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Report

Discharge of six baton rounds at Garvaghy Road, Portadown.

Incident Date: 26 May 2001

After an approved parade by members of a Junior Orange Lodge, a crowd of between 60 and 70 Nationalist youths attacked police on the Garvaghy Road, Portadown.

The attack was sustained and heavy: missiles thrown included golf balls, nuts, bolts, paving stones, iron bars and petrol and acid bombs, and a burning car was pushed towards the police.  A total of 57 police officers were injured with a number requiring hospitalisation.

Shortly after 7.00pm police officers discharged four baton rounds; no warning was given because of the ferocity of the attack upon the police, but their use was authorised by the Police Inspector at the scene.  Police reported that all of these baton rounds had struck people. 

The attack on the police continued, and about an hour later an oral warning was given that baton rounds would again be used.  A Police Superintendent authorised the discharge of two further baton rounds, and police reported that one had struck a person.

During their investigation of the incident, investigators from the Police Ombudsman's office reviewed police videotapes, radio transmission tapes, CCTV coverage, baton reports and the training records of police baton gunners. Local hospitals were also visited to identify anyone who had been struck by a baton round, but no patients claimed to have suffered such injuries.

Outcome of investigation:

The Police Ombudsman, Mrs Nuala O'Loan, commented that, given the "level and extent of violence directed at the police, the injuries sustained by officers and the types of missiles and weapons used, they demonstrated significant restraint in their use of baton rounds."

"There is no doubt that they were faced with an extremely violent situation, with rioters making use of a variety of potentially lethal weapons against police," said Mrs O'Loan.

"The use of baton rounds during this incident appears to have been lawful, justified and proportionate, complying with legislation, guidelines and the requirements of Human Rights Law," she added.

Resulting recommendations for police:

Mrs O'Loan noted that the investigation of the incident by her office had been significantly hindered by a delay in submission of necessary information by the police. "The PSNI must appreciate the importance of the early completion of notes of an incident and baton round reports, along with their early submission to the Police Ombudsman," she said.