This incident arose after the Scottish Football Cup Final between Celtic and Rangers on Saturday May 4 2002.
After the match rival factions came together at various interfaces in North Belfast and serious civil disorder happened. The initial disturbances were at the Ardoyne roundabout but soon enveloped a wide area around the roundabout, Ardoyne shop fronts and public roads such as the Limestone Road and Alliance Avenue.
Police Ombudsman investigators visited the locations where the riots had taken place and viewed CCTV pictures which captured some of what happened.
From viewing the CCTV footage and listening to police radio transmissions, it is evident that police were subject to sustained and vicious attack for several hours and that the intention of some rioters was to seriously injure or kill officers.
There were numerous occasions when petrol bombs and other missiles were thrown at officers, and even though the officers had been given permission to use baton rounds the officers did not respond. Their restraint should be commented upon.
Twenty-seven police officers were injured during the rioting. Police Ombudsman investigators contacted the Royal Victoria, Belfast City and Mater Hospital Accident and Emergency Departments and confirmed that they had not treated anyone with baton injuries.
The Police Ombudsman's Office has not received complaints from any member of the public in relation to what happened.
Given the volatile situation, it was impractical to attempt to recover the discharged rounds. Follow up searches by police did not locate them.
Enquiries have established that there was no specific intelligence about prospective problems after the match. While such football clashes can be expected to attract a level of trouble, there had never before been such major disorder.
The police were not prepared for the sudden and serious outbreak of disorder and were taken by surprise by the speed of events. Within 15 minutes rival factions were fighting and the police were overwhelmed: officers were involved in hand to hand fighting and in real danger of harm. The situation deteriorated, with police vehicles being sprayed with petrol and crowds mounting sustained attacks on the police. Citybus cancelled all services in the North Belfast area.
At 17:25 (adjacent to North Bar), Constable A fired a baton round at a man attacking the police with bricks and bottles, hitting him on the left thigh.
At 17:27 (adjacent to the North Bar) Constable A fired at a man attacking police with bricks and bottles, hitting him in the groin.
At 17:32 Constable A fired at a man attacking police with bricks and bottles, hitting him on the right thigh
At 17:32 Constable A fired at a man attacking police, hitting him in the groin.
At 17:34 – 17:40 Constable A fired at three people throwing bricks and bottles: two of the men were hit in the lower half of their bodies and the third baton hit a wall.
At 17:37 Constable B (Woodvale Avenue/Twadell Avenue) fired at a man running at police with a large stone. The baton round missed but the officer did not see where it went.
At 17:39, Constable B fired at a man attempting to hit police with a hatchet, hitting him on the right hip. Within minutes the Constable was taken to hospital and treated for a suspected broken neck.
At 17:52-17:54 Crumlin Road/Brompton Road junction Reserve Constable C fired at a man with a large brick who was about to throw it at the opposing crowd. The round struck him on the right thigh. He then fired at a man attempting to break the window of a police vehicle, hitting him on the right ankle. He then fired a third round at a man throwing a brick at the opposing crowd: that baton missed its target and fell to the ground.
At 17:56 Reserve Constable C fired at a man throwing a large concrete block at the side window of a police van hitting him on the right leg.
At 17:58 Reserve Constable C fired at a man wielding a metal police at the police and army, hitting him on the left knee.
At 17:58 in Twadell Avenue, Constable A fired at a man attacking the police and army with bricks and bottles, hitting him in the groin.
At 18:00 North Queen Street/Sparmount Street, Constable D fired at a man who was and had been throwing objects at the police, hitting him on the left leg. He then fired at another man. That baton missed its target, went into the crowd but did not hit anyone. Both shots were fired as the Constable feared for his safety.
At 18:00 - 18:15 North Queen Street/Duncairn Gardens Reserve Constable C fired at a man attempting to open the door of a police Landrover, hitting him on the right thigh. He then fired at a man attacking a police vehicle with a golf club, hitting him on the right thigh. The officer also fired at a man who was trying to slash the tyres of a police vehicle, hitting him on the lower left leg. The Constable feared that the vehicle could have been immobilised, which would allow the crowd to overturn it, with a threat to the officers inside.
At 18:05 at Twadell Avenue Constable A fired at a man but the baton round missed and fell onto the road.
At 18:07 Constable A fired at a man attacking the police and army with bottles and bricks, hitting him on the right arm.
At 18:13 Reserve Constable C fired at a man who was attempting to open the rear doors of a Landover with a steel bar, hitting him on the upper leg.
At 18:15 near to Ardoyne shop fronts, Constable E fired at a man who was throwing concrete bricks at police, hitting him on the right buttock.
At 18:20 at the junction of Westland Road and Cavehill Road Reserve Constable C fired at a man who was about to throw a large bottle at the opposing crowd, hitting him in the right ankle. He fired at another man with a large stick but the baton missed and landed in a hedge near the fire station. The Constable then fired at a man who was using a long metal pole to get into a police vehicle, hitting him on the thigh
At around seven o’clock gunmen were seen in the area and the police came under fire
At 17:15 Constable E fired at a man standing on a roof who was about to throw a petrol bomb on police officers below. Taking into account that the roof was flat and that if hit the man was unlikely to fall, the Constable took aim. The man's lower body was obscured by the parapet of the roof and the baton hit him on the chest. The Constable fired at a second man on the roof with a petrol bomb. The baton missed its target and hit the roof.
At 19:32 Ardoyne Road. Constable A fired at a man with a wooden club who was attacking police and army lines with bricks and bottles, hitting him on the upper thigh.
Outcome of investigation:
This report finds no evidence of police misconduct surrounding the use of baton guns.
From the available evidence it is believed that the use of Baton guns in the circumstances was necessary in order to prevent the loss of life or serious injury to members of the public or to police officers. 32 'strikes' were within current guidelines: one was not.
That strike was by a Constable who fired at a man standing on a roof who was about to throw a petrol bomb on police officers below. Taking into account that the roof was flat and that if hit the man was unlikely to fall, the Constable fired.
The Constable said that he had considered the risks in firing but believed the man was a real and immediate risk to the lives of his officers below and there was no other way of preventing him from throwing the device. In the circumstances, his actions would seem justified.
Recommendations to police as a result of the Police Ombudsman's investigation:
The Police Ombudsman's Office has been unable to locate any records that any oral warning had been given prior to the discharge of baton rounds. The Police Ombudsman's Office accepts there was serious civil disorder with petrol bombs, gunfire and missiles being used against the police. It can still be argued, however, that there were occasions when such warnings could have been given before firing baton rounds.
This matter should be brought to the attention of the relevant personnel to help protect members of the public and save officers from possible sanction at a later date.
Since this incident, and following previous recommendations by the Police Ombudsman's Office, concerns surrounding the issuing and accounting of baton guns and ammunition have been addressed by the PSNI.
Since this incident, all football matches are the subject of a higher level of structured planning and preparation.