Assistant Ombudsman’s Office a small team of the city opposite Saint Anne’s Commissioner David Wood (above of handpicked police officers on Cathedral. right) agreed to lead my complaints secondment from the Metropolitan handling and investigative unit. At Police Service. On Friday, November 3, 2000, Adam that stage David had almost 30 years’ Ingram MP, the man who two years experience with the Metropolitan As Executive Director of Investigations, earlier had talked about this radical Police Service, much of it focused together he and Mrs O’Loan set new idea, officially opened the premises on operational roles leading teams of about recruiting their complaints of the Office of Police Ombudsman detectives. In the years before joining and investigation staff, attracting for Northern Ireland.

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“I wasTHREE going to have to demonstrate it.” The Police Ombudsman’s Office stewardship within an independent opened its doors to the public investigative organisation on 6 November 2000. Mr Pollock’s experience in this area While Mrs O’Loan and her small was to prove far more significant than team had put in place many of the anyone realised at the time. people and systems needed to start a new chapter in police accountability With her top team now in place, for Northern Ireland, much remained Mrs O’Loan set about turning that to be done. ‘radical idea’ into a reality.

“For the Police Ombudsman system to Among the more immediate issues was I needed someone in the role of Chief work, the public had to be aware of us, the appointment of an Accounting Executive who had the experience know how we were wholly different Officer: and was committed to running a completely independent office from what had gone before, and know “The public, through the Government, within the constraints of proper how to use our service. was paying for the police complaints accountability,” said Baroness O’Loan system. We had to be accountable In those days, long before social for how we would use public funds, The person she chose was Sam media, we had to rely on using while at the same time ensuring our Pollock, who had more than 30 years’ newspapers, television and radio complaints and investigation process experience in the criminal justice to get this message across and had was independent from Government or system and knew well the issue of how then to go and meet people in their any other external influence. to maintain proper governance and communities,” she recalled.

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telling people about what we were Mrs O’Loan decided to regularly doing and listening to their views. release to the media, and thereby to the police and the wider public, We would never discuss individual individual anonymised statements cases with anyone outside our Office, setting out in summary form some of but would always listen to the views the complaints her Office had received of people on how they believed the and how it had dealt with them, along service could be best delivered to with the outcomes of investigations them,” recalled Baroness O’Loan. into matters referred to the Office. This had been unheard of before in The Police Ombudsman took the Northern Ireland. view that the key to the success of the The team began a programme of new Office would be its independence Quite soon the Office began to extensive discussions with interested and the public and police perception demonstrate that it was making parties, such as the RUC and its of that independence. a difference. Surveys of public successor the PSNI, with the police opinion had shown that awareness staff associations, with the newly “The independence of our of the police complaints system formed Policing Board, with key investigations was crucial, not just had risen from 57% to 86% within political and other civic leaders, with to the member of the public who 18 months. those working at ‘grass root’ level had made the complaint but also within the community and with to the police officer who was A total of 79% of those surveyed the wider public. The new Police subject to that complaint. believed the Office would treat them Ombudsman filled every spare fairly - a figure many observers would moment attending such events: But I quickly realised that it was not have thought impossible under the enough to talk in abstract terms about previous systems. “We spent many days, nights and independence: I was going to have weekends in towns, villages and police to demonstrate it if we were to win But, despite this undoubted success, stations across Northern Ireland confidence,” she recalled. there were troubles ahead.

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“A definingFOUR moment for the Office.” In December 2001, the Police “A police complaints system must take Ombudsman’s Office issued a Public seriously any allegation from a member Statement in which it outlined findings of the public that not enough had been of its investigation into matters done to prevent the commission of a connected to the August 1988 bombing serious crime or that not enough had of Omagh in County Tyrone, in which been done to use available information 29 people, including a woman pregnant or evidence in pursuit of those who with twins, were killed. More than 200 may have committed that crime. people were injured. Where such allegations relate to the A memorial service ahead of the 20th The bombing was the single most anniversary of the Omagh bombing. killing of 29 people and two unborn deadly incident during ‘The Troubles.’ children, in it would have been reckless In the years which followed there was The investigation was to prove the of my Office to ignore or treat them increasing public comment and media largest the Office had undertaken with indifference. coverage which included allegations that thus far. It was very challenging to police and other agents of the state had It would also have been cruel to investigate those allegations. information, which if acted upon, could the victims and the relatives of those “My staff were largely part of the have both prevented the bombing and who were killed and injured to allow community they lived in. Some of brought those responsible to justice. such matters to be the subject them were from Omagh. It was a Mrs O’Loan felt she had to make of speculation in the media horrific atrocity. Looking back, I know a difficult decision about a very without subjecting them to formal it had a physical and emotional toll on sensitive matter: investigation,” she said at the time. us all,” recalled Baroness O’Loan.

