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Report

Former officer acquitted of criminal misconduct

Incident Date: 2 November 2007

A former police officer has been found not guilty of misconduct in a public office, after standing trial over allegations that he had falsified a statement.

The man, who has since retired from the police, was accused of falsely claiming to have secured admissions to acts of criminal damage from three juveniles in the presence of their parents.

After receiving a report containing the statement, the Public Prosecution Service decided that the juveniles should receive Informed Warnings.

However, when one of the juvenile's fathers learned of the officer's statement, he wrote to the PSNI stating that the officer had not called with him or his wife and had not obtained any admission in their presence.

When this was queried with the officer, he admitted that he had not obtained admissions in the presence of the juvenile's parents.

The PPS subsequently decided not to prosecute the three juveniles, and the matter was referred to the Police Ombudsman's Office for independent investigation.

The Police Ombudsman's investigation established that the officer had changed an original statement which read: "I contacted the three youths' parents and guardians and informed them of the incident" to " I then called with the three youths' parents and guardians and informed them of the incident in [street name] and in front of their parents and guardians full admissions were obtained for the offence of criminal damage."

When interviewed under caution by Police Ombudsman investigators, the officer said he had amended the statement in an attempt to reflect contact he did have with the juveniles' parents and guardians. He accepted that it was badly worded and said it was had not been his intention to mislead.

The PPS, however, decided that the officer, who by that stage had retired from the PSNI, should stand trial for the offence of misconduct in public office.

A jury subsequently acquitted him of the charge after a three-day trial.