A police officer has been disciplined after a Police Ombudsman investigation confirmed he had failed to disclose information relevant to the prosecution of a number of people following a sectarian attack in Coleraine.
The officer in question led the investigation into the attack on 24th May 2009, during which a number of people received serious injuries. 49-year-old Kevin McDaid died later that night in hospital.
During the subsequent trial it became apparent that the police officer had failed to reveal his disciplinary history, including complaints that he had made sectarian remarks about a colleague and concerns about his ability to lead a major enquiry. He had been disciplined informally following some of the allegations which had been made.
The judge hearing the case took the view that although this information did not undermine the officer’s investigation of the attack, it should have been disclosed to the Public Prosecution Service.(PPS)
The matter was subsequently referred to the Police Ombudsman Office by the PSNI and by the Public Prosecution Service for independent investigation and was the subject of a complaint by Mr McDaid’s family.
Police Ombudsman investigators obtained all relevant police information about the officer’s disciplinary record, examined case material, liaised with the PPS and examined audio recordings and transcripts of the court proceedings.
Having considered this material, the Police Ombudsman, Dr Michael Maguire, was also the view that the officer should have provided this material to the PPS:
“The prosecution has a legal duty to disclose any material which might reasonably be considered capable of undermining its case or assisting the case for the defence. This officer failed to disclose such material to the Public Prosecution Service,” he said.
Dr Maguire recommended that the officer be disciplined, which has since been administered.
Dr. Maguire also recommended that the PSNI should take steps to ensure its Service Improvement Department is informed about all disciplinary sanctions imposed on its officers, including those administered at a ‘district’ level, as in this case.