Ex PSNI head of crime: I can recall nothing like this alleged political interference in policing in my 30 years as an officer

A letter from Norman Baxter:
Police arrest a man at the Sean Graham anniversary event in 2021 on the Ormeau Road. If a political party got a prisoner released outside of due process, it is a major constitutional and legal issuePolice arrest a man at the Sean Graham anniversary event in 2021 on the Ormeau Road. If a political party got a prisoner released outside of due process, it is a major constitutional and legal issue
Police arrest a man at the Sean Graham anniversary event in 2021 on the Ormeau Road. If a political party got a prisoner released outside of due process, it is a major constitutional and legal issue

Re the ruling by Mr Justice Scoffield in the judicial review relating to disciplinary decisions over two police officers involved in the incident after the 29th anniversary massacre commemoration at Sean Graham's bookmakers.

I was a police officer for almost 30 years, and managed significant critical incidents. I am mindful of the sensitivities relating to the event on the day and the pressures on the police. However, this is a matter of such public importance that I feel those of us with policing experience should provide a view.

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Attention has been on the apparent dysfunctional decision making process at PSNI headquarters but another disturbing issue has emerged. Jon Burrows, a retired officer, has said that after the arrest "the officers were asked by a very senior officer within minutes to de-arrest their prisoner and unbelievably to leave him at a Sinn Fein advice centre". He added "... when the officers arrived at Musgrave police station, where the custody officer met them in the rear yard and refused to book in the man they arrested; this was purportedly on orders from above". If Jon Burrows’ account is correct it is reasonable to conclude there was direct influence on the PSNI within minutes of the event. I can not recall a prisoner being released in such circumstances in my three decades in the police.

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It is alleged that a 'very' senior officer within minutes of the arrest was directing the constables to abandon their lawful duty of escorting a prisoner to a police station and become an Uber like taxi service, delivering their passenger to the Sinn Fein office. This implies Sinn Fein involvement in the decision? It seems the officers continued their lawful duty and arrived at Musgrave. Mr Justice Scoffield recognised that the prisoner was not processed at the custody suite in the usual way. Why was he not processed the same as every other detained person is required by in law? From the judgement we know telephone conversations occurred between SF and senior police officers after the arrest. Where these calls linked to 'unusual' release of the prisoner, or was there another tier of activity?

The idea of political influences which led to Mr Justice Scofield finding illegal disciplinary action against two officers is shocking, but it is primarily an internal police employment issue. However, if a political party secured the release of a prisoner outside due legal process, it is a major constitutional and legal issue. The independence of the police would have been compromised and the legal convention that a constable holds an 'office' under the crown and is only answerable to the law would be shattered. Who could trust the police? If politicians can demand the release of prisoners then it is a short step to politicians effecting the arrest of people at their whim.

Police officers executing their duty are protected from interference by a number of criminal offences, depending on the conduct involved. The circumstances outlined by Jon Burrows requires investigation to establish if the constables were obstructed in the execution of their duty or if an offence of perverting or attempting to prevent the course of justice was committed. There needs to be an independent investigation into the circumstances to reassure the public that the police are independent and only answerable to the law.

Norman Baxter, ex PSNI Head of Crime Branch