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The investigation started in August It also expressed considerable The dispute between the police in 2001, was very intensive and when concern that during the initial Northern Ireland and the new police it was completed the findings were stages of its investigation police accountability mechanisms made presented to the relatives of those did not provide some critical headlines internationally. who died and to some of those who information to its investigators. “It was a very difficult period and were injured, and to the PSNI and It noted that at a senior management I got a very real sense that this was a the Policing Board. level within police, the response to defining moment for the Office and the Police Ombudsman enquiry On 12 December 2001, the Office one which we may not survive. Some had been defensive and at times issued a statement which said that of the powers that be seemed to line up uncooperative. “The persons responsible for the against us, while others were keeping Omagh Bombing are the terrorists So too was the response to the their heads down, as it were. who planned and executed the final report from the police. atrocity. Nothing contained in this I knew we had delivered an The PSNI issued a detailed rebuttal report should detract from that clear independent impartial investigation. with the then Chief Constable and unequivocal fact.” I knew we were right factually in what Ronnie Flanagan saying he had we said. I had to rely on that as the It found many failures which included considered taking legal action only means of getting through that failures to disseminate intelligence against what he described as awful time,” recalled Baroness O’Loan. held by RUC Special Branch both a grossly unfair report with before and after the bombing. erroneous conclusions. That strategy proved right. The recommendations made in the Police The report concluded that “it will Some senior public figures echoed Ombudsman’s report were complied never be known whether or not the such views, with one former with by PSNI, including a new bombing of Omagh could have been Secretary of State for Northern investigation into the bombing and prevented if the RUC had taken more Ireland stating publicly that he an independent review into terrorist action in relation to the information believed the report to be “a very related murder enquiries and into the it had received.” poor piece of work indeed.” role and function of Special Branch.

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“A difficult FIVEand at times very sad investigation.” The House of Commons Northern Ireland Affairs Committee in looking at the functions of the Office in 2004-2005 observed that the task of “constructing from scratch a creditable police complaints service in Northern Ireland” had been “considerable” and said it was impressed by the dedication and leadership of the Police Ombudsman and her staff.

During that first decade of the new millennium the Office was receiving several thousand complaints each year made by members of the public following their interaction with police officers. The types of complaints received were not dissimilar to those the everyday interactions between The police referred to the Office made in other jurisdictions. police officers and members of the for independent investigation public, a lot of work involved matters each instance when it fired Yet, while most of the Office’s connected to the policing of civil weapons, including those occasions complaints and investigations dealt unrest, which was still a feature during such riots and other with matters which had arisen from of Northern Ireland’s society. public disturbances.

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In 2002, the Office released a report into the police use of plastic baton rounds in seven riots during the previous 12 months, saying that officers were not only justified but on one occasion were restrained in their use of the weapon.

In 2003, the Office found that the firing of three baton rounds by police officers during disturbances at a parade at Drumcree in Portadown the previous year had been justified as they had faced “a serious and immediate risk to life.”

In 2006, a Police Ombudsman investigation established that the police handling of an Orange Order The scene of a fatal shooting by police at Ballynahinch in April 2006. parade and Nationalist protests on the evening of July 12 2004 at Ardoyne It conducted investigations into men were shot by police officers. in North Belfast was “in general several incidents in which police One of the men later died in hospital. justifiable” and was overshadowed by shot dead members of the public. In April 2006, it investigated “intelligence” reports that elements on the shooting dead of a man at both sides were planning violence. In April 2003, it began an Ballynahinch in County Down. investigation of an incident in the The man had been the driver of a Increasingly, the Office was also village of Upper Ballinderry in car which had approached a police dealing with other significant matters. County Antrim during which two vehicle checkpoint.

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It also investigated the circumstances In January 2007, it released the surrounding the deaths of people findings of a four-and-a-half- who had been in contact with police year investigation into a series of officers, including the death of a man complaints about police conduct had just been released from custody in relation to the murder of and a man who had been crushed Raymond McCord Junior (right) by gates which had been closing in November 1997. at a police station. The investigation had proved to be The Office also continued to deal the most complex ever undertaken by with a number of complaints about the Police Ombudsman. More than murders and deaths dating from 1969. 100 serving and retired police officers were interviewed, 24 of them ‘under caution.’ Members of the public were also interviewed. Police computer systems were examined and more than a way as to protect informants from 10,000 items of police documentation being fully accountable to the law. was recovered, including material held within intelligence systems, on Intelligence held within the policing personal records, in police journals, system, the majority of which has in crime files and from other sources. been graded by police as “reliable and Corroborating material was also probably true” and which has been recovered from a number of other, corroborated from other sources, non-police agencies. linked police informants to ten murders and 72 instances of Mrs O’Loan upheld a complaint from other crime, including attempted Raymond McCord Senior that over a murders, a bombing, drug dealing number of years police acted in such and extortion.

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A number of difficulties were Mrs O’Loan concluded that her The PSNI accepted all of the encountered during this investigation, investigation had established collusion recommendations contained in her including the fact that some between certain officers within RUC Police Ombudsman statement: documents were either missing, lost Special Branch and a UVF unit in or destroyed. The Police Ombudsman North Belfast and Newtownabbey. “I am satisfied that the PSNI have was of the view that this was not She believed a culture of subservience accepted the mistakes of the past and an oversight but was a deliberate to Special Branch had developed put in place policies and procedures strategy and had the effect of within the RUC which had created to help ensure they will not happen avoiding proper accountability. a form of dysfunction. in the future.

“It has been a difficult and at times very sad investigation, both to conduct and to report on,” she said at the time.

Mrs O’Loan’s seven-year tenure as Northern Ireland’s first Police Ombudsman ended in November that year.

