A police officer has been disciplined after shooting at the tyre of a vehicle which made off from a joint police and Revenue and Customs checkpoint near Newcastle, Co. Down, on 3 October 2005.
Police gave chase after the Isuzu 4x4 was seen performing a U-turn as it approached the checkpoint on the Dundrum Road. It then drove onto the hard shoulder and undertook a row of cars as it made off at speed towards Newcastle.
Two police vehicles began a pursuit and after following the vehicle along a number of minor roads, caught up with it when it mounted a grass verge. The police drivers positioned their vehicles in front of and behind the Isuzu and an officer got out to challenge the driver.
Officer jumped out of the way of vehicle but was struck on the leg.
However, the driver of the Isuzu drove his vehicle back and forward, striking both police cars, as he attempted to evade arrest. The officer who was attempting to speak to the driver was forced to jump out of the way and at one point was struck on the leg by the Isuzu.
He told Police Ombudsman investigators that a female passenger in the car was banging on the window and screaming. He said he believed she may have been kidnapped and, when the Isuzu was nearly at a standstill, he decided to fire a shot to try to puncture a rear tyre and immobilise the vehicle.
The driver nevertheless managed to drive away, but was apprehended a short time later after abandoning the vehicle.
Firing at vehicle presented a number of risks including igniting fuel, compromising the vehicle steering and threat to public and officers.
Police Ombudsman Mr Al Hutchinson said police guidelines directed against firing at moving vehicles. He said this presented a series of risks including a threat of explosion should the bullet penetrate the fuel tank, a threat to those in the car or other road users and pedestrians should a tyre be punctured and the vehicle be made difficult to control.
In addition, he said the strike of a bullet on vehicle bodywork could be mistaken for a flash from gunfire and lead other officers to mistakenly return fire. There was also a risk of ricochet or of the bullet penetrating into the car cabin, threatening those inside.
Mr Hutchinson also pointed out that while police officers and members of the public had been placed at risk during the pursuit, there was no immediate threat when the shot was discharged.
He noted, however, that the officer had made "a split-second decision...under stress", that the shot had been fired downwards and that the vehicle had been almost at a standstill at the time.
As well as recommending that the officer be disciplined, Mr Hutchinson also recommended that the PSNI conduct a survey of its officers to assess whether they were aware of police guidelines on the use of personal protection weapons.