A Sinn Féin MLA has said that at no point did he suggest his party would withdraw support for the PSNI during discussions with senior officers about the policing of a Troubles memorial event in 2021.
Policing Board representative Gerry Kelly said he wanted to “set the record straight” following the latest controversy to hit the North’s police force after a Belfast High Court judge ruled that a decision to discipline two junior officers was unlawful.
The row has led some unionist politicians to call for the resignation of chief constable Simon Byrne.
Mr Justice Scoffield said this week the decision was made to discipline the officers to allay any threat of Sinn Féin abandoning its support for policing in the North.
However, Sinn Féin denied there was any threat to withdraw support.
Mr Kelly said: “It’s a matter of public record that we raised our valid concerns with the chief constable and senior police officers about the arrest of victims on the Ormeau Road where families were commemorating the murders of their loved ones by loyalists.
“I want to set the record straight.
“At no stage during any calls to, or meetings with, senior PSNI officers did I suggest or insinuate that Sinn Féin would withdraw support for the rule of law or policing, or remove our members from the Policing Board.”
A special meeting of the Policing Board has been called for Thursday to discuss the latest crisis to hit the force.
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 court ruling has prompted further criticism of Mr Byrne, who is already under pressure following revelations of data breaches this month.
Trevor 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 Féin] 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.”
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.
SDLP Policing Board member Mark H Durkan said serious issues with policing had been exposed.
He added: “The chief constable, the Policing Board and all of us with an interest in securing the new beginning to policing must act urgently to address this situation.”
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 Police Federation, Mr Justice Scoffield said: “Both the deputy chief constable and the chief constable were acutely aware of the threat of Sinn Fein withdrawing support for policing and/or withdrawing from the Policing Board if immediate action was not taken in respect of the officers’ duty status.”
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.”
