The chief constable of the PSNI has no option but to resign following a court judgment which said a decision to discipline junior police officers over an incident at a Troubles memorial event in Belfast was unlawful, a DUP Policing Board member has said.
Trevor Clarke said Simon Byrne has lost the confidence of officers, politicians and the public.
However, Sinn Féin has said the court judgment is a “matter for the PSNI”.
High Court judge Mr Justice Scoffield ruled this week that the decision was made to discipline the officers to allay any threat of Sinn Féin abandoning its support for policing in Northern Ireland.
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.
Mr Byrne said he accepted the findings of the court but added that neither officer has been disciplined to date.
The ruling has prompted further criticism of Mr Byrne, who is already under pressure following revelations of data breaches this month.
Mr Clarke, the DUP’s lead representative on the Policing Board, said it is difficult to see what credibility the chief constable has left.
He told the BBC Good Morning Ulster programme: “Where a judge has said a chief constable is prepared to sacrifice his young officers, how can the chief constable or anyone else expect anyone’s support after that?
“I spoke to the chief executive of the Policing Board yesterday asking for a meeting with the chief constable, but we are at the stage now that it is difficult to see any credibility that the chief constable has left.
“I think if he was making that decision today, he would make that decision himself.”
Asked if he is calling for Mr Byrne to resign, Mr Clarke said: “It is clear the officers don’t have confidence and now politicians don’t have confidence, and clearly the public won’t have confidence, so I think if you work out the consequences from that, the only option open to Simon is to resign at this stage.
“The chief constable has said, and the counsel for the chief constable has said, he was guided by their (Sinn Fein) threat to leave the (Policing) Board.
“There is nothing to prevent me or anyone else speaking to the officers of the police, but they shouldn’t be held by threats by us or anyone else on the basis of our support for policing.
“Clearly Sinn Féin has used conditional support and the chief constable has read into that and made a decision based on that.”
A Sinn Féin spokesperson said: “The arrest of a victim who was shot during the 1992 Sean Graham’s Bookies massacre at a commemoration was appalling.
“A small number of members from families of the victims gathered on the Ormeau Road in February 2021 to remember their loved ones and call for the publication of a delayed Police Ombudsman’s report into their murders by a loyalist gang.
“Sinn Fein very publicly raised our concerns with the Chief Constable and senior police officers on the treatment of victims and their families.
“The court’s ruling on the suspension of two police officers following this incident is a matter for the PSNI.”
Ulster Unionist Party leader Doug Beattie has asked for an urgent meeting with Mr Byrne, while TUV leader Jim Allister said the chief constable should resign.
The two officers faced action in 2021 following the arrest of Mark Sykes, a survivor of a loyalist gun attack on the Sean Graham bookmakers shop in south Belfast in 1992.
The controversial incident unfolded when police challenged those attending a memorial event amid suspicions 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 and it was announced that one officer was to be suspended and one repositioned.
Following a legal challenge by the Policing Federation, Mr Justice Scoffield said: “Both the deputy chief constable and the chief constable were acutely aware of the threat of Sinn Féin withdrawing support for policing and/or withdrawing from the Policing Board if immediate action was not taken in respect of the officers’ duty status.
“It is impossible to avoid the conclusion that the pressure so exerted was, in large measure, a result of a wholly separate and unrelated incident which was wrongly conflated with the actions of the applicants in the incident in which they were involved.”
In a statement in response to the court’s findings on Tuesday, Mr Byrne said the incident was “difficult for everyone”.
He added: “Those paying their respects at a memorial event, the young officers who attended on behalf of the police service, and for the public who observed the footage of an incident which happened shortly afterwards which circulated across media platforms.
“As chief constable, I accept the findings of the court.
“In particular that there was a legal error in the way in which the public interest test was applied in deciding to suspend one officer and reposition another, rendering the action unlawful.
“It is important however to clarify that neither officer has been disciplined to date.
“This judgment relates to the decision to suspend one officer and reposition another whilst the Police Ombudsman conducted an investigation following a public complaint.
“We will of course take time to carefully consider the full judgment to ensure any lessons are learnt to prevent any future recurrence.”
