The Chief Constable asked the Police Ombudsman’s Office to investigate after an RUC officer (Officer A) discharged four shots during a chase that continued over the border from County Armagh into the Irish Republic.
The chase began after two police officers travelling in an unmarked car reported that a white Ford Transit van was being driven erratically at Mullurg Road near Tandragee.
The officers gave chase but the van failed to stop despite warning lights and sirens being operated on the police car. The pursuit continued for about 20 miles and more than 30 minutes, during which the van swerved across the road, preventing the police car from passing.
At one point an officer from another station attempted to stop the vehicle by standing in the road with his arm raised. He was forced to jump out of the way to avoid being struck.
The van finally pulled over in the Republic of Ireland, on a road between border checkpoints 54 and 56. The RUC officers, who had crossed into the Republic during the chase, approached the van.
Officer A twice shouted “Armed police” before a man was noticed running across a nearby field. He then shouted, "Armed police, stop or I'll shoot" before firing two shots into the ground. When the man failed to stop he repeated the warning before firing a further two shots. The officer later told Police Ombudsman investigators that the shots had entered the ground at least 40 yards from the suspect.
Officers from An Garda Siochana arrived at the scene almost immediately. They informed the RUC officers that they were in the Republic and took over the investigation.
During their investigation, Police Ombudsman investigators reviewed a range of evidence. This included audio and written records of the RUC's command and control tape and all notebook entries relating to the incident. Witness statements were provided by the two officers involved in the pursuit, the officer who attempted to wave down the van during the chase, and the officer who produced the radio transmission tapes and associated records. The RUC officers directly involved in the pursuit were also interviewed and the police issue MP5 firearm used during the incident was seized.
A request was also made to the Garda for information about the incident. The Garda sought the advice of the Irish Attorney General, before responding that there was “no mechanism to allow the information sought to be transmitted to the Police Ombudsman, nor does it seem possible for the information to be passed even on a voluntary basis.” Investigators were, however, able to source statements made by Garda officers and by the van driver to the Garda. These were sourced from the solicitor acting on behalf of the van driver.
When interviewed about the incident, Officer A told Police Ombudsman investigators that, given the suspect’s obvious determination to escape, he believed he was dealing with a terrorist-related incident rather than a fuel smuggling operation.
He said the warning the shots had been necessary as he believed the suspect was fleeing from an explosive device. Other options had been tried and failed, including the attempted police roadblock and a request for backup, which had not arrived.
The officer added that he had seen no indication during the pursuit that they had passed into the Republic. The incident happened during the foot and mouth outbreak and he expected all border crossing points to be highlighted. A Police Ombudsman investigator later travelled the same route and confirmed there were no road signs to indicate that the border had been passed.
The officer did not, however, refer during interview to a key element of his previous statement. He had previously stated that the RUC had warned its officers of a "high and imminent terrorist threat" in the run up to the incident. Specifically, this warning referred to a van similar to that involved in this incident being in the hands of terrorists. The Garda had also intercepted a large vehicle bomb the previous day.
The van driver provided two statements in relation to the incident – one to the Garda and one to the Police Ombudsman’s Office. These were found to be conflicting.
In his statement to the Garda, he stated that he was collecting diesel for the van’s owner. He said he was unsure if the vehicle was stolen or not, nor whether he was insured to drive it. He panicked when he saw police behind him and decided to head to the border to escape. Once he was confident he was in the Irish Republic he stopped the van, jumped out and ran across a field.
As he ran, he heard shots and looked round to see a police officer pointing a gun at him. He then stopped and waited to be arrested.
However, in his subsequent statement to the Police Ombudsman’s Office, he claimed the van was owned by a different person. He said he had been collected from his home by this man and driven to a lay-by where the unattended van was parked. He then drove the van, following its owner for a distance, before realising that a police car was behind him. He contacted the owner of the van by mobile phone and said he was told to keep driving and not stop. The owner then pulled over and allowed the van and the police car to pass.
The van driver said he believed he had heard a shot being fired as he drove the van. He continued driving until he thought he had left Northern Ireland, then stopped and ran off across a field. As he did so he said he heard five or six shots, one of which, he claimed, had whizzed past his ear. Another went into the ground near to his feet. He then saw a Garda officer come towards him across the field, whereupon he gave himself up.
When asked whether a shot had been fired from the car, Officer A said he was certain none had. As it was an armoured vehicle, the windows did not wind down and it did not have a sunroof.
The Police Ombudsman's Office also established that Officer A had not attended refresher firearms training since July 1998, when he gained a 100% pass mark. The failure to attend refresher training was in contravention of guidelines stating that officers must reclassify in the use of the MP5 every 12 months.
Outcome of investigation:
The Police Ombudsman pointed out that regulations regarding the use of police firearms are governed by the concepts of necessity, reasonableness, proportionality and minimum force. In the circumstances, she said it was "not entirely clear" that the four rounds discharged as the suspect ran away "were necessary to achieve the objective."
"It is clear that the individual running away posed no immediate threat to anyone, whatever may or may not have been in the vehicle."
However, she said that while she was "anxious regarding the proportionality of the discharges", the lack of co-operation by the Garda in co-operating with the Police Ombudsman's enquiry precluded "any adverse conclusion as all facts could not be elicited."
Mrs O'Loan added that the suspect's account of a bullet having gone past his ear could not be relied upon, given that he had given a totally different account to the Garda.
She also described as "unacceptable" the fact that Officer A had not attended refresher training on two occasions as required by guidelines, but pointed out that the PSNI had since issued a force order to reinforce officers' awareness of the need to keep training up-to-date.
Recommendations for police as a result of the Police Ombudsman’s investigation:
The Police Ombudsman recommended that:
- The Secretary of State should consider whether an approach should be made to the Department of Justice in the Republic of Ireland to seek reciprocal arrangements should similar circumstances arise again. "At a time of development of co-operation in matters of policing North and South, appropriate arrangements are clearly required," said Mrs O'Loan.
- Officers in charge of District Command Units along the border should consider what action is necessary to ensure all officers are aware of border locations. "There may be very serious legal, political and operational implications for armed officers travelling into another jurisdiction," she said.
- Officer A should receive advice to remind him of his responsibility to ensure that his firearms training is kept up-to-date.