The Police Ombudsman launched an investigation after police officers discharged four shots as they attempted to apprehend a gang fleeing the scene of an armed robbery in Derry/Londonderry. The shots were fired at Racecourse Road, on the outskirts of the city, just before 1pm on July 22 2002.
All discharges of police firearms in Northern Ireland are automatically referred by the Chief Constable of the PSNI for investigation by the Police Ombudsman.
The shots were fired by members of a two-man police patrol (the driver Officer A, and his passenger Officer B) who gave chase after spotting the robbers' vehicle turning off the Greenshall Road onto Bradley Pass, before turning onto the Glengalliagh Road.
In a statement to Police Ombudsman investigators Officer A recalled that he had been able to draw close enough to the suspect vehicle to confirm its registration as that given by police command. The car was a silver-coloured Renault Megane Scenic which had been stolen earlier that day from a house in the city.
He stated that as it travelled towards Lenamore Pass, he manoeuvred his car alongside it and noticed that the driver was wearing gloves and a wool hat. His colleague (Officer B) recalled that a rear seat passenger had a scarf over his face, and that a front seat passenger was wearing dark clothing.
As the two vehicles travelled side-by-side, Officer B recalled opening the passenger door of the police vehicle and drew his revolver. He pointed the gun at the driver of the suspect car and shouted "Armed police, stop your vehicle."
The driver responded by ramming the passenger side of the police car, jamming the door against the front nearside wing of the car. It continued to push the police vehicle onto the wrong side of the road into the path of oncoming vehicles.
Officer A later told Police Ombudsman investigators that he believed his life, and the lives of his colleague and members of the public were in danger. He raised his revolver and aimed above the roof of the Renault car. He said that, having ensured that the backdrop was a safe grassed area, he fired two shots.
The Renault then disengaged from the police vehicle and continued driving along the Glengalliagh Road, through the Ballyarnett roundabout, and back onto the Racecourse Road, heading in the direction of the border.
At one point the Renault braked suddenly, causing the police car to collide with its rear. As the two cars resumed their chase, the police driver attempted to overtake the Renault, which again rammed the police car, almost forcing it off the road. The driver of the stolen car continued to drive erratically, forcing oncoming traffic to swerve out of its way.
Close to the entrance to the Ballyarnett Travellers Site police officers recalled that the suspect vehicle had again braked sharply, causing the police car to once again collide with its rear. The impact caused the police car to become trapped between the Renault and a grass verge, trapping Officer B in the vehicle.
Officer A also became trapped when the Renault reversed again into the police car, pushing it further into the grass verge. He told investigators: "I was frantically trying to free my vehicle by trying to reverse out of the situation."
At this point Officer B shouted that the occupants were getting out of the suspect car. Officer A said that he looked up to see the driver of the Renault reach across his body with his right arm. He told his colleague, "he's going for a gun" and immediately drew his police issue Ruger revolver. He said he knew that the backdrop to the incident was open fields, and fired two rounds through the windscreen of the police car towards the Renault and in front of the driver.
The Renault then sped off, leaving behind one man who had exited the vehicle when it was stationary. This man ran off across a field, but was apprehended when Officer B, who had managed to get out of the police car, gave chase on foot. The man gave himself up when Officer B shouted "Stop armed police."
The man was handcuffed and led back to the police vehicle. Some £2,200 in cash was recovered during a follow-up search of the area.
Subsequent forensic analysis of the vehicles established that damage to the front offside quarter light of the Renault had been caused by a lead-bearing object, probably a bullet. Two holes were found in the windscreen of the police car, along with a large piece of jacketing from a bullet head. This was consistent with the description of the incident given by Officer A.
Police Ombudsman investigators also listened to police radio tapes and reviewed all police documentation connected to the incident, including the officers' statements and notebook entries. They also established that both officers had been fully trained in the use of their firearms at the time of the incident.
Outcome of investigation:
The Police Ombudsman, Mrs Nuala O'Loan, concluded that there was "overwhelming evidence" that the Renault was being driven dangerously and intentionally at the police vehicle.
She found that the officers' use of force had been proportionate to the circumstances, given that they were pursuing armed robbers who were endangering the lives of the officers themselves, as well as members of the public.
However, Mrs O'Loan also found that while the lives of the officers had been at risk, some of that risk could have been avoided.
"The officers undoubtedly acted with some courage following a very serious offence," said Mrs O'Loan. "But their determination blinded them to obvious danger which in turn placed them in a position where they were forced to use firearms. Given that a bullet appeared to strike the quarter light of the Renault car, potential lethal injury could well have occurred."
While the police could learn lessons from the incident, Mrs O'Loan concluded that the officers involved had not been guilty of any criminal or misconduct offences.
Recommendations to police as a result of the Police Ombudsman investigation
The Police Ombudsman recommended that a synopsis of the incident should be used during police training "as a learning opportunity" for other officers.