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Watchdog still to report on shooting

THE Police Ombudsman has still not published its report into the fatal shooting of a joyrider by the PSNI – nine months after it was ready to publish its findings.

And the News Letter has found that the 2006 case has taken 47 per cent longer to complete compared to an average significant investigation.

Twenty-three-year-old Steven Colwell was driving a stolen car when he was fatally shot by police at a checkpoint in Ballynahinch in April 2006. The father-of-one was originally from the Shankill area of Belfast.

In December 2009, the Public Prosecution Service decided there was "insufficient evidence" to prosecute the police officer.

At that time – nine months ago - the PPS said it had made its decision not to prosecute "following a thorough investigation by the Police Ombudsman".

At the same time, a Police Ombudsman spokesman said that it had examined the shooting in detail and the events which led up to it; interviewed members of the public and police officers and had undertaken an extensive forensic analysis and reconstruction.

He added that the ombudsman would "move to issue the findings of its investigation", adding: "Our findings will be released in the new year (of 2010]."

However, the Police Ombudsman was last night not able to offer any clear explanation as to why it has still not published its report. Nor was it able to say why the investigation has taken 47 per cent longer than the average significant case it deals with.

Under the Freedom of Information Act, the News Letter asked the ombudsman for the average length of time taken for cases of ordinary or high profile standing.

The ombudsman said it does not electronically record such information, but referred the News Letter to the "Other Significant and Historical Investigations" section of its website.

The average length of such cases was 36 months – however the investigation into the officer who shot Mr Colwell has now taken 53 months, with no sign of closure.

A spokesman for the Police Federation, which speaks on behalf of rank-and-file officers, last night said it was "a matter of concern" that the case cannot be resolved more speedily. He added that such investigations have "a serious impact on police officers and their families".

South Down MLA Jim Wells said the case seems to have taken "an extraordinary" length of time. He added: "I believe that it is in everyone's interest that the ombudsman's report is issued as soon as possible."

In December, Mr Colwell's oldest brother, 43-year-old Gary Colwell, said police had used "excessive force" and promised to overturn the PPS decision and take legal action "to get answers".

A spokesman for the Police Ombudsman said it acknowledged that it had been "a lengthy and complex investigation".

He added: "It has involved extensive forensic and reconstruction work, deliberation on complicated legal issues, and the Public Prosecution Service has also given the case detailed consideration.

"A concluding report is now being prepared for the justice minister, the Policing Board and the chief constable, as well as a file for the coroner. It is in the interests of all parties involved – particularly the family and police – that these are completed, and we are working towards that as quickly as workloads and resources allow.”


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Tuesday 29 May 2012

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