The Police Ombudsman launched an investigation after a police officer discharged his personal protection weapon while attempting to prevent an armed robbery in Newtownards town centre. The incident happened at around 7.30pm on 23 October 2002.
The officer was a member of a two-man patrol which was travelling along Court Street in an unmarked police vehicle when they noticed two males acting suspiciously. Both were wearing baseball caps, one walking a few paces behind the other. The officers reported seeing one of the males pull up the collar of his jacket as if to cover his face, and then running in the direction of a local newsagent's. The man proceeded to the shop where he pinned the shop owner against a wall.
Both officers got out of their car and approached the suspect. One officer ("Officer A") reported seeing the suspect produce a handgun from the inside left of his coat, whilst still pinning the shop owner against the wall. Officer A drew his weapon and shouted: "Police: stop or I will shoot you."
The suspect looked at the officer, released his grip on the shop owner and began to run off, but came to a halt when Officer A again shouted: "Stop." He turned to face the officer, who stated that the suspect's gun was then pointed in his direction. The officer shouted: "I am going to shoot you", but on assessing the situation realised that a number of youths in the doorway of a nearby amusement arcade were in the line of fire. The officer stated that he then discharged a single warning shot into the air.
The suspect reacted by dropping his weapon and, together with the other male, ran off in the direction of Greenwell Street pursued by the other police officer ("Officer B"). Officer A advised Officer B not to shoot as the suspect was now unarmed.
The armed suspect was spotted by Officer B going to hide in undergrowth and was apprehended when additional police arrived at the scene. The other suspect made good his escape.
Meanwhile, Officer A spoke to the shop owner who was unhurt and stated that nothing had been taken. The officer also advised the youths at the arcade to stay away from the handgun and placed an empty wastepaper bin over it to preserve it for forensic examination.
Forensic analysis later established that the weapon used by the suspect was a 8mm Vattio combat pistol, capable of firing rounds but containing no ammunition.
During their investigation, investigators from the Police Ombudsman's Office interviewed both officers, who were clearly in shock, as well as the shop owner, whose account of the incident fully corroborated that given by the officers.
They also visited the scene, noting that the amusement arcade doorway was directly behind the position of the recovered firearm, taking into account the position of the police vehicle. Investigators also spoke to youths at the amusement arcade, but they refused to co-operate with the investigation.
Outcome of investigation:
Mrs O'Loan concluded that the officer who discharged the shot "had to make an immediate decision based upon the safety and potential harm to members of the public, his colleague and himself."
"The only other option open to the officer was to have shot the suspect, but due to the close proximity of a number of members of the public this was not viable or safe.
"Taking into account all the circumstances and evidence in this case, the use of force was proportionate, within legislation and guidelines, necessary to prevent serious injury and in accordance with Force instructions and training."
No public complaints about police behaviour were received, and no one was injured in the incident, and the Police Ombudsman noted that her investigation had received the full co-operation of the police.
The investigation also established that the training record of the officer who discharged his firearm was fully up-to-date and that he had been properly authorised to use his weapon.