The Police Ombudsman's office was called in by the Chief Constable to investigate the discharge of three baton rounds during disturbances at Drumcree Bridge, Portadown, shortly after 2pm on July 7, 2002.
The Police Ombudsman's office was called in by the Chief Constable to investigate the discharge of three baton rounds during disturbances at Drumcree Bridge, Portadown, shortly after 2pm on July 7, 2002. The rounds were fired as police and military personnel, who were manning a crowd control barrier on the bridge, came under sustained attack from Loyalist protesters.
During their investigation of the circumstances of the discharges, investigators from the Police Ombudsman's Office examined PSNI documentation, including command and control logs, officers' notes and statements, police radio transmissions and police video footage. Broadcast video footage was also viewed, and a number of civilian witnesses were interviewed. Two of the three baton round discharges by police were captured on video. A fourth baton round was discharged by military personnel, but this was not included in the Police Ombudsman's investigation of the incident.
The violence occurred following a decision by the Parades Commission that the Orange Order's annual Drumcree parade, which had been re-routed in preceding years, should not be allowed to pass along the nearby Nationalist Garvaghy Road.
The parade completed its outward journey on the morning of July 7, leaving Carleton Street Orange Hall in Portadown to travel to Drumcree Parish Church via a predetermined route at around 9.45am. At 12.30pm, following a church service, the parade reformed outside the church and moved downhill towards the security force barrier, where a number of senior police officers received a protest from representatives of Portadown District LOL. The group of senior officers were supported by a unit of Tactical Support Group (TSG) officers in full public order uniform.
As this TSG unit moved forward behind the party of senior officers, a crowd of youths which had formed on a field overlooking the bridge threw a barrage of stones and "crab" apples at the police. Meanwhile, police radio transmissions obtained by the Police Ombudsman's office indicate that bottles and stones were being thrown towards police lines behind the barrier, and that golf balls were being handed out among the crowd.
Video evidence examined by Police Ombudsman investigators also shows the senior police officer appearing to be subjected to a physical and verbal attack from members of the crowd after receiving the Orangemen's protest. Police accounts state that the officer was verbally abused and spat upon, while video evidence shows him rubbing his cheek as if struck by something, and foul language can clearly be heard being directed towards his party.
After the withdrawal of the police party behind the crowd control barrier, members of Portadown District LOL then made a number of speeches to the crowd. During these speeches, police lines behind the barrier continued to come under fire from a barrage of missiles thrown by the group of youths in the nearby field. There was no apparent attempt by parade marshals to intervene.
The violence continued and within 20 minutes of the police receiving the Orangemen's protest, the crowd had moved down to the barrier and forced their way through it. Several people had also climbed on top of the barrier and were throwing stones at police and gesturing towards them.
Police ordered rapid advances on several occasions to push the crowd back behind the barrier, which was soon so damaged as to be of no value as a crowd control measure. It was then decided that a larger barrier, which had been used in previous years and had been held in reserve, would be deployed.
With the violence intensifying and the crowd at the barrier growing more dense, police TSG units moved forward and during heavy hand-to-hand fighting managed to force the crowd back by 10 metres and establish a cordon on the other side of the barrier.
This cordon, which consisted of TSG officers and members of a military public order company, was subjected to a heavy and sustained barrage of missiles, and close quarter attacks with sticks, umbrellas and other weapons.
At 2pm police on the ground requested permission to use baton rounds, which was initially granted but withdrawn seconds later, before a round had been fired, while senior police command asked for the reasons for deployment.
Four minutes later, having ascertained from police on the ground that they were coming under severe attack, and that there was a likelihood of serious injury, the senior police commander granted permission.
As police maintained the cordon many officers were hit by large stones and boulders, and video footage shows several falling to the ground after being struck. Meanwhile, military engineers moved in to install the larger barrier.
At 2.06pm permission to use baton guns was again requested and this time was granted within seconds. After informing his baton gunners that permission had been granted, a police inspector was hit on the head with a stone and fell to the ground dazed and was escorted to the rear of the barrier by other officers.
At 2.09pm the larger barrier was in place and police were ordered to withdraw behind the smaller barrier. As they did so, the crowd again surged forward and the stream of missiles raining down on officers intensified.
A male in a beige T-shirt was captured on video as he advanced towards police lines, first of all mimicking the action of firing a gun at the officers, before picking up a large boulder and making a movement as if to throw it. As he did so a baton gunner discharged a baton round from between police shields, striking the man on the arm. He was seen to drop the boulder and fall back clutching his arm.
