Police who faced criticism for their handling of a republican commemoration where shots were fired in the air have been cleared of misconduct.
A Police Ombudsman investigation into the events in Derry in August 2021 found that although the PSNI planned “appropriately” for the INLA commemoration, by the time it became apparent that firearms were likely to be used it was too late to mount an operation to intervene.
Footage that circulated widely on social media at the time showed two masked men firing shots from what appeared to be automatic weapons in front of a mural of INLA hunger striker Michael Devine in the Galliagh area of Derry.
The commemoration marked the 40th anniversary of Mr Devine’s death after 60 days on hunger strike inside the Maze paramilitary prison.
There was significant criticism of the policing operation, including from unionist politicians who questioned why officers had failed to intervene.
The Police Ombudsman’s office subsequently commenced an investigation to assess the appropriateness of the PSNI’s planning and response to the incident.
Commenting on the findings of the watchdog probe, the chief executive of the Police Ombudsman’s office, Hugh Hume, said it was clear that police had used all information available to them while planning for the event.
“Unfortunately, that information was somewhat limited, and it was unclear exactly what would happen, what format it would take, and whether firearms would feature,” he said.
“By the time it became apparent that firearms were likely to be used, police did not have enough time to task appropriately trained officers to intervene.
“Nevertheless, it is clear that police had begun considering a range of different options weeks in advance, and policing plans were reviewed and updated as additional information was received.”
He said during that time police undertook a community impact assessment and analysed available intelligence.
Once shots had been fired at the event, the police commander at the scene determined that sending additional officers into an area where possible gunshots had been fired was likely to put officers at risk and create a threat to the lives of members of the public.
The commander instead ordered additional steps to assist in gathering evidence about the event. A search of the scene was also later carried out, but no bullet casings were recovered.
Although the Police Ombudsman’s investigation found no evidence of police misconduct, the watchdog has made several policy recommendations to the PSNI.
These included that the PSNI should develop specific guidance to assist officers in planning for and responding to such events.
In response, the PSNI told the ombudsman that although it did not have specific guidance, it did have policies aligned to the Authorised Policing Practice (APP), which is an official source of professional practice for policing across the UK.
The police also said measures were in place to ensure that learning, good practice and feedback were shared among officers involved in co-ordinating such operations.
Commenting on the PSNI response, Mr Hume said: “Whilst the value of the national APP is accepted the ombudsman believes there should be clear local strategic objectives and guidance for such events, to assist police commanders in their response to both pre-planned and spontaneous incidents.”
The ombudsman also recommended that minutes should be produced of all operational planning meetings for such events. The PSNI said that although minutes had not been produced for one meeting related to the operation, it was its policy to do so. The PSNI has now issued a reminder to relevant officers.
A third recommendation relating to media training for officers conducting interviews was accepted by the PSNI.
Commenting on the findings, PSNI Deputy Chief Constable Bobby Singleton said: “The Police Service of Northern Ireland acknowledges the findings of the Police Ombudsman and has accepted its recommendations.
“It’s worth highlighting that operations of this type are amongst the most complex and dynamic we have to contend with. They often place our commanders in circumstances where they have to make significant decisions on the safety of the public and our officers with much less information than they would like.
“The ombudsman’s recommendations are useful organisational learning points which we have already incorporated into the planning and operational response to such events helping us prevent any recurrence.
“We remain committed to learning, listening and continuously improving our organisational response and in that spirit will further reflect upon the findings of the ombudsman’s full investigation to identify if there are any other opportunities to share feedback and good practice.”