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“Raised expectationsSIX I can seldom satisfy.” Former Police Oversight In 2008, the Office released the Commissioner Al Hutchinson findings of an investigation which succeeded Nuala O’Loan as Police looked at matters connected to Ombudsman in November 2007. the murder of off-duty policeman Constable John Larmour who was Mr Hutchinson brought to the killed in Belfast in 1988, saying the post a unique blend of experience. police investigation was not thorough Originally from Canada, he served and not all available information was in and eventually led the Office of passed to the detectives investigating the Oversight Commissioner in the killing. Northern Ireland, which was charged with overseeing the Patten Reforms That year it also found that police of the RUC. failed to properly investigate the Prior to that he served in the Royal disappearance of 15-year-old Arlene Canadian Mounted Police for Arkinson from Castlederg in County nearly 34 years and had built up a Under his tenure, the Office Tyrone in 1994. It said police had considerable body of experience in continued to deal with both routine conducted quite a thorough initial areas such as economic crime, drug complaints and with significant cases investigation but identified failures enforcement and public order. of public interest. in later stages of the inquiries.

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Mr Hutchinson advised Government I have been on record as saying that Therefore, it is important that there is that the Office would need significant while the victims of the past must not a rational discussion on the merits of extra resources if it was to continue be forgotten, the Police Ombudsman’s the proposals if the next generation to deal with matters arising between Office is a blunt instrument too is to benefit, something that will be 1968 to 1998, the period known as narrowly focused to deal with what are difficult for such an emotive topic. The Troubles. broader societal issues.

In 2009, he gave a general welcome Specifically, the narrow focus on the to the Eames/Bradley proposals police, to the exclusion of paramilitary which had been announced for groups and other State actors, along dealing with Northern Ireland’s with my statutory ability to focus only past, but added that the concept on evidence and not information, of independent investigation of means that the victims of those police must remain. terrible times have expectations raised that I can seldom satisfy. “As far as the recommendations relate to the role of the Police Ombudsman, I do not believe that a line can or McGurk's Bar, Belfast (see over) it has long been my expressed view should be drawn under the past, that having to investigate issues of the particularly if we want to learn lessons There are still issues and practicalities past is a disproportionate drain on the and avoid history repeating itself. Nor which I suspect need to be refined. It resources that I have available for my do I believe that the needs of those is important, for example, to ensure primary role, which is helping hold who have been victimised should be that those people investigating police today’s policing to account, and to ignored. Victims are not the exclusive complaint issues from the past are and assist in delivering better policing ‘property’ of one community, one are seen to be wholly independent of for tomorrow. institution, one area or region. those they are investigating,” he said.

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allegedly involved in the bombing of Another report published by the Claudy in County Londonderry on Police Ombudsman’s Office that year 31 July 1972, in which nine people dealt with the police investigation were killed and more than 30 others into the murders of Trevor Buchanan were injured. and Lesley Howell, who were found dead in a car parked in a garage in He found that the RUC investigation Castlerock in May 1991 in what was was compromised, failing those who initially regarded as a “double suicide.” were murdered and injured and It found the investigation to have been undermined the police officers who deeply flawed; lacking objectivity were investigating the atrocity. and letting down the families of both victims. Mr Hutchinson said it missed In 2011, the Office also released evidential opportunities and should the findings of its investigation have been more thorough. into matters connected to the UVF bombing of McGurk's Bar in Belfast However, while the Office was busy in 1971, in which 15 people died dealing with complaints about the and more than 16 were injured. It police and reporting its findings, there reported that while there was no were problems growing behind the evidence that the RUC assisted those scenes which would, for some, call responsible, the police investigation into question the very ethos of the Those historical matters continued had such a predisposition towards the organisation. to form a large part of the work of view that the IRA were responsible the Office. In 2010, Mr Hutchinson for the bomb that this became an released the findings of his investigative bias. The investigation investigation into how the Royal concluded that while this fell short Ulster Constabulary dealt with their of collusion, it precluded an effective suspicions that a Catholic priest was investigation of the atrocity.

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“I basicallySEVEN lost confidence in the Office.” As the Police Ombudsman’s and an interference by its sponsoring Office was entering its second body, the Department of Justice. decade it was as busy as it had “I basically lost confidence in the ever been in its work of holding direction and the independence of police to account. the office in relation to very serious However, while it continued matters.” he said afterwards. to win the trust and confidence The Department of Justice announced of the majority of the public, two separate investigations into the some key stakeholders were two allegations. beginning to ask questions about the independence of the Office’s The first, which looked at the issue investigations. Within the Office itself, differences of Governmental interference, of opinion had developed between concluded that it had not found any By 2011, the human rights group the key personnel about the core values evidence of systemic interference or Committee on the Administration of the organisation. meddling, but went on to detail a of Justice published the second of number of issues which it said were its commentaries on the work of This came to a head in February 2011 troubling and of concern. the Office. The publication raised when Chief Executive Sam Pollock questions about the actual and tendered his resignation, saying The second report, which was by perceived effectiveness, efficiency, there had been both a lowering of the Chief Inspector of the Criminal transparency and independence operational independence between the Justice Inspectorate in Northern of its ‘historical’ work. Office and the police it investigates Ireland, was more damning.

