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Report

Discharge of nine baton rounds during rioting in the Ardoyne area of north Belfast.

Incident Date: 9 January 2002

An argument between two women close to the Holy Cross Primary School in north Belfast proved to be the catalyst for a day of serious street disturbances in the area.

Police Ombudsman investigators established a sequence of events based on the PSNI's command and control log and officers' notes and statements. There was no CCTV footage from the area and police did not deploy video evidence-gathering teams due to the spontaneity of the trouble.

At 3pm youths were throwing stones across the interface in Alliance Avenue and fighting had broken out in and around the school grounds. There were also reports of serious rioting and large groups making their way towards the school.

At 3.10pm police reported fireworks being discharged towards their lines in the Ardoyne Road. Three police officers were also forced to draw their personal protection weapons in the grounds of Holy Cross School when confronted by a hostile crowd of 30 people armed with bricks and bottles.

The situation escalated further with attempts to hijack vehicles. A police officer was almost pulled from his Land Rover and a police vehicle was set alight. By 3.57pm it was reported that youths in Alliance Avenue were throwing stones into Glenbryn.

Authority to use baton rounds at the Ardoyne shop fronts was granted at 4.25pm, based on the fact that a substantial threat was posed by a large crowd which had surged out of Brompton Park and that attempts had been made to hijack a vehicle. By 5.29pm the situation was reported to be much quieter and the Crumlin Road was reopened to traffic. At 5.39pm permission to use baton rounds was withdrawn.

However, over the course of the subsequent three hours large groups gathered again in the area and petrol bombs and large fireworks were directed at police. The crowd set fire to vehicles and attempted to push them towards police and Army personnel.

Police continued to come under attack with petrol bombs, bricks and bottles and at 9.36pm the first baton round was fired, striking a youth on the lower leg. He limped back to Brompton Park.

A minute later a second round was fired at a male who emerged from Brompton Park onto the Crumlin Road. Officers at the scene reported that he had been carrying an ignited petrol bomb and was hit on the upper left thigh, before running back into Brompton Park.

At 10.15pm another baton round was fired at a male who officers stated had a bottle in one hand and lighting material in the other. Officers saw the round striking him on the ankle.

In Estoril Park some members of the crowd were reportedly seen with "walkie talkies" and appeared to be directing the petrol bombers. A whistle was heard to be blown and the petrol bombers made off in response to this.

At 10.47pm a barricade across the Crumlin Road was formed with large silo bins and other heavy debris. A number of petrol bombs were thrown at members of the press standing nearby.

A further six baton rounds were discharged as the rioting continued, before authority to use baton rounds was withdrawn at 11.56pm. During the subsequent two hours the crowds largely dispersed and police numbers were decreased appropriately. By 2am the area was mostly quiet with just isolated incidents being reported.

Outcome of investigation:

The sustained and violent attack led to the deployment of baton rounds. The available evidence supports the individual discharges of baton rounds. Their use was fully justified and proportionate in the circumstances and along with other public order tactics eventually resulted in the dispersal of the hostile crowd.

The authorisation and directions given were appropriate and proportionate and consistent with Human Rights and legislation. It is worthy of note that the decision to authorise the deployment of baton rounds was reviewed on no less than five occasions and whenever the situation allowed this was withdrawn.

The deployment and use of baton rounds was undertaken fully in compliance with guidance issued by the Association of Chief Police Officers. No misconduct matters were uncovered during the investigation.

The baton round reports were found to have been completed properly and they, along with the officer's notes and statements, were supplied promptly to the Ombudsman's office.