Northern Ireland

Court of Appeal judgment in 2020 limited the scope of police ombudsman to accuse former officers

Police Ombudsman Marie Anderson
Police Ombudsman Marie Anderson Police Ombudsman Marie Anderson

A COURT of Appeal judgment in 2020 limited the scope of Police Ombudsman Marie Anderson of accusing former officers of the criminal offence of collusion with paramilitaries.

In her report released publicly yesterday, Ms Anderson acknowledged the limitation and found there was "collusive behaviour" by police in 11 loyalist murders, including the 1992 attack at the Sean Graham betting shop.

In her findings, Ms Anderson said she had identified conduct within the RUC that amounted to "collusive behaviours" - a term that has its roots in a court case brought in 2020 by retired Royal Ulster Constabulary (RUC) officers around the ombudsman's powers.

The Court of Appeal had ruled that former Police Ombudsman Dr Michael Maguire had "overstepped the mark" in finding RUC officers committed criminal acts of collusion with loyalists who massacred six Catholic men at The Heights bar in Loughinisland in June 1994.

But judges at the time rejected a bid by two retired senior policemen to quash the watchdog’s entire public statement on the Loughinisland atrocity.

They accepted it had been appropriate for the ombudsman to acknowledge what he had uncovered was in line with the views of the victims’ families on corrupt relationships between security force personnel and the paramilitary killers.

The verdict was delivered on the 26th anniversary of the atrocity when UVF gunmen opened fire at the Co Down pub as their victims watched a World Cup football match.

The court also ruled that the ombudman's role was "investigatory and not adjudicatory in nature".

It also said that decisions as to whether a police officer's actions amounted to criminality or misconduct were for other forums such as a criminal court or disciplinary panel.