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The Chief Inspector, Dr Michael It said this had has led to a fractured For his part, Sam Pollock looks back Maguire, said significant concerns approach to governance and decision- on this period with mixed emotions: had been identified about how making, particularly around the sensitive, complex and high- production of reports. “I had very real concerns about all profile historical cases were being the issues which were ultimately investigated and handled, which had The Chief Inspector made a number identified in the Criminal Justice served to undermine the Office’s of recommendations which Inspector’s report. decision-making capacity and had included the suspension of historical led to a lowering of its operational investigations until such times as My problem at the time was that independence. a strategic plan for the Historical although I was raising these concerns, Investigations Directorate was the governance arrangements were Dr Maguire also said that non- adequately resourced. not working. governmental organisations, families, their legal representatives and the In October 2011, Mr Hutchinson I worried that resigning in such a PSNI had “heavily influenced” reports, advised the Office of the First public way could damage the Office. which led to a “lack of confidence in Minister and Deputy First Minister But I eventually came to the how the investigative processes are that he would like the process of conclusion that not to do so managed” and identified the handling selecting a new Police Ombudsman would damage it even more. and use of sensitive material as to be expedited. matters of concern It was not an easy decision, on both a His report also evidenced “serious “While I have received expressions of personal or professional level. But it divisions” within the senior support from a number of quarters, was the right one. Time has proven management of the Office which it is clear that there remains a that to be the case,” he reflected. had created a dysfunctional focused campaign to have me resign environment and impacted on the immediately. This continues to damage Sam Pollock later went on to office’s day-to-day functions and the Office, affect its independence and become Chief Executive of the the morale and attitude of staff. impact on its daily work,” he said. Northern Ireland Policing Board.

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“UncomfortableEIGHT truths to be told.”

Joining him as Chief Executive was Adrian McAllister, a former Deputy Chief Constable from England with over 20 years’ experience in policing.

After leaving the police, Adrian had established and developed the In July 2012, the former Criminal in Northern Ireland and had Justice Inspector Dr Michael developed a reputation for Independent Safeguarding Agency, Maguire took up post as Police having an independence of mind, which introduced a new vetting Ombudsman. and as someone who was not scheme for those working with afraid to challenge the prevailing vulnerable people. He brought to In many ways he was an ideal systems. Indeed, one of his last the Office a proven track record of appointment. He had just spent reports in that post had evidenced delivering independence, coupled four years as the Chief Inspector the problems in the Police with extensive practical knowledge of the Criminal Justice Inspectorate Ombudsman’s Office. of policing.

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Michael Maguire’s first task, as the that the Office’s historical man who had pointed out problems investigations should resume. with the Police Ombudsman’s Office, was to fix them. In 2013, Dr Maguire published a report on the “Good Samaritan” Dr. Maguire set about recruiting bombing in Derry / Londonderry new and skilled staff to its Historical in 1988, which killed two people, Investigations Directorate. He while a third person died later. increased checks and balances in the handling of sensitive information; Whilst the report stated that the improved quality assurance responsibility for the bomb rested with disjointed communication arrangements; made policy changes to with those who left it in a housing between key police officers. facilitate performance improvement complex, it concluded that police and better communication could and should have done more That year Dr Maguire had to consider arrangements with families who had to protect the residents of the area. taking legal action against the police brought complaints to the Office. as a result of their failure to release He also introduced new management 1n 2014, the Police Ombudsman sensitive information necessary for the structures to the Office and clarified reported on the findings of an completion of the investigation of a its relationship with the Department investigation by his Office into the number of very serious cases. of Justice, with particular regard to role police played in a political scheme those areas of the Office’s work in following the Good Friday Agreement “This issue went to the core of which the Department did and did which sought to deal with people who accountability and I could not allow not have a say. had been suspected of terrorist crimes a situation to develop where those and those convicted of such acts but subject to investigation would decide His progress within this area was who had escaped from prison – the what information would be given the subject of a follow up review by so-called ‘On the Runs’ scheme. He to investigators. Investigation by his successor at the Criminal Justice found it had been marked by a lack negotiation was simply not an option” Inspectorate, who recommended of clarity, structure and leadership, he said.

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that police colluded to protect members of the IRA who had killed Arthur Rafferty in Belfast in 1974.

It also found no evidence of police involvement in the UFF gun attack on Gerry Adams and four other men in Belfast city centre on March 1984.

In 2015, it published the outcome of an investigation which found insufficient evidence to support an The matter in question was resolved allegation that a piece of information However, Dr Maguire concluded without the involvement of the courts, given to police, if acted upon, could that collusion between police and have prevented the bomb attack on but the wider issue of the police the UVF was a significant feature the former PSNI Constable Peadar provision of information to the of the attack. Office was one which would rear Heffron in 2010. its head again. He reported there was intelligence In June 2016, the Office reported the that police were aware of the The Office issued a public statement results of a three-year investigation importation of weapons which were in which it said its investigators found into the terrorist attack on The eventually used in the attack, that that the RUC did not deal adequately Heights Bar in Loughinisland in police informants were involved with threats to the life of one of its which six people were murdered in the importation of those weapons, officers, Sergeant Joe Campbell, who and five others injured. It said that that there were failures to share was murdered in 1977 in Cushendall. those responsible for the attack were UVF gunmen and that police did intelligence and that there were That year it released the findings of an not have prior intelligence about significant failures in the police investigation which found no evidence what was to happen. investigation.

