Doug Beattie demands clarity on what exactly happened in Police Ombudsman's 'domestic incident' that sparked criminal investigation

The UUP MLA and justice spokesman said “serious questions remain” around the episode after the PPS revealed on Thursday that they do not intend to prosecute the ombudsman, Marie Anderson.

Ms Anderson is currently on a paid leave of absence from the job, which began shortly after the PPS revealed it had received a file about her from the police.

The saga began at about 6.30pm on September 23, 2023, when police were called to what the PPS calls “a reported domestic incident” in Holywood, north Down.

Few details have been confirmed about what took place, but police said at the time that they “were unable to gain access to the address and, following contact, a man aged 63 was arrested for common assault and interviewed at Musgrave station”.

The man later accepted a caution for common assault.

The PSNI then requested that West Midlands Police lead an investigation into separate allegations against the ombudsman, relating to her conduct during the early stages of the PSNI investigation.

She was investigated for the potential offences of perverting the course of justice and misconduct in public office.

On June 9 a file was sent to the PPS about the case.

On June 17 it was announced she was taking a leave of absence because "current commentary is detracting" from her work (she had been on a previous leave of absence from at least June 2024 to January 2025 which was due to illness, the PPS said).

Then on Thursday, just over two years after the incident, the PPS announced that “the evidence was insufficient” either to establish that the ombudsman “was either acting or purporting to act as a public officer at the relevant times” or that “she misconducted herself or attempted to pervert the course of justice through anything she said or did in response to police enquiries”.

Mr Beattie has now said: “Since the Police Ombudsman has been under investigation, it has been clear that the investigation has undermined the office of the Police Ombudsman NI.

“This case has been going on for two years, with a file having been sent to the PPS in June of this year to consider if the charges met the evidential test and whether it was in the public interest to prosecute.

"Without a doubt, any prosecution would be in the public interest given the high-profile position of the ombudsman; the question is therefore – was there enough evidence to secure a conviction?

"The PPS say there was no prospect of a conviction and have taken the decision not to prosecute.

"It is difficult to understand the wider rationale for this decision, and therefore, it is important to understand the wider implications of this decision.

“There are matters of significant public interest in this case, and it is vital that, notwithstanding any possible challenge to the PPS decision, there is some independent report laying out what happened in the original incident and how it was handled.

“To that end, I will be writing to the director of the PPS to request a meeting to discuss this case to ensure wider confidence in this decision going forward.

“The saga has also revealed the severe lack of any accountability powers, such as a power to suspend any police Ombudsman, and the the Executive Office need to urgently address this accountability gap.”

This is a reference to the fact that, while the saga surrounding the case was ongoing, justice minister Naomi Long told MLAs she has “no power to remove or dislodge the ombudsman”.

Mr Beattie’s comments were put to the office of the Police Ombudsman.

The office is currently overseen by chief executive Hugh Hume in the absence of Marie Anderson herself.

Mr Hume responded with a statement: “The Office of the Police Ombudsman has demonstrated that it conducts impartial, independent and effective investigations into allegations of police wrongdoing.

"Where we find evidence that police have committed a criminal offence or failed to adhere to the PSNI Code of Ethics we will deliver evidence-based recommendations to the Chief Constable or PPS.

"For example, we reported recently that a police officer was dismissed for sending highly inappropriate and offensive WhatsApp messages, and that another officer had received a final written warning for having had a relationship with a victim of domestic abuse he met while on duty.

"However, where police have acted appropriately we will vindicate their actions and comment publicly. Recently we reported that an officer was cleared of misconduct after being involved in a traffic collision.

"We also reported that police had acted with considerable restraint during widespread disorder in June.

"Anyone wishing to make a complaint about police conduct can therefore be assured that it will be subject to careful and detailed consideration.

"Police officers too should have confidence that they will be treated fairly."