The Police Ombudsman has found that a police officer placed himself in danger and created a situation in which he was forced to fire a warning shot at a vehicle which he feared was going to run over him.
The incident happened after the officer got out of his own vehicle and approached a Vauxhall Cavalier car which had evaded police during a pursuit. The officer fell between the two vehicles before discharging a shot when he feared the car was going to be driven at him.
The Vauxhall had previously driven through a police checkpoint and had collided on a number of occasions with a police vehicle as the driver tried to escape.
The incident, which happened near Omagh in the early hours of 26 January 2006, was referred by the Chief Constable to the Police Ombudsman for independent investigation.
Enquiries by Police Ombudsman investigators established that the Vauxhall had first come to the attention of police when it passed a police patrol travelling in the opposite direction on the Drumquin to Omagh Road.
An officer recognised the car and believed it was suspicious to see it in that area at that time. After turning around and following it, and having carried out various checks, the officers tried to stop the car by activating their vehicle's sirens and flashing lights.
Car drove straight through checkpoint without slowing down.
When the Cavalier failed to stop, one of the officers requested that a vehicle checkpoint be set up on St Dympna's Road, but asked that the road should not be blocked. The Cavalier drove straight through the checkpoint without slowing down, forcing an officer to take evasive action to get out of its way.
Police continued their pursuit until the Cavalier turned onto St Dympna's Road and came to a standstill. The officers stopped their car about 15 yards behind it, but when an officer got out and approached, the Cavalier suddenly reversed at speed, colliding with the front of the police car, and causing the officer to injure her back as she jumped back into her vehicle. The Cavalier then drove off again, and again police followed.
A short time later the driver of the Cavalier performed a handbrake turn which resulted in the vehicle coming to a standstill facing the police car.
The driver of the police car placed his vehicle at an angle across the road, but the Cavalier was again driven at police, impacting with the front of the patrol car.
Both officers then got out of their vehicle and approached the Cavalier, which was trying to force its way through a very narrow gap. One of the officers stood at the front wing of the police car and ordered the driver to stop. When the driver failed to do so, the Officer, fearing for his life, drew his personal protection weapon and again ordered the driver to stop.
The Cavalier reversed back again, and when the officer ran forward to try to open its driver's door, the car was driven directly at him, narrowly missing him as he moved out of its way.
As the Vauxhall was forced through the gap past the police car, the officer who had drawn his weapon ran to the rear of the police vehicle but fell at the back of the car. The Cavalier had stopped in the middle of the road and had its engine running.
The officer was then positioned between both cars, which were at most 10 yards apart. Fearing that he may be killed or very seriously injured, he discharged a single aimed warning shot at the passenger side of the Cavalier, which then drove off.
Police Ombudsman investigators received evidence that the officer had considered all options open to him, and believed that firing a warning shot was the only viable means of protecting himself. There was also evidence that he had taken account of his surroundings in order to minimise the risk to anyone.
During their investigation of the case, Police Ombudsman investigators obtained police notebooks and other documentation, as well as copies of police radio transmission recordings. Statements were obtained from all the officers involved in the incident, and the officer who discharged the shot was interviewed under caution.
The incident scene was secured for forensic examination and photography, and house-to-house enquiries were conducted in the area.
The Vauxhall Cavalier, which was recovered after being abandoned by the suspects, was forensically examined. No bullet holes or striation marks were found, indicating that the warning shot had not hit the vehicle. The police car was also examined - both it and the Cavalier had sustained extensive collision damage.
Having considered the evidence, the Police Ombudsman, Mr Al Hutchinson, said: "The facts of the case illustrate that the Officer placed himself in danger by getting out of the police car. The officer's colleague had already been forced to jump back into the patrol car when the suspect vehicle had previously rammed the police car.
Officer recommended to receive advice and guidance about the risks of firing at vehicles.
"It is clear the officers would have been safer had they remained in their car. They would also have retained greater flexibility in relation to how they might prevent the stolen car escaping, potentially averting the need to draw a weapon."
Mr Hutchinson recommended that the officer receive advice and guidance in relation to the use of warning shots and the risks associated with firing at vehicles.