THE PSNI has defended not referring to the Police Ombudsman an officer's affair with an associate of a criminal gang linked to Constable Ronan Kerr's murder.
Assistant chief constable Mark Hamilton said the case was "not judged at the time to meet the criteria for a formal referral", but acknowledged that procedures are now "more stringent".
The Irish News on Wednesday revealed that a policewoman has been reprimanded over having an inappropriate sexual relationship with an associate of a gang linked to the killing.
A number of complaints were upheld at an internal disciplinary hearing last month and the officer's pay was docked, but she has now returned to operational duty.
In 2014 the PSNI sent a file in relation to the case to the Public Prosecution Service, although it decided not to pursue a criminal prosecution.
Police said the matter was not referred to the ombudsman because it was "not the subject of a public complaint".
It is understood the man with whom the PSNI officer was involved is associated with members of a criminal gang linked to Constable Kerr's murder.
The 25-year-old Catholic policeman was killed in 2011 when a booby-trap bomb exploded under his car in Omagh.
No-one has ever been charged with his murder. Dissident republican paramilitaries have been blamed for the killing.
The criminal gang is suspected of involvement in the theft of cars for dissidents involved in the murder plot.
The SDLP's Dolores Kelly, a former Policing Board member, said she intends to lodge a complaint with the ombudsman to "ensure that a thorough investigation takes place".
When asked why the case had not been referred to the ombudsman, the PSNI initially said it would not be making any further comment.
However, police later issued a statement from assistant chief constable Mark Hamilton, head of the PSNI's legacy and justice department.
Mr Hamilton said the case was investigated by the PSNI's anti-corruption unit in 2013.
"Any allegation relating to the conduct of a police officer, including non-complaint matters can be referred to the Police Ombudsman for Northern Ireland (PONI) and the PSNI does routinely refer cases to them on a case-by-case basis," he said.
"The PSNI did not refer this case to PONI as it was not judged at the time to meet the criteria for a formal referral under the Police Act 2000.
"Since 2013 procedures for referring matters to PONI have become more stringent and referrals more frequent.
"There is regular communication on cases between our professional standards department and PONI and at senior management level in both organisations.
"The PSNI is committed to ensuring that its officers and staff behave according to the highest ethical standards and we are committed to working with PONI to detect and address behaviour which falls below these standards."