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The Northern Ireland Retired Police In 2017, it released the findings of In October 2018, Dr Maguire said his Officers Association started Judicial an investigation into fears that police investigators found no evidence that Review proceedings seeking to have could have prevented a break-in at police failures played a part in the fact the report quashed. That ultimately Castlereagh police station in 2002, no one was convicted for the murder provided unsuccessful, although the but chose not to for political reasons of Robert McCartney, who died after courts ruled that in some matters, the and in order to protect an informant. he was attacked in Belfast city centre Office had “overstepped the mark.” It found no evidence that police had in January 2005 any advance information which would In 2016, the Office released the Throughout his tenure, Dr Maguire findings of an investigation into have allowed them to prevent or found the area of work which took circumstances related to the death disrupt the raid. the greatest impact from pressure of John Hemsworth in July 1997, In September 2018, the Office confirming the conclusions of an on funding was his investigation inquest, which found it was highly published the outcome of an of ‘historical ‘matters linked to The probable that police officers were investigation which found that Troubles.’ The number of complaints responsible for the injuries which police had failed Belfast woman had continued to rise and he was contributed to Mr Hemsworth’s Máiría Cahill and two other women having to do more work with less death. in how they had dealt with reports resources: of alleged child abuse. It found that the Royal Ulster Constabulary had “It is ironic that on the release of a information about the alleged abuse Criminal Justice Inspection report, ten years earlier but did not investigate which states that the independence of it. Dr Maguire said he was satisfied, the Office has been fully restored, our however, that current police policies capacity to undertake work has been and practices would require such significantly reduced,” he had noted information to be investigated today. at one stage.

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In 2018, as Michael Maguire’s tenure as Police Ombudsman was entering its final phase, the man who had identified many of the challenges the Police Ombudsman’s Office had faced in dealing with the past and then addressed them, was in a reflective mood.

In speaking to a large crowd at a community event in Belfast, he said he believed that the way Northern Ireland deals with its past had to be done differently if it was to ensure a stable and shared society.

Highlighting issues such as severe “This is a tough message for families underfunding, the absence of a shared who have been waiting years for an agreement on the way forward and answer. The wider challenge, and the polarisation caused by competing perhaps a more difficult one, is to narratives as major difficulties in the ensure that the end result is building approach to legacy issues, he told a stable and a shared society rather his audience that the likely success than undermining its foundations. of criminal prosecutions in cases There are uncomfortable truths to be going back decades also needed to be told and how we respond will be the addressed honestly. critical issue,” he said.

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NINE“People in crisis.” As Northern Ireland’s third Police As the Office returned to full Such incidents can escalate to the point Ombudsman, Dr Michael Maguire strength, Dr Maguire saw it as where police officers are called, who presided over a police complaints one of his key tasks to ensure such sometimes have to consider the use of system which was getting upwards people trusted it to address their TASERs - police equipment used to of 3,000 complaints each year about concerns. temporarily stun people. The Office current policing. investigated all such deployments He recognised that a lot of the during this period. In the vast majority Many of these had followed routine work of modern police officers in of these it found that the officer had exchanges between police officers and Northern Ireland involves dealing been justified in using the device. members of the public. Others ranged with social problems: quite often from complaints about incidents Sadly, the death of a loved one was they are members of the emergency arising from the community tensions too often at the centre of complaints service called to pick up the pieces which still existed, others involved made to the Office. when things go wrong elsewhere. deaths and one alleged corruption Such scenarios were also proving at the highest level of policing in In November 2011, Dr Maguire Northern Ireland. to be the occasion for issues published the outcome of an brought to the Office. investigation which found that police Many of the more significant officers on duty inside Woodbourne complaints had one thing in common: Some people in crisis have found Police Station in west Belfast did they involved people - both members themselves in situations where they not see a man being beaten to death of the public and police officers -who have attempted to harm themselves within 10 metres of its perimeter wall, had reached a crisis point in their lives. or have presented harm to others. despite fears to the contrary.

24 20 years of dealing with complaints about the conduct of police officers in Northern Ireland.

James Fenton Lauren O’Neill Geng Feng Shi

In November 2012, the Office In February 2014, a Police killed 18-year old Lauren O’Neill announced that it had found the Ombudsman investigation found that was made in line with current actions of a police officer who shot a police officer failed to provide police legislation and procedures. dead 29-year-old Marc Ringland in patrols with all relevant information from a 999 call, but that the failure did a filling station in east Belfast were In August 2017, Dr Maguire, said not contribute to the death of Andrew justified and proportionate, given he believed police needed to rethink Lorimer, whose body was found in his the threat he believed he faced. how they handle missing person flat in Lurgan days after the call. investigations. His comments followed

In February 2013, it announced In August that year, the Office an investigation into how police that twelve police officers had been disclosed that one of its investigations responded to reports that Geng Feng disciplined following a complaint had resulted in eight police officers Shi, a 23-year-old Chinese national, about the search for 22-year-old being disciplined for their failures in was missing. His body was later found James Fenton, who had been a the search for 29-year-old Jonathan in the River Lagan at Belfast Harbour. patient at the Ulster Hospital in Magee who had been reported It was the latest such investigation Dundonald. His body had been missing and was later struck and from the Office. Between 2010 killed by a train. found in a secluded part of the and 2016 it investigated the police hospital grounds ten weeks after In December, the Police Ombudsman handling of six separate missing he had been reported as missing said he found that the police decision person reports and recommended and approximately 40 metres from to grant a firearms certificate to a man that a total of 55 officers be where he had last been seen. who several months later shot and disciplined for failings.

