The Police Ombudsman has concluded that police were justified in discharging a total of 120 Attenuated Energy Projectiles (AEPs) during three consecutive nights of serious rioting in north Belfast in July 2010.
Officers were attacked with bricks, bottles, petrol bombs, blast bombs, iron bars, burning vehicles and live fire during more than 20 hours of rioting spread across the three nights.
More than 40 officers were injured including a female Police officer who had a concrete block dropped on her from a rooftop.
As part of their investigation into the use of AEPs, Police Ombudsman investigators reviewed over 400 hours of CCTV footage of the disorder, as well as all relevant police documentation and police radio transmissions.
The trouble began on 12 July when police moved in to remove Nationalist protesters who had blocked the road in protest against an Orange Order parade along the city's Crumlin Road.
In the run up to the parade, police had held meetings with the Orange Order, the Crumlin Ardoyne Residents Association (CARA) and other community representatives with a view to ensuring the event passed off peacefully.
CARA had notified the Parades Commission, which had approved the Orange Order parade, of its intention of staging a counter demonstration.
Police had also received information that dissident Republican elements were planning to attack officers policing the parades.
The parade past the Ardoyne shopfronts on the morning of 12 July passed off peacefully, but protestors blocked the Crumlin Road with a sit-down protest in advance of the return evening parade.
Trouble flared at about 6.30pm, when police began to move the protestors from the road.
Some members of the local community intervened in a bid to prevent disorder.
Despite the efforts of some members of the local community who intervened in a bid to prevent disorder, the attacks on police intensified as more protestors were removed from the road.
Police then moved two water cannon vehicles into the area in anticipation of more widespread violence, and police units were authorised to deploy AEP guns but not to use the weapons.
At around 7.25pm police reported that they were being attacked with heavy masonry and petrol bombs by rioters positioned on the roofs of the shops at the Ardoyne roundabout.
Police also received information that officers were likely to be attacked with blast bombs, and at 7.39pm the police Silver Commander authorised the use of AEPs against identified targets deemed to pose a serious threat to life or of causing serious injury.
Several warnings were then issued to the crowd, and when these went unheeded, police began to use AEPs and water cannon against the rioters.
At 8.34pm the Orange Order parade passed the Ardoyne shopfronts. Missiles were thrown at the parade and at police, and a group of five police Land Rovers were attacked on the Ardoyne Road. One of the Land Rovers was immobilised when it's tyres were burst by rioters, who then almost succeeded in getting into the vehicle. Officers in the other Land Rovers discharged AEPs to fend off the attackers.
Petrol bombs thrown at Police, 10 vehicles hijacked, 40 officers injured.
Rioting continued for several hours, during which 75 petrol bombs were reported to have been thrown at police. In addition, ten vehicles were hijacked, some of which were driven at police and set alight. A total of 40 officers sustained injuries.
Evidence reviewed by Police Ombudsman investigators shows that the police Silver Commander kept the authorisation to use AEPs under continual review throughout the period of the disorder.
The authority was finally withdrawn at 2.54am on 13 July when the Silver Commander judged that the level of violence had reduced to such a degree that the use of AEPs was no longer justified.
AEP's discharged, 68 reported to have struck their targets.
By that stage a total of 96 AEPs had been discharged by police, 68 of which were reported to have struck their target.
13 JULY 2010
Police maintained a presence in the area in anticipation of further trouble the following day, 13 July 2010. Units were mobilised to deal with a number of outbreaks of disorder, including attacks by groups of youths on the Unionist Glenbryn area, and fighting between rival Nationalist and Unionist groups in the Twaddell Avenue/Brompton Park area.
Police used water cannon against rioters, but by 9.48pm police reported that these were not being effective in keeping rioters away from police lines. The cannons were also running low on water.
The police Silver Commander then authorised the use of AEPs at the Ardoyne shops, where officers were deemed to be at greatest risk. Authorisation was also granted for use of AEPs against a violent crowd at Brompton Park/Crumlin Road at 10.10pm, and against rioters at the Ardoyne shop fronts at 10.32pm.
Drivers of Police Land Rovers reported that they were being targeted with laser pens.
During the course of the disorder, as well as being attacked with heavy masonry, fireworks and petrol bombs, drivers of police Land Rovers reported that they were being targeted with laser pens.
Police also had information to suggest that blast bombs would be used against them, and it was reported that around six live rounds had been discharged at police, although no witnesses, either civilian or police, reported having seen a gunman. Nevertheless, armed response crews were placed on standby, and officers armed with rifles were deployed.
The remains of a pipe bomb were also discovered by police as they withdrew from the area.
By the end of the evening police had discharged a total of 21 AEP rounds, 15 of which were reported to have hit their target.
14 JULY 2010
The violence continued for a third night after rival groups gathered on either side of the Crumlin Road. Police called for assistance from both Unionist and Nationalist community representatives, who made attempts to disperse the crowds and reported that only a minority were intent on attacking police.
A cache of petrol bombs was recovered in the Ardoyne area after information was provided by members of the local community, and a number of arrests made. However, a small number of people continued to attack police.
By 10pm large rival crowds had gathered at Brompton Park and on either side of the Ardoyne roundabout. Police formed a line across the Crumlin Road to keep the opposing factions apart and came under attack on all three fronts.
Request for use of water cannon refused given the small number of rioters.
The police Silver Commander, however, refused a request for the use of water cannon given the small number of people involved in the rioting, and for fear of bystanders being affected by the spray.
The rioting intensified, with heavy masonry, fireworks, catapults, laser pens and petrol bombs being used against officers.
Given the serious threat, the Silver Commander authorised the use of AEPs at 11.41pm. Verbal warnings were given, and when these failed to prevent the rioting, police discharged three AEPs at identified rioters, two of which struck their targets.
Permission to use AEPs was withdrawn by the Silver Commander at 1.01am.
CONCLUSION
The Police Ombudsman, Mr Al Hutchinson, concluded that the use of AEPs in North Belfast between 12 and 15 July 2010 "was lawful and in accordance with existing legislation given the serious threat to police officers and members of the public posed by the rioting.
Police subjected to sustained and prolonged attacks by large crowds.
He said police had been "subjected to sustained and prolonged attacks by large crowds" and had resorted to using AEPs only after all other viable means of tackling the disorder had been tried and failed.
"Officers were deployed in vehicles and on foot to keep rival factions apart, water cannon were employed and repeated warnings were given that AEPs would be used if violence continued."
Mr Hutchinson concluded that the use of AEPs had been justified "given the serious threat to officers and members of the public, and because all other viable options available to police had been exhausted."
The Police Ombudsman received one complaint, by email, about the discharge of AEPs on 12 July 2010. The complaint was closed after the complainant failed to co-operate with the Police Ombudsman's enquiries.