An investigation by the Police Ombudsman has said that although police fired their weapons seven times at rioters during trouble in north Belfast in August 2005, their actions could be viewed as restrained given the severity of the attacks they were under.
Police fired seven Attenuated Energy Projectiles (AEPs), the replacement to the former baton round, during intensive rioting in the Cambrai Street and the Crumlin Road area of north Belfast last year.
The events followed weeks a violent feud between the UVF and the LVF which had resulted in the murders of Jameson Lockhart and Stephen Paul. during July 2005, as well as a number of attempted murders. As part of their investigation of these crimes, police had mounted an operation on the morning of 04 August 2005 in order to arrest a number of people linked to the feud, and to conduct searches of relevant houses in the area.
Later that evening rioting broke out during which vehicles were hijacked and set on fire and police came under sustained attack. During this attack the seven AEPs were discharged, mostly in the Cambria Street, Crumlin Road area.
Although no complaints were received by members of the public, the Police Ombudsman has been asked by the PSNI to investigate all instances where police weapons are used.
Three officers admitted to Belfast City Hospital after sustaining injuries during riot.
Police Ombudsman investigators made inquiries at the local hospitals and confirmed that no members of the public had been admitted with injuries consistent with AEP rounds. At Belfast City Hospital 3 police officers were admitted with injuries as a result of the riot.
Letters were sent out to the local MP Mr Nigel Dodds and to a number of local political representatives in the North Belfast area, asking for their assistance in speaking to any members of the local community who witnessed this incident.
Investigators examined police documentation relevant to the discharge of AEPs during this incident, including Command & Control logs, copies of firearms registers, occurrence reports, officers' notebook and journal entries, and officers' witness statements.
They also examined all available video footage of this riot, including footage from a police helicopter which was present in the early stages of the disorder and news camera footage.
The first AEP was fired at 21:38. The police log notes that the person who was fired at was a "chap wearing the England top reported earlier on".
The second was fired at 21:45. Video footage shows it hitting a heavily built man in a grey hooded top who is seen throwing missiles at police. The AEP can be seen hitting this rioter on the left leg. The man limped into the crowd.
Man limped back into crowd after being struck on lower leg with baton round.
The third AEP was fired at 21: 55. The video shows it hitting a man in a dark top with a white stripe, who was at the front of the crowd, throwing missiles at police, The AEP hit him on the lower left leg, and he is seen limping out of view. Within a few seconds he returned and threw more stones at police, but then disappeared into the crowd.
The fourth was fired at 22:55 hours, but appears to hit someone other than the intended target. A young man in a white anorak was seen throwing a petrol bomb at police. Another man in a dark hooded top was seen standing behind the petrol bomber, watching him throw the petrol bomb. The AEP went to the right of the petrol bomber's legs and hit the ankle of the youth standing behind him.
The fifth AEP was discharged at 22:56. A police officer said he fired at a man jumping out of a lorry, hitting him in the leg.
The sixth was also fired at 22:56. Video footage shows it hitting a youth with an unlit petrol bomb in his hand. The youth dropped the device and crouched down in pain, clutching his stomach. Another youth then helped him to scramble back into the crowd.
The final AEP was fired at 23:00 at a man in dark clothing running at police with a petrol bomb.
On each occasion a baton round was used there was an immediate risk to life.
Police Ombudsman, Mrs Nuala O'Loan said that on each occasion on which an officer fired an AEP, there was an immediate risk to the lives of police officers or other people:
"This was a violent riot in which police were under attack for a number of hours. There is extensive footage of police being attacked with bricks and golf balls, as well as with petrol bombs, fireworks and at least 1 blast bomb. It is clear from the footage that there was immediate danger of the riot developing into a confrontation between Loyalists and Nationalists.
"From the footage, it appears that the police discharge of AEPs was minimal in the face of the violent and sustained attacks they came under from the rioters. Police clearly showed restraint by not discharging AEPs until the level of rioting had escalated, by which time a number of police officers had been injured by rocks, fireworks and other missiles."