A baton round was fired as a group of around 400 people surrounded 10 soldiers during severe rioting between rival Loyalist and Nationalist crowds in Belfast's Albertbridge Road area.
The Police Ombudsman was asked by the Chief Constable of the PSNI to investigate after a police officer discharged a baton round in Belfast's Albertbridge Road area on Thursday 13 June 2002.
The round was fired at a person who was reported to have been attempting to light a cloth inserted into a bottle of liquid. He was among a group of around 400 people which had surrounded some 10 soldiers during severe rioting between rival Loyalist and Nationalist crowds. The round missed its target.
The disturbances flared initially when a large crowd of Loyalists, numbering several hundred people, entered the largely Nationalist Short Strand. Stones, bottles, fireworks and large boulders were thrown by the crowd. Serious hand-to-hand fighting between Loyalists and Nationalists ensued.
The violence happened spontaneously and police and military units initially tried to use their vehicles to keep the factions apart. This tactic failed and the crowd grew larger and out of control. Permission to deploy baton guns was granted and it was during serious hand-to-hand fighting that police observed the group of soldiers trapped behind their vehicle by the hostile crowd.
Additional resources arrived shortly after the discharge of the baton round and the rival groups were separated. No arrests were made.
During their investigation of the incident, investigators from the Police Ombudsman's Office acquired a range of records from the PSNI, including the following:
* Command and control log
* Officers' notes and statements
* Record of the decision log
* Video evidence of the disturbances.
The investigation established that the police officer who discharged a baton round had been properly trained and authorised to do so.
The Police Ombudsman's Office received one public complaint as a result of the disturbances. The complaint related to injuries received as a result of a baton round discharge. The complaint was closed as beyond the remit of the Police Ombudsman’s Office when enquiries revealed that the round in question had been discharged by the army.
Outcome of investigation:
The Police Ombudsman, Mrs Nuala O'Loan, concluded that the use of the baton round had been "fully justified and proportionate in the circumstances, and along with other approved public order tactics resulted in the eventual calming and dispersal of the crowd."
She said the round had been discharged in circumstances which had the potential to lead to loss of life.
In addition, Mrs O'Loan noted that police had tried a range of other tactics before deciding to use the baton gun. These included:
* The initial low-profile approach of officers
* Liaison with community leaders and political representatives to influence the crowds and dissuade missile throwers.
* The deployment of officers without baton guns.
* The immediate withdrawal of authority for use once the threat level had reduced.
* The use of loudhailers to warn the crowd of the intended use of baton guns.
In the circumstances, the Police Ombudsman concluded that the discharge was in compliance with Human Rights and legislation, as well as guidance issued by the Association of Chief Police Officers.
She added that her investigation team had been provided with a great deal of assistance from the PSNI. Immediate access was given to all available records, which were found to be in order. This enabled the investigation to be concluded effectively.