Police discharged one baton round in the Mountpottinger Road area of East Belfast on 10 August 2002, during a day of rioting resulting from ongoing tensions around the Cluan Place/Clandeboye Gardens "interface" area.
The trouble occurred on the day of a Loyalist parade in Derry/Londonderry. Police had drafted extra resources into the Short Strand/Albertbridge Road area in readiness for any violence that might occur as marchers from Belfast took part in feeder parades before setting off for the main demonstration. The feeder parades, however, passed off without incident and police units were stood down to await the return of the parade later in the day.
However, at 2.20pm, police reported stone throwing at the interface between the predominantly Loyalist Cluan Place and neighbouring Nationalist Clandeboye Gardens. Youths in both areas ran off when police arrived at the scene.
Upon speaking to residents of Cluan Place, police discovered that they were planning to erect flags. Officers informed them that this could be deemed to be provocative, and after discussion residents agreed to fly the flags from a derelict building which was not overlooked by the Catholic area.
At 5.39pm police received reports of stones and bottles being thrown from Clandeboye Gardens into Cluan Place. An hour later it was reported that stones were being thrown in both directions.
Shortly before 7pm police reviewed the situation and due to intensifying disorder additional units were deployed to the area. Additional resources were also deployed to police the parades on their return from Londonderry/Derry at about 7.20pm.
At the same time, police reported heavy stone throwing from Clandeboye Gardens and further police units were sent to that location. Officers also spoke to a community representative who stated that he would try to calm the situation if police pulled out of the area.
At 7.48pm police reported that there were just a few persons milling about on the Clandeboye side and that it was all quiet on the Cluan Place side, but within 10 minutes stone throwing had begun again.
At 8.15pm police deployed additional units in response to intensifying disorder in the Short Strand area. As police units attempted to move into both sides of the interface they reported encountering a group of women on the road at Clandeboye Drive who were attempting to prevent police deployments.
At 8.31pm a water hose was sprayed from Clandeboye Drive into Cluan Place. Women and children were reported to still be sitting in the road obstructing officers.
At 8.36pm further police resources were deployed to assist officers in Clandeboye Drive. Police spoke to a community representative who tried to persuade the stone throwers to stop, and delayed further deployments to allow the representative to attempt to intervene.
At 8.39pm the stone throwing was continuing and police reported that a crowd of around 200 people had moved into Clandeboye Gardens from Madrid Street. Vehicles were placed across the road at Clandeboye Drive to block access to the area for police vehicles.
At 8.41pm, police reported that the crowd was growing rapidly and authority to deploy baton guns was granted. Meanwhile, a military unit was deployed at Middlepath Street and police units reported coming under attack at Cluan Place. Large crowds were also reported to be making their way towards Paulet Avenue on the Albertbridge Road.
Just before 9pm as additional police officers moved into Clandeboye Gardens, police units reported coming under a sustained barrage of bricks and other missiles. A rapid advance was carried out in an attempt to disperse the crowd, and police units succeeded in pushing the protestors onto the Mountpottinger Road. As police followed them they were confronted by a group of people throwing missiles. One youth broke away from the crowd and struck an officer around his neck. Another officer was struck on the head with a missile and fell to the ground unconscious. Police officers stated that as he lay on the ground a crowd of around 150 people surged forward, many throwing bricks and missiles.
As the crowd approached a baton gunner was ordered to "engage, engage." Police stated that due to the immediacy of the situation, it was not possible to issue a verbal warning before a baton round was discharged at 9.04pm. The round was directed at a male who police stated had been throwing missiles and had bent down and picked up a dark object which he put a lighter to. The baton gunner told Police Ombudsman investigators that he feared the man was lighting an explosive device. He discharged one round from a distance of 20 yards, but missed his target. The gunner's account of the discharge and the events leading up to it were corroborated by his baton gun assistant.
The device lit by the rioter subsequently transpired to be a large firework which discharged projectiles towards the injured police officer. After the baton round was fired the crowd moved back, allowing the injured officer to be brought behind military lines.
Police reported that four petrol bombs were thrown into Cluan Place from Clandeboye Gardens at 9.06pm, and at 9.09pm a group of 30 to 40 people, mainly women, moved into Clandeboye Gardens from Madrid Street. A further petrol bomb was thrown.
Meanwhile a police shield line was established at the front of Cluan Place, facing a crowd of about 200 people on the Albertbridge Road, many of whom were throwing missiles.
By 9.17pm police had managed to advance through Clandeboye Gardens, sustaining injuries as they did so. One officer required hospital treatment as a result.
Permission to deploy baton guns was withdrawn at 9.57pm and while large numbers of people stayed on the streets disturbances were sporadic. By 1am the area was quiet and the police and military presence was reduced.
During their investigation of the incident Police Ombudsman investigators reviewed a range of police documentation, including command and control logs, officers’ notes and statements, the baton round report, armoury records and baton gun training records. No CCTV or video footage of the incident proved to be available. Investigators also visited local hospitals to identify potential witnesses or anyone who might have been struck by a baton round, but without success.
A total of 13 police officers and 14 members of the public were injured during the disturbances.
Outcome of investigation
Police Ombudsman Mrs Nuala O'Loan concluded that the discharge of the baton round was "fully justified and proportionate in the circumstances and, along with other public order tactics, resulted in the eventual dispersal of the hostile crowd."
She added that it would have been impractical, given the immediate danger to the unconscious officer, for police to issue a verbal warning before discharging a baton round.
"The authorisation and directions given were appropriate and proportionate and consistent with all legal requirements. The deployment and use was undertaken fully in compliance with guidance issued by the Association of Chief Police Officers," said Mrs O’Loan.
In addition, Mrs O’Loan’s report noted that police had tried a range of different tactics before the baton gun was discharged, including an initial low profile approach, liaison with community leaders and the deployment of officers without baton guns.