Ormeau Road commemoration arrest: PPS issues decision on prosecution of police officers

One probationer PSNI officer was suspended and another “repositioned” by the chief constable after the officers had moved in to investigate what appeared to be a public gathering on Belfast’s Ormeau Road in breach of Covid regulations in February this year.

A survivor of the UDA gun attack that claimed five lives, Mark Sykes, was arrested by one of the officers on suspicion of disorderly behaviour and resisting arrest.

He was released from custody following an outcry from nationalist representatives and Chief Constable Simon Byrne issued an apology.

In a statement on Wednesday, the PPS said charges were considered in relation to “allegations of assault against a member of the public” during the commemoration.

PPS Assistant Director Martin Hardy said he recognised the sensitivities surrounding the police response to the commemoration which is held annually to mark the murder of five people and wounding of nine others at Sean Graham’s bookmakers on the

Ormeau Road on 5 February 1992.

The statement said: “The PSNI officers, who were not aware of the background to the gathering and came across it whilst on patrol, approached the event in light of potential breaches of the Covid-19 legislation in place at the time.

“This led to an incident between civilians and police which resulted in the arrest of one member of the public. A complaint was subsequently made to PONI which resulted in two officers being investigated and reported to the PPS for decisions as to prosecution.”

Mr Hardy said: “The complaint related to the actions of the officers in arresting and handcuffing one person during the incident.

“Having carefully considered the available evidence, the PPS decision was that there is insufficient evidence to prove that the actions of the officers in arresting the civilian, and applying handcuffs to him, were unlawful.

“Separate consideration was given to whether an omission to remove the handcuffs after a period of time had passed could amount to an assault by a police officer. Again, after a thorough examination of all matters, it was concluded that the Test for Prosecution is not met for any assault arising from that aspect of the complaint.”

Mr Hardy said the complainant has received detailed reasons for the decisions not to prosecute in writing, along with an offer to meet to address any further questions.

Mr Hardy said: “We are acutely aware of the deep sensitivities attached to this case, and the distress caused to the complainant through being arrested at an event to remember an atrocity which those present were so directly and profoundly impacted by.

“I would like to reassure the public that these decisions were taken impartially and after a full consideration of all relevant matters.”

Meanwhile, the judgement of Chief Constable Simon Byrne has been called into question by a DUP policing board member over his handling of the PSNI probe into the controversial arrest.

South Antrim MLA Trevor Clarke said that while he welcomed the fact that the two officers involved will not be prosecuted for assault, he believes they were “thrown to the wolves” by PSNI commanders.

“While this is a welcome outcome, it will be little comfort to the two young officers whose lives and careers have been unjustifiably disrupted by the events of the past ten months” he said.

“The PPS has found that there is not sufficient evidence to back up claims the officers acted unlawfully. This demonstrates that the chief constable’s public apology was a monumental error of judgement,” Mr Clarke added.

TUV East Belfast NI Assembly candidate John Ross said: “The public comments by the chief constable and his willingness to treat a young officer as he did again cast a huge question mark over his judgement.”

Atrocity survivor Mark Sykes will ask the PPS to review its decision not to prosecute two police officers involved in his arrest, a Sinn Fein MLA has said.

Mr Sykes, who was wounded when UDA/UFF gunmen murdered five people at the Ormeau Road bookmakers attack in 1992, was arrested as he attended a memorial service at the scene in February.

Sinn Fein policing board member Gerry Kelly said: “The events last February which saw the arrest of a victim during a short wreath laying ceremony at the scene of the murders was shocking and appalling.

“I note that Mark Sykes is to invoke the internal review mechanism in relation to the PPS decision and we support any legal action to remedy this injustice.”

Mr Kelly also said the victims’ families are being frustrated in their search the truth about the murders.

“These families have been frustrated by delays in getting to the truth of what happened that day. The police ombudsman’s report into the murders must be published as soon as possible,” he added.