At around 4.30am on Friday May 20, 2001, a police patrol was called out to an address in Newtownabbey in response to a burglary reported on the 999 system.
When police arrived at the scene they noticed a man, who appeared to be wearing a balaclava or monkey hat, crouching down behind a nearby car. Two officers alighted from their vehicle and gave chase as the man ran towards a Porsche 911 parked nearby, containing another person who also seemed to be wearing a balaclava and was revving the engine of the car.
The officer, who was about 10 feet away from the vehicle, drew his personal protection weapon and shouted: "Stop, armed police, get out of the car." The occupants slouched down in their seats and accelerated towards the officer who was forced to jump out of the way. The car narrowly missed him and as it passed, he discharged one round at the rear nearside tyre. The Porsche, however, continued to drive away, forcing the second officer to also jump out of the way to avoid being hit.
Soon after another officer who had been deployed to the scene noticed the Porsche speeding along a nearby road with no lights displayed. The officer ran to a footpath and threw a portable searchlight at the windscreen. The car failed to stop but was recovered nearby later the same day. It was subsequently confirmed as having been stolen.
The car was later inspected by a Scenes of Crime Officer (SOCO), who noted that it had a shattered windscreen on the driver's side, the tyre on the rear nearside had become detached and there was damage to an alloy wheel rim. A closer inspection of the rear nearside wheel showed there was only one hole on the inside of the wheel rim. On removing the tyre the SOCO found the missing piece of the rim, which bore a mark consistent with a bullet strike.
Police Ombudsman investigators also spoke to three witnesses who had heard but not seen the incident. Their accounts to a large degree corroborated those given by the police officers involved. The officer was also found to have been properly authorised and trained in the use of his firearm.
Outcome of investigation:
The Police Ombudsman's Executive Director, Mr David Wood, concluded that the evidence showed that the officer had a real fear for his life when he discharged his weapon, particularly since the same officer had sustained injuries during a previous similar experience.
"In taking 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."
Mr Wood added that there was no evidence to support any criminal offence nor justify any disciplinary proceedings.