25 POLICE OMBUDSMAN FOR NORTHERN IRELAND

In September, Dr Michael Maguire from public buildings and continued one of whom, Kevin McDaid, announced the findings of an into 2013. It was a year which saw a lot died later in hospital. investigation which concluded that of public disorder during the summer police decision making which led to months. Overall, the Office received In May 2018, the Office published the release from custody of a man who 280 complaints arising from parades the findings of one of the most had been arrested for assaulting his and demonstrations, at least half of comprehensive complaints it had ever partner was flawed. Three days later the which related to the flag protests. received into modern day policing in man and another person killed Caron Northern Ireland. The investigation Members of the Orange Order made a Smyth and her friend Finbar McGrillen found no evidence the PSNI Chief complaint to the Police Ombudsman’s (pictured above). Constable George Hamilton, members Office alleging police had failed to of his senior management team and Continuing community tensions were protect one of its parades in south other named senior police officers, never far from the surface in some Belfast in July 2013. The Office were involved in criminality or of the matters the Office dealt with subsequently published its findings, misconduct. The Office had received during this period. These included both which were that police failed the more than 50 allegations about a matters concerning current policing marchers. police investigation into the PSNI’s and those of a more historic nature. In late 2015, it said it had found no awarding of contracts worth around In December 2012, community evidence to support concerns that £15 million and its investigations into tension bubbled over into protests police did not intervene to stop a bribery and misconduct relating to and public disorder following sectarian attack in Coleraine in which a the actions of both serving and retired disagreements about the flying of flags number of people were injured, senior officers.

26 20 years of dealing with complaints about the conduct of police officers in Northern Ireland.

“A healthyTEN tension and open hostility.” The Police Ombudsman is required of independent investigation of The Chairman of the Police by law to provide a police complaints complaints about police officers Federation at the time announced system in which the public and the that his organisation would cut ties police can have confidence. It is a The history of this relationship with the Office, saying it would not practical requirement too: for members presents a much more complex be inviting the Police Ombudsman to of the public and for police officers to picture, however. At times it seems its events or taking part in any forums cooperate with the processes, they must to have ranged from a healthy organised by the Office: have an expectation that it will be fair. tension to open hostility. ”She has an unfettered remit to An independent survey of public The Police Service of Northern Ireland investigate the past 30 years and attitudes in Northern Ireland has not always accepted the findings we have to ask, on the basis of what records that almost 80% of people of Police Ombudsman investigations. has been achieved so far, where is have confidence that the Police The police response to the Office’s this all going to lead other than an Ombudsman’s Office deals with report on the Omagh Bombing undermining of public confidence complaints in an impartial way, and a was a seminal moment. in politics and policing.” similar number see it as independent of The then Chief Constable strongly the police. The determination of some rejected the findings and in the mind of within the wider policing The police service, the Police some observers the nature of his response community to protect the image Federation, the organisation which served to illustrate the hurt police felt at of the Royal Ulster Constabulary represents rank and file police those findings. The Police Association from what they see as uninformed officers and the other police staff went one stage further and launched a criticism has continued associations also support the concept legal action to have them set aside. throughout the years.

27 POLICE OMBUDSMAN FOR NORTHERN IRELAND

activity which were ‘off limit’ to the new complaints body.

For their part, some police officers alleged incidents where Police Ombudsman investigators were less than competent in their exercise of these powers, quoting what they said were a number of examples to illustrate their point.

Some officers had concerns about the business of complaints being made about the police. Many at that time had harboured a suspicion that some people For its part, the Police Ombudsman’s In the early days of the Office, there make complaints simply to make Office has been open in saying that were reports from Police Ombudsman mischief. Police Ombudsman staff still some within policing have been investigators of an ignorance among report that they are regularly challenged less than helpful when it has been some police officers who did not by police officers as to why those who investigating events from the past, understand that they had the powers make unsubstantiated complaints are including its Omagh investigation and of ‘constable,’ which allowed them to not made to face sanctions. that into events connected to the death question, search and even arrest police of Raymond McCord Junior. officers where appropriate. The difficulty may be one of perception. While the Police Federation has talked The differences between some police There were reports too that some of a witch hunt against its members, officers and some within the Police people within policing, including the rate of complaints against police Ombudsman’s Office is not confined to members of Special Branch, wrongly officers which are substantiated does historical matters. believed that there were areas of police not bear this out.

28 20 years of dealing with complaints about the conduct of police officers in Northern Ireland.

Nor does the reaction of police officers who have been subject of complaints. Surveys of officers who have been investigated by the Office regularly return figures of more than 70% She also made the following brief the Office and at the same time confidence that they have been criticise the work we do. I find it difficult treated in an independent manner. observation: to understand at times,” he said. The Chairman of the Police Federation, “One of the reasons why the PSNI Perhaps it was always going to be so. Mark Lindsay, in his 2018 speech to commands very high levels of support The 2004-2005 House of Commons conference called for independent from across the community is due to the Northern Ireland Affairs Committee oversight of the Police Ombudsman accountability structures under which it report into the function of the Office and for redress for officers who had operates,” she noted. noted that the Northern Ireland Office been subject to what he called malicious For his part, Dr Maguire observed that considered the relationship between complaints. there was also the possibility that the the police and the complaints body “Relationships between this organisation Federation did not understand police would have inevitable tension. It quoted: and PONI have never been worse. accountability. “Inevitably in any relationship between This is to be regretted and until there a complaints investigations agency and is a willingness to better understand In 2019, as he was leaving his post, the organisation it investigates (and the policing and apply common sense and a Dr Michael Maguire reflected on the representative body of its members) bit of understanding, that relationship Office’s relationship with policing: there will be a healthy tension at times. will remain strained.” “I think if you look at the wider However, it is important that everyone The then Northern Ireland Secretary policing family, whether it be some is aware of their responsibilities and of State, Karen Bradley, made a speech retired police officers or police obligations and the relationship at the conference in which she paid representative bodies, they have remains such that it benefits the tribute to the role police officers difficulty with accountability. policing arrangements provided to the perform in society. At one level they say they support community in Northern Ireland.”

