Police Ombudsman to appeal collusion court ruling - amid call for her resignation in the Assembly
The future of the Police Ombudsman Marie Anderson has been raised at Stormont after the High Court ruled that she had exceeded her powers in declaring “collusive behaviour” by RUC officers in loyalist killings during the Troubles.
However, the Ombudsman has announced she intends to appeal the ruling – and will seek “clarity as to the scope of her powers”.
Justice Minister Naomi Long wouldn’t be drawn on the future of Mrs Anderson after questioning from MLAs on the issue on Monday, saying that she needed more time to assess the High Court ruling.
Belfast High Court ruled last week that the Police Ombudsman (PONI) “exceeded her powers given the findings or conclusions expressed” in reports, which were challenged by the Northern Ireland Retired Police Officers Association.
DUP MLA Jonathan Buckley said that Marie Anderson has “compromised her office”. He asked the justice minister if she agreed, and what process cab be put in place to “remove Marie Anderson from office”.
Mrs Long said that in the view of the courts, PONI’s reviews had exceeded the scope of its powers and it is “something that we will have to reflect on”. She said the Ombudsman is appointed by the Executive Office, and her department “has no power to remove or dislodge the ombudsman”.
TUV MLA Timothy Gaston asked if the Ombudsman should apologise to the officers defamed by the claims of collusive behaviours made in her reports. The justice minister said that the ombudsman will reach her own conclusion on whether she apologises.
On Monday afternoon, the Ombudsman said she would appeal the judgment by Justice Scoffield – claiming it is a departure from the Court of Appeal’s “clear ruling in 2020”.
In a statement, Marie Anderson’s office said “The Ombudsman seeks clarity as to the scope of her powers given that the judgment has significant implications for the work of the Office in relation to extant legacy cases, non-Troubles related historical investigations and complaints about current police officer conduct”. It added “further consideration is being given to an appeal in respect of Operation Farrier”.