Fallout from Colum Marks fatal shooting left officer with PTSD; 'I felt disappointed and let down – abandoned by the police'

However, he then endured a seven-year prosecution ordeal when, 25 years after the fatal shooting, someone who claimed to be a previously unidentified witness made a statement.Lawyers acting for the Marks’ family also commissioned a forensic report suggesting it was possible the IRA man – who was in the process of preparing an improvised mortar attack on security forces – was shot in the back.

Announcing a ‘no prosecution’ decision in May this year, the PPS said both the new witness evidence and the forensic report were at odds with the facts established in the immediate aftermath of the shooting.A post mortem examination showed that Marks had entry wounds to his chest and exit wounds to his back.

The former officer has been left angered that the veracity of the belated claims does not appear to have been properly evaluated before a new criminal investigation was launched in 2017.

​​Officer B was medically discharged due to PTSD a year after the fatal shooting.

He had joined the RUC in 1977 and had been with E4A for eleven years at the time of the police operation in April 1991."It felt like a death leaving the unit and that feeling lasted around six to eight years," he said.

"The whole fallout, and the lack of support from some senior officers in the department (E4A), and how I left the police under a sort of cloud, even though I was exonerated at that stage, I felt disappointed and let down – abandoned by the police.

"It was moral cowardice in that they were trying to separate themselves from me... from any potential fallout. The State sent us out and then didn't support us. They train you and they send you out, and you do your job – which is what I did that night – and they do not back you up. I was completely abandoned by the senior leadership of my department. The lack of support ended my career. That still hurts to this day."

He added: "In the [poor] light, and the time that I had, I had only one choice, and I know I made the right decision. The claim he was unarmed is spurious - he had just planted a Mk12 mortar. And normally when terrorists do that they have their other weapons with them as well."

The former officer was a senior firearms instructor with the special operations section (E Department) at the time of the shooting."I have carried weapons for over 40 years, including overseas. I never fired before and I have never fired a round since then. I have worked in areas where there has been ISIS, the Taliban and Al-Qaeda, and never fired a single shot.

"So I am not a trigger-happy individual. I wish that no one had to lose their life that night, but I am proud that it was a successful operation. I have never had a single night's loss of sleep over this, and that is because it was a successful operation. And then this all started just over seven years ago and it just reopened a wound that was never properly healed."There was no other way. What was I meant to do? I had already warned him twice by shouting at him and firing two rounds over the top of his head.

"As soon as the threat ended when he fell to the ground, I set my weapon down because I was concerned about being shot by a blue on blue, which nearly happened."The PSNI's Head of Legacy and Disclosure, Detective Chief Superintendent Ian Saunders said: “We acknowledge the recent decision by the PPS not to prosecute a retired Royal Ulster Constabulary officer.

“Operational practices within policing have developed over the past 30 years. The PSNI has improved its policies and procedures including how we support the health and wellbeing of our officers and staff.”

The PPS has said the main new evidence that sparked a fresh investigation into the death of Colum Marks is “inconsistent” with the autopsy report.

In May this year, deputy director of public prosecutions, Michael Agnew, said no charges were being brought against Officer B

It is understood the PONI investigation began in 2017, with a file sent to the PPS for consideration in August 2021.

In May this year, Mr Agnew said the ‘no prosecution’ decision had been taken “after careful consideration” of all the available evidence.

“The evidence established that Mr Marks was unarmed when he was shot. However, the surrounding circumstances presented significant difficulties in proving to the criminal standard that Officer B did not have a genuine belief that his life was at risk; or that … the amount of force used was unreasonable,” he said.

Mr Agnew added: “An important aspect of this decision was the consideration of whether the evidence established that Mr Marks was shot in the back.

“There was some new forensic evidence which suggested that two wounds to the back of Mr Marks may have been entry wounds. However, this evidence was not conclusive and was also inconsistent with examinations of Mr Marks’ body at the time which had identified the relevant wounds as exit wounds.

“On the available evidence, therefore, there was no reasonable prospect of proving that Officer B fired shots into the back of the deceased.”

The family of Colum Marks has requested a review of the 'no prosecution' decision.

The PPS said: “This process will be carried out In line with the procedure set out in the PPS Code for Prosecutors. It would be inappropriate to comment any further given that a review of the decision is to be conducted.”

See also:

RUC officer who shot IRA commander Colum Marks breaks silence following exoneration