29 POLICE OMBUDSMAN FOR NORTHERN IRELAND

ELEVENPutting Things Right. The Police Ombudsman’s Office, The Office also regularly makes in dealing with many thousands of recommendations for improvements complaints each year about policing to particular police policies and in Northern Ireland, is in a unique procedures based on issues they position to see when and why have identified during individual things can go wrong and to make investigations: recommendations for improvement. “While our investigations are about the conduct of individual police officers, The Office does not need to wait we will sometimes identify an issue until a complaint has been fully where the relevant police policy may dealt with before it can identify have caused or aggravated the problem issues which would benefit from The statistical staff and our investigators and where changes could contribute early attention. together can often spot a developing to those things not happening again. Police welcome these recommendations “Our statistical team will regularly trend or issue where things seem to be going wrong, which the police District and often develop their policies supply police with information Commanders often appreciate being accordingly,” she said. about the numbers and types of brought to their attention. The hope complaints we receive and with is that early intervention can help deal Some of the features of modern information about officers who may with emerging problems,” explained policing people see or experience may be attracting multiple (and as yet the Police Ombudsman’s Director of be due in part to recommendations unsubstantiated) complaints. Current Investigations, Susie Harper. made from our Office.

30 20 years of dealing with complaints about the conduct of police officers in Northern Ireland.

At a time when the only identifying full 90 degrees, even though a locking The Office recommendations followed marks police vehicles in Northern bolt could be seen moving as the key concerns from investigators about Ireland had were their registration was turned. Following the Police the lack of separate juvenile detention plates, the Office recommended that Ombudsman investigation, the PSNI facilities at a station in Belfast. all police vehicles should have unique said it would warn UK police forces identifying markers permanently on about possible problems with the Some of the changes were less visible view on all sides and on their roof. design of the cell fitted to specially and concerned police policy and adapted police vans. procedures. There have been other changes to police vehicles and property after Recommendations from the The PSNI changed the way it handles recommendations from the Police Office contributed to the design money seized by its officers following Ombudsman’s Office. of a new custody suite in the recommendations the Office had made on foot of an investigation Waterside Police Station. The ‘cell’ vans police used to transport into a complaint that police stole certain prisoners to custody were thousands of pounds during a house reviewed following an investigation search. The allegation of theft was into the death of Paul Somerville made by a man whose property was (right), a young man who died four searched by police officers, whom days after sustaining serious head he said recovered £28,000, but injuries when he fell from the rear of only returned £25,000 to him. The a moving police van in Maghera in Police Ombudsman’s investigation 2012. A forensic examination found established that the cash was found that the van’s cell door was misaligned in different parts of the property with its frame and that its latches did and put into individual tamperproof not always fully engage even when evidence bags, but was later counted slammed shut. It also found that a as one total sum. This contributed deadlock did not engage unless the key to the confusion over the total was turned anticlockwise through a amount of money seized.

31 POLICE OMBUDSMAN FOR NORTHERN IRELAND

The PSNI also agreed to review its guidelines about the search of travellers’ sites, with particular reference to the use of warrants.

A travelling community activist had told the Office that police had gone onto a site and used a search warrant to search every caravan, which he argued could not be right.

A Police Ombudsman investigation resulted in the PSNI introducing measures to help prevent CS Spray canisters falling off police officers’ belts and becoming lost. The Office had received a complaint from a woman who said that after police It also weakened the prosecution case guidance for the way seized money is had left her property, her young against the owner of the property, handled. This resulted in a new ‘Cash daughter had found a canister and as the police were unable to counter Seizure’ flow chart being introduced sprayed it in her face. the man’s assertions about how much throughout the PSNI. money was in each location when he A lot of police equipment, including explained why the money was there. Police officers were given new radios, batons and handcuffs are now Additionally, it exposed police officers guidance on dealing with suspects given markings which can allow them to allegations of theft. The Police in police custody following a policy to be linked to the police officer using Ombudsman recommended that the recommendation by the Police them, after recommendations from police should establish new written Ombudsman. the Office.

32 20 years of dealing with complaints about the conduct of police officers in Northern Ireland.

A NewTWELVE Decade: the Opportunity to Reform.

Joining her, as Chief Executive, was Mrs Olwen Laird. Her predecessor, Adrian McAllister became seriously ill and had to leave the organisation to focus on his recovery.

Dr Maguire noted that Adrian had made a significant contribution to the repair of the organisation and to As the Police Ombudsman’s Office Mrs Anderson, who has a legal holding police to account. enters its third decade it does so under background, had been Public Services new leadership, with new challenges Ombudsman in Northern Ireland Mrs Laird had been with the Office since and some old ones too. and before that had established the November 2003 and - as its Director of Information Commissioner’s Office Corporate Services with responsibility Mrs Marie Anderson had in Belfast. She had developed a for corporate governance, the day to day succeeded Michael Maguire as particular skill set which was to stewardship of its financial, personnel Police Ombudsman in July be called upon within months of and Information Technology structures - 2019. Prior to taking up the post, taking up the post. knew the organisation well.

