A PSNI Sergeant has received a Superintendent's Written Warning after discharging what the Police Ombudsman described as "an unnecessary and dangerous" shot at a vehicle as it passed through a police checkpoint in Derry/Londonderry.
The officer discharged his personal protection firearm at an Isuzu Trooper vehicle when it drove past him and another officer who tried to wave it down. The incident happened at the city's Madam's Bank Road at around 0400 hours on Saturday 17 January 2004.
The officer, who was not wearing high-visibility clothing and did not have a torch, said he believed the vehicle was being driven directly towards him. He said he fired a warning shot as he believed his life was in danger.
Shot was fired after vehicle had passed officer. Threat of ricochet placed members of the public at risk.
However, a video recording of the incident indicated that, given the officer's position on the road, he was in no apparent danger from the vehicle. Detailed analysis of the recording also showed that the shot was fired at the vehicle after it had passed him.
The Police Ombudsman, Mr Al Hutchinson, said there had been the potential for the shot to ricochet and potentially endanger the lives of people in the vicinity. These included the occupants of the Isuzu vehicle, a fellow officer standing nearby, and members of a television crew who were accompanying the officer's patrol and who filmed the incident as part of their work on a fly-on-the-wall television documentary about policing in Derry/Londonderry.
Following the Police Ombudsman's investigation a file was sent to the Director of Public Prosecutions who directed that the officer should not be prosecuted in relation to the discharge.
The Police Ombudsman, however, considered that the officer's actions warranted disciplinary proceedings and recommended that he receive a Superintendent's Written Warning, and also undertake retraining in conflict resolution and firearms usage. The officer has since received the warning.
Mr Hutchinson also recommended that when officers are intending to stop vehicles, especially during night time hours, that they should be required to use equipment, such as a torch and high visibility clothing, to clearly identify themselves and their position.