Police discipline expert dismayed at PSNI sanction for officer involved in Ormeau Road incident

Jon Burrows, who gave expert evidence in the subsequent judicial review proceedings, said the action taken against the pair had created an “utterly toxic” feeling among some PSNI officers.

“It is really damaging any sense of organisational justice, and that is that you can be treated disdainfully if you are a member of the rank and file, but you will be treated in a very cosseted way if you are a senior officer,” he told the BBC’s Nolan Show.

It emerged this week that one of the two officers, who sparked controversy when they investigated a potential breach of the Covid regulations, has been given a formal written warning – despite the initial police disciplinary action having been deemed unlawful last August.

The fallout from the judicial review judgement was a factor in the resignation of Chief Constable Simon Byrne, and also placed a spotlight on the actions of Deputy Chief Constable Mark Hamilton.

The row began when the officers noticed several people gathered on the Ormeau Road in February 2021 during the Covid lockdown.

The probationer constables looked on as those gathered commemorated a terrorist atrocity that claimed the lives of five Catholics.

As the crowd dispersed, the officers attempted to speak to the organisers but received a hostile reception.

One man who had survived the 1992 atrocity was arrested but later released without charge, and the poilce action provoked an angry response from some nationalist politicians.

However, Belfast High Court later deemed a decision to suspend one of the officers, and reposition the other, was unlawful – and in response to pressure from Sinn Fein.

On Tuesday, commenting on the news that one of the officers has been given a written warning, Mr Burrows told the News Letter: "I have stated from the outset – having viewed all of the bodyworn video and all of the disclosed material – that it is my strong view that there was no misconduct by these officers, and I am confident that they will be exonerated in the end”.

Also on Tuesday, a PPS spokesperson said: “The PPS received a police investigation file in May 2022 reporting one civilian for consideration in connection with the incident on the Ormeau Road on the 5 February 2021. The file involves an allegation of assault on police and is currently under consideration by a Senior Public Prosecutor.

“As part of on-going engagement between police and the PPS on this matter, some further information was requested in May 2022 and then again in October 2022. Information and additional evidence was received from the PSNI on foot of those requests.

“Some further information is awaited before a decision can be taken and we are continuing to engage with police in respect of same. Once all relevant information has been received, a decision will issue as quickly as possible.”

A PSNI spokesperson said: “As this is the subject of ongoing misconduct proceedings we will not be making any comment at this time.”

It was revealed last month that DCC Mark Hamilton is to take up a secondment with Stormont’s justice department, pending final approval from minister Naomi Long.