33 POLICE OMBUDSMAN FOR NORTHERN IRELAND

“From the beginning I wanted to become more directly involved and get a detailed understanding of how police search their vast estate for material. I soon came to the realisation that my investigators needed to be involved at every stage of that search on occasions.

I knew that providing us with information had at times been difficult for police, not least because of the vastness of the task but also the legal duty on all of us to protect the most sensitive of information,” she said at the time.

Justice Minister Naomi Long with Police Ombudsman Marie Anderson. After months of detailed discussion, in August 2020 the two organisations One of Marie Anderson’s first tasks with information. The matter was announced a new agreement to in the new post was to seek to resolve resolved without going to court. In oversee the process. the long running issue of the processes 2018, he said his investigators had by which police provide information identified information held by police “I believe this agreement will to the complaints body. In 2014, but not made available to his staff. The allow for better searching for and the former Police Ombudsman Dr PSNI launched an internal review of sharing of this information. The Michael Maguire served notice on the its processes while the Criminal Justice public must have confidence that PSNI that he was to take legal action Inspector began a review of police police provide my Office with for his refusal to provide investigators disclosure methods. all the information it asks for.

34 20 years of dealing with complaints about the conduct of police officers in Northern Ireland.

Such disclosure in central to requires that the Police Ombudsman and processes we had confidence in both our organisations,” review the legislation of the Office for holding police to account. she said. each five years, to keep pace with the We are at risk of falling behind requirements of the work. The police other jurisdictions and I am As someone from a legal background, complaints bodies in Great Britain determined to fight that. the new Police Ombudsman next set and the Irish Republic have had her sights on another issue which was significant reviews of their powers As the Office enters its 20th year, concerning her: and the police complaints system there is another chance to review legislation, but so far, other than a few the legislation. It also comes at a “I want the Office to have more amendments, nothing of significance very early period in my tenure as modern powers to resolve complaints has really changed for us. Police Ombudsman and unlike my and obtain evidence and material from predecessors, I will have the time to any person who has information of The Police Ombudsman’s Office at influence and shape the changes relevance to a complaint. Legislation one stage led the way in the powers we need.

PSNI Chief Constable Simon Byrne and Police Ombudsman Marie Anderson sign an agreement about access to police information.

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I will consult on those changes and genuinely listen to the views of others, but less than a year into Office, I have some very clear ideas where I think things could be improved.

One of the things that has always surprised me was that the powers of the Police Ombudsman are given as part of policing legislation – the Police (Northern Ireland) Act to be precise. Surely, we should have our own Police I also think we need to look again at This will increase the public’s trust Ombudsman legislation particular the legislation around the discipline to this Office, underpinning our and confidence in the process. independence from policing? process for police officers following our investigations. At present we do I also think there should be I would like to develop increased the investigation of such complaints greater transparency around transparency in our decision making. independently of the police and decisions in police misconduct At the moment the law sets very strict then hand our findings back to the cases. The PSNI should provide limits on what we can and cannot PSNI, which deals with the matter cogent and full reasons when it does say in public about the outcome of from that point on. Surely for the not accept my recommendations on a disciplinary process following our public to have more confidence, whether or not an officer should investigations. One major concern I there should also be an independent be disciplined. I have begun have is that we do not have absolute element in that discipline process, discussions with the Policing Board privilege for our reports and public with lay representation and a on ways of ensuring that PSNI statements. That leaves the Office legally qualified chair sitting on are held to account when my Holder potentially exposed to claims discipline tribunals on matters recommendations are not accepted of defamation. arising from our investigations? or fully implemented.

36 20 years of dealing with complaints about the conduct of police officers in Northern Ireland.

have crashed on the rocks of agreed Inspectorate of Constabulary and political support. That has meant Fire and Rescue Services and the that the Police Ombudsman’s Criminal Justice Inspectorate, to avoid Office continues to deal with many duplication of effort and what she complaints from that era, but without has called ‘accountability fatigue’ on the proper resources to do so. the part of PSNI in answering to a number of oversight bodies on broadly “We have had to put on hold more similar issues. than half of those cases. It is upsetting to explain to families that on the As the Office begins its third decade, existing resources we may not be it is now a well-established part of the able to begin their investigation for public life in Northern Ireland. And then of course there is the long- another seven years. Nor is it the discussed issues that only serving way those investigations should be At the core of all its work is police officers are compelled to progressed. the principle of independent cooperate with us. All members of investigation: that people cannot the public are compelled to cooperate I am setting up a Disclosure Unit with investigate anything or anyone to with the police and with others during specialist staff dedicated to provide which they have had a previous criminal justice investigations. We are information and materials to the connection or involvement. a criminal justice body and should courts and in particular to support have those powers too,” she reasoned. the Coroner’s inquests,” explained Whatever the future holds for the Mrs Anderson. Office, it views that principle as One area of life in Northern Ireland non-negotiable. which stubbornly refuses to develop The new Police Ombudsman has is the community’s approach to said she would like to see more dealing with its troubled past. joint working with other police Several attempts to find a better accountability mechanisms such as way of dealing with those matters the Policing Board, Her Majesty's

37 POLICE OMBUDSMAN FOR NORTHERN IRELAND

POLICE OMBUDSMAN FOR NORTHERN IRELAND 2000-2020

38 20 Years of dealing with complaints about the conduct of police officers in Northern Ireland.

39

Police Ombudsman for Northern Ireland New Cathedral Buildings 11 Church Street BELFAST BT1 1PG

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