Immediately after this another male, who had been recorded on earlier footage throwing at least four missiles towards police, was recorded picking up and throwing two large stones in quick succession towards police lines. The man is then seen moving toward police with his arm raised as if to throw another missile. The camera pans away from him momentarily and he is next seen limping back into the crowd, having apparently been struck by a baton round.
The most ferocious attack on officers occurred as they moved behind the larger barrier, which required them to pass through a narrow entrance at one side of the construction. Video footage shows police officers being struck with stones, large boulders and at one stage what appears to be a tree trunk. Two officers are seen falling to the ground having been struck on the head, after which colleagues attempt to drag them back towards the barrier.
Another officer can be seen lying on the ground, his face covered in blood, receiving treatment from a police medic as the crowd continued to throw missiles at the withdrawing police. Some of these appeared to be reaching the injured officer.
A baton gunner moved forward, shielded by another officer carrying a shield, and discharged a baton round at a male who was moving towards him and appeared to be preparing to throw a boulder. The man was 10 metres away at the time of the discharge, and was struck on the upper left leg before being dragged back by other members of the crowd.
After firing his baton gun the officer was struck twice on the head with missiles in quick succession and fell to the ground unconscious, whereupon he was dragged through the large barrier by another officer.
Statements were also taken from two civilian witnesses in relation to the baton gun discharges, but these were at odds to the available video and documentary evidence and offered little additional evidential value to the investigation.
Once police had withdrawn behind the barrier, military engineers closed the entrance. The crowd remained on the far side of the obstacle and continued to throw stones and other missiles, but within five minutes the violence had stopped and a short time later the crowd began to disperse and headed back up the hill towards Drumcree Parish Church. Video footage shows one person carrying a police issue public order baton, an indication of the hand-to-hand combat that had occurred between police and members of the crowd at Drumcree Bridge.
A total of 19 people were arrested during the violence, for various public disorder offences relating to the protest. A total of 32 police officers were injured, with injuries including broken bones, ligament damage and serious facial injuries.
No complaints were made to the Police Ombudsman's Office in relation to the discharge of baton rounds. One person complained about the use of a police handheld baton, but the investigation was closed after he failed to indicate - despite efforts to contact him - whether he wished further action to be taken in relation to his complaint.
Outcome of investigation:
The Police Ombudsman, Mrs Nuala O'Loan, concluded that "given the intensity of the violence and the range of options considered and implemented by police prior to the discharge of baton rounds", police had exercised "considerable restraint" in their use of baton rounds.
She noted in her report: "I wish to pay tribute to the courage and restraint clearly displayed by many officers deployed on this occasion. Video evidence clearly shows the life threatening and ferocious attack to which the officers were subjected, resulting in many serious injuries. The public of Northern Ireland should be grateful for these sacrifices made to maintain order."
She added that the incident "demonstrates the absolute need for the baton gun or a viable alternative."
The report also pointed out that the training records of the two police baton gunners who discharged rounds had been examined and both were found to be correctly trained and classified in the use and deployment of baton guns. The discharge of the guns was also found to be consistent with guidance issued by the Association of Chief Police Officers, PSNI guidelines, criminal law and human rights legislation.
The Police Ombudsman did, however, express some concern at a delay in receiving all relevant police documentation in relation to the incident, although she noted that comprehensive video evidence had been provided promptly. This captured the public disorder and the police response from its inception, including two of the three discharges of police baton rounds.
Mrs O'Loan also expressed concern that the two baton gunners had not been operating with assistants as part of two man teams, as required by PSNI guidelines. There appeared, she said, to be no extenuating circumstances as to why this had been the case. Assistants are required to record details of any rounds fired.
In addition, Mrs O'Loan noted that the three baton rounds had been fired at targets who were well within the recommended minimum range for such discharges. However, she concluded from the video and documentary evidence available, that the discharges had been justified because officers had been faced with a "serious and immediate" risk to life.
The Police Ombudsman's report also expressed some concern about a delay in the deployment of a water cannon, and about "a degree of confusion" among officers surrounding its exact whereabouts prior to its deployment. She urged that greater attention should in future be given to the tactical value of water cannon in such situations, particularly the problems inherent in its deployment in conjunction with other heavy machinery.
Resulting recommendations for police:
The following recommendations to police were made as a result of the Police Ombudsman's investigation.
- The Police Ombudsman recommended that during major event planning, the PSNI should designate an officer with responsibility for collating the post-event documentation required by her office in connection with its investigations.
- Mrs O'Loan said the investigation had underlined the value of video evidence, and recommended that "maximum effort is made to video contentious events."
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The Police Ombudsman also requested that the requirement for baton gunners to be supported by assistants, in accordance with PSNI instructions, should be adhered to. "This was a well-rehearsed and planned public order event and yet this was apparently not catered for," noted Mrs O'Loan.