Between 5pm and 5.49pm on May 25, 2002, two baton rounds were discharged by police during rioting by Nationalists on the Garvaghy Road, Portadown.
The rioting took place as police escorted Junior Orange Lodges returning from a parade in Bangor, along a section of the Garvaghy Road. A crowd had gathered near the gates of People's Park on the Garvaghy Road, and several people threw bottles at police lines. Authorisation to use baton rounds was given when the trouble escalated, with security forces being attacked with petrol bombs and suspected acid bombs.
During their investigation into the discharge of baton rounds, Police Ombudsman investigators viewed video recordings of the disturbances taken by a police evidence-gathering unit. The video provided a clear picture of the events leading up to, during and following the discharge of baton rounds. One male person could be seen throwing a number of petrol bombs at police lines. He also appeared to be trying, without success, to incite the crowd to take part in attacking the police. On one occasion this person can be seen throwing a lit petrol bomb at police in People's Park. The video shows him being struck by a baton round on the left leg. He is seen to limp away and then return to throw another lit petrol bomb, at which stage a second baton round was discharged at him. There is no evidence that the second round struck him, nor reports that the round struck anyone else. The evidence from the video tends to confirm this.
Outcome of investigation:
The investigation found that the use of the baton rounds was "proportionate, necessary and justified" and "fully in compliance with guidance issued by the Association of Chief Police Officers." The officer who discharged the rounds was found to be trained and qualified in the use and deployment of baton guns. The issuing of baton gun and rounds were properly recorded, together with the number of rounds fired.
The Ombudsman's report also noted that careful planning, together with community consultation and an appropriate measured response by police to changing circumstances, minimised the opportunity for disorder.
In addition, the Ombudsman found that the police had considered and used other options prior to and during the deployment of baton guns. These included: an initial low profile approach, liaison with local representatives, the deployment of officers without baton guns, the immediate withdrawal of authority for use once the threat had subsided, and the use of loudhailers to warn the crowd of the intended use of baton rounds.
Immediate access was given to all available police records, which were found to be in order.