PSNI chief constable Simon Byrne has said he will not resign following a marathon meeting with his oversight body.
The DUP has said it is still calling for his resignation after emerging from the “intensive” Policing Board meeting, which lasted close to seven hours.
The meeting was held in the wake of a High Court decision to quash the actions taken against two junior officers after making an arrest at a Troubles commemoration event in Belfast in 2021.
Mr Justice Scoffield said the decision was made to discipline the officers to allay any threat of Sinn Féin abandoning its support for policing in Northern Ireland.
Unionists have accused Mr Byrne of taking unjustified action against the officers to placate republicans, while Sinn Féin has denied there was any threat to withdraw support for policing.
Ahead of the emergency meeting of the Northern Ireland Policing Board in Belfast, DUP leader Sir Jeffrey Donaldson said it was “time for change” at the top of the PSNI.
The senior police officer was already facing questions over a major data blunder which led to personal details of PSNI officers entering the public domain and getting into the hands of dissident republicans.
Following the meeting on Thursday, Mr Byrne said in a statement: “The deputy chief constable and I spent several hours in discussion with the Northern Ireland Policing Board surrounding the events of February 5th-6th, 2021,” he said.
“I highlighted that after carefully reviewing the full judgment, I sought further advice. After consideration, the question of an appeal is now live.
“Further public commentary around this matter is not appropriate at this stage.”
Asked if he retained the confidence of the Policing Board, Mr Byrne said: “That is a matter for the Policing Board.”
When asked about his position, he said: “I’m not resigning.”
Several members of the policing board emerged afterwards to state that a legal issue had arisen during discussions.
Policing Board chairwoman Deirdre Toner said board members had asked for clarity on “matters within the judgment”.
“During an intensive meeting, questions focused around specific commentary within the judgment where both the chief constable and the deputy chief constable accounting for the discussions, actions and decisions that were taken at that time in an incident that was deemed to be critical for policing,” she said.
“After today’s discussions it has become clear that there are now legal issues that the board needs to consider and receive advice on.”
DUP MLA Trevor Clarke said his position that Mr Byrne should resign as chief constable of the PSNI “has not changed”.
He said a legal issue had brought discussions with Mr Byrne to an end on Thursday evening.
When asked what the legal issue was, Mr Clarke said: “That would be a better question for the chief constable, given that it’s his issue. I think we need to give him space to explore what those options are on the basis of that.”
He said the issue had not been on the Policing Board’s “radar”, “to the extent that it became evident in the meeting”.
“It wasn’t there at the start of the process, but as the day unfolded that legal issue was presented,” he said.
Sinn Féin Policing Board member Linda Dillon said it was made clear by her party during the meeting that it did not threaten to withdraw support for policing.
She said: “I am content that we have made our position very clear that at no time did Sinn Féin threaten to either withdraw from the Policing Board or to withdraw support for policing and the rule of law.
“I still stand over what we said at the time that the treatment of Mark Sykes, the arrest and how that unveiled on the day, him a victim himself and the families that were there at a commemoration, was appalling.
“There can be no question about that.”
The incident happened on the Ormeau Road in February 2021 during a service marking the anniversary of the February 1992 Sean Graham bookmakers attack in which five people were murdered.
The two officers faced action in 2021 after the arrest of Mark Sykes, a survivor of a loyalist gun attack on the bookmakers in south Belfast.
The incident unfolded when police challenged people attending a memorial event amid suspicions that the size of the public gathering breached coronavirus regulations.
Mr Sykes was handcuffed and arrested in chaotic exchanges captured on social media.
The incident triggered a major controversy at the time and sparked criticism of Mr Byrne.
Mr Byrne apologised for the PSNI’s handling of the event at the time, and it was announced that one officer was to be suspended and one repositioned.
In a statement in response to the court’s findings on Tuesday, Mr Byrne said he accepted the court findings.
The Police Federation for Northern Ireland said that an extraordinary meeting of its executive central committee is scheduled to take place next Wednesday and that a confidence vote “may or may not take place”.
“This will be determined by central committee following the discussion,” it added.
