The discharge of a police firearm in the Lower Shankill area of Belfast on 6 February 2003 was referred to the Police Ombudsman’s Office for investigation by the Chief Constable of the PSNI.
A member of a police mobile patrol, which was responding to reports of serious disorder, discharged a single shot after encountering a gunman close to Boundary Way.
The incident occurred during a feud within the Loyalist paramilitary group, the UDA. It happened as members of one faction, apparently supporters of Andre Shoukri, moved into the Lower Shankill area to attack supporters of rival leader Johnny Adair.
The attack had apparently been prompted by the murder of UDA “Brigadier” John Gregg, and by the fact that a stolen car had been abandoned outside his house in the run up to his funeral.
A large number of men were reported to have driven to the Shankill Estate, armed with baseball bats, pick axe handles and other weapons, intent on attacking Adair's supporters. Police received reports that a club had been attacked and threats made against local people. There were also reports of shots being fired at Johnny Adair’s home and police officers were threatened when they tried to intervene as a mob beat a youth.
The police officer who discharged his weapon (Officer A) was a front seat passenger in a police patrol car which received a call to attend the area at 11.55pm. He was accompanied by another officer who was driving the car (Officer B).
Officer A was aware that both sides in the dispute had potential access to large stocks of firearms. Concerned that a violent clash was imminent, he requested that military units be sent to help contain any disorder.
While en route to the area the officer was informed that a large crowd was attacking houses and residents in Boundary Way. When they arrived in the area at 11.57pm, the officers observed a crowd of around 50 people which had gathered on waste ground near the Shankill Road. More people were being dropped off by motor vehicles. Some were carrying baseball bats and the activity appeared to be well orchestrated.
Officer A requested that public order units be sent to the scene. As he and Officer B continued to observe the crowd a car occupied by two males drove past, turned erratically and drove directly at a group of males standing on the footpath. It came to a halt outside the Diamond Jubilee Bar, facing up the Shankill Road.
The front seat passenger got out of the car, at which point the officers noticed that he was carrying a handgun in his left hand. Officer A ordered his colleague to drive at the gunman, who was at this point some 50 metres away. The blue lights of the patrol car were activated as they drove towards the suspect, who continued running towards the rear of Boundary Way pursued by the patrol car. The officers reported that at this time they were concerned for the safety of the people on the waste ground and themselves.
The gunman ran across the waste ground and into an alleyway leading into Boundary Way. As he entered the alley he turned and raised the firearm. Officer A, who was still inside the moving patrol car, took aim and from a distance of between 15 and 20 metres, fired at the suspect. The shot apparently missed its target and the gunman continued to run into the alleyway, disappearing from sight into Boundary Way.
At 12.03am the officer reported his actions to the PSNI's Belfast Regional Control Room, before driving back to the Shankill Road where three cars, including the one from which the gunman had emerged, had been involved in a collision. The driver of this car was arrested.
The Police Ombudsman's Office was informed of the shooting incident at 12.15am. The officer's gun was seized and found to be in order and the Police Ombudsman's investigator was taken to the scene, where the sequence of events were described to him by Officer B.
A subsequent evidential search of the area produced no trace of the round which had been discharged by Officer A. Checks were also made at local hospital casualty centres but no one had been admitted with injuries consistent with a bullet wound. House-to-house enquiries and a leaflet drop were carried out in Boundary Way and local MLAs were requested to help identify potential witnesses. None of these approaches received any response.
Outcome of investigation
The Police Ombudsman, Mrs Nuala O'Loan stated that her office had received full co-operation from the police during the investigation.
She concluded: “In taking into account all the circumstances and evidence in this case, it would appear that the use of force was proportionate, within legislation and guidelines necessary to prevent serious injury and in accordance with Force instructions and training.
"There is evidence to support the fact that a hostile Loyalist mob was intent on inflicting serious harm to members of a rival Loyalist gang. They had deliberately driven to the area intent on that purpose. Civilians had reported hearing gunshots and members of the mob were armed with other weapons including baseball bats. There was a very real danger of serious injury and loss of life."
Mrs O'Loan added that the investigation had established that the officer had been properly trained and authorised in the use of the firearm.
There were no public complaints made about the incident, and no criminal or misconduct offences were identified against any member of the PSNI during the Police Ombudsman's investigation.