At around 3am on 21 April 2002 police and army personnel attended the scene of a confrontation between rival sets of youths, numbering between 40 and 50 people in total, at Carlisle Circus, Belfast. The security forces were tasked to keep the rival factions apart.
Police Land Rovers were arranged in a line across Clifton Street, facing the Carlisle Circus roundabout, about 20 to 30 feet from its junction.
At about 3.30am a red BMW car, which had been stolen from the car park at Maysfield Leisure Centre, emerged onto Clifton Street from the Westlink, followed by another vehicle. As they proceeded along Clifton Street in the direction of Clifton Circus the first car was stopped by military personnel.
At this point a man emerged from the second car and approached the driver's side window of the red BMW. He was shouting about his car having been stolen and it later transpired he was the owner of the red BMW and had been travelling around Belfast in search of it. Having spotted it in the Lower Falls area of the city he had followed it as it travelled along the Westlink before turning into Clifton Street.
However, as he reached towards the driver's side window of the car it sped off towards the police and military vehicles. Police, army and civilian witnesses interviewed by Police Ombudsman investigators recall the vehicle "snaking" from side to side as it approached security force lines "at high revs", forcing civilians, police officers and soldiers to dive out of the way as it came towards them.
As the car passed through a gap between two police Land Rovers, a policeman was struck by the vehicle and became trapped underneath it as it continued in the direction of the Antrim Road. Witnesses recall the car continuing to accelerate with the officer underneath. At this point one officer threw a handheld baton at the vehicle, while another drew his police issue revolver, pointed it at the stolen vehicle and discharged a single shot.
The car, however, continued on its course, dragging the officer along the road for some 200 yards. He was found by colleagues lying on the Antrim Road having suffered serious injuries.
A later forensic examination of the vehicle - undertaken as part of the Police Ombudsman's investigation of the incident - established that the bullet discharged by the police officer had struck the forward side of the driver's door mirror. It perforated the mirror and entered the vehicle through the open driver's door window, passing behind the steering wheel and across the instrument panel, before shattering the front passenger's door window and exiting the vehicle.
Forensic examination of the officer's revolver revealed the weapon to be well maintained and to show evidence of having fired one shot.
Outcome of investigation:
The Police Ombudsman, Mrs Nuala O'Loan, concluded that whilst the officer had an honest belief that failure to discharge his firearm would lead to the death of his colleague, the chances of potential injury to officers and members of the public by ricochet or an out of control vehicle were significant.
"In all the circumstances, the officer was faced with an immediate decision and made a subjective decision based on the circumstances unfolding before him. However, his decision led to potential danger to others and was unlikely to achieve its purpose."
Mrs O'Loan referred to PSNI firearms regulations relating to discharging a weapon at a moving vehicle, noting that the dangers associated with such an action included ricochet, the risk of the vehicle going out of control if the driver is killed, and the likely inaccuracy of fire due to the movement of the shooter or the subject.
During the course of their investigation, Police Ombudsman investigators also examined the officer's firearms training record. It showed that his training was not up to date and he was therefore not authorised to use the weapon. The Police Ombudsman stated that the officer should be advised of the need to ensure his training is kept up to date.
Recommendations to police as a result of the Police Ombudsman's investigation:
The Police Ombudsman recommended that the records and practices of all firearms training within the DCU Command should be reviewed to ensure compliance with firearms procedures.