During a day of sectarian tension in the area on 26 July, hand-to-hand fighting developed between rival Nationalist and Loyalist crowds.
The area surrounding the Ardoyne roundabout (at the junction of Twadell Avenue, Crumlin Road and Woodvale Road) is a community "interface" that has been the scene of sectarian violence and public disorder for many years. This had been exacerbated at the time of this incident by disputes over access to the nearby Holy Cross Primary School. During a day of sectarian tension in the area on 26 July, hand-to-hand fighting developed between rival Nationalist and Loyalist crowds. Police officers were initially forced to remain within their vehicles because of the heavy stoning in progress. By 11.45pm the situation had grown so serious that the Police Inspector on the scene requested that permission be granted to deploy baton guns; this was granted by an Acting Assistant Chief Constable.
Police officers from a Mobile Support Unit started deploying into a line in order to push back a crowd, but were attacked with bricks, masonry, bottles and acid bombs. Shortly before midnight, the Police Inspector at the scene instructed two officers to load their baton guns and to engage identified rioters; no public order warning was given because of the ferocity of the attacks. One officer discharged three baton rounds at men who were throwing bricks. He told Police Ombudsman investigators that each round struck its target. The rioting then calmed, and a Police Superintendent withdrew the authorisation to use baton guns.
Two members of the public later made complaints against the police, alleging that they had been hit by baton rounds. Neither complainant matched the descriptions given by the police of the individuals at whom baton guns had been discharged. One complainant later withdrew her complaint. Police Ombudsman investigators found the statements given by the other to be unreliable and conflicting: in particular there was no evidence to show that he had been struck by a baton round.
A third person later appeared on a television news broadcast saying that he had been struck by a baton round; this person did not match the police description of any of the people struck. The Police Ombudsman has received no complaint or contact from this individual. Footage of the incident shown on television also disproved statements from this and other witnesses about the extent and severity of the rioting.
Outcome of investigation:
The Police Ombudsman concluded that the discharge of the baton rounds was fully justified and proportionate, as were the authorisation and directions given. It was accepted that the giving of a public order warning was impractical, owing to the heavy rioting that was occurring. However, it cannot be proved that the person targeted was more than 20 metres away from the police officer when the third baton round was discharged (Guidelines issued by the Association of Chief Police Officers (ACPO) at that time prohibited the use of baton guns at ranges of less than 20 metres, "unless there is a serious and immediate risk to life which cannot otherwise be countered"). Thus it cannot be absolutely demonstrated that the deployment and use of the baton rounds were totally in accordance with the relevant RUC/PSNI and ACPO guidance.
Resulting recommendations for police:
A number of minor issues were raised with the police as a result of the investigation. These concerned the updating of officers' individual training records, and a recommendation that qualified baton gun assistants should be deployed with baton gunners.