There are “frustrating and unacceptable delays” in holding PSNI members to account, the Police Ombudsman for Northern Ireland has said after it took four years to dismiss an officer found to have committed gross misconduct.
The Police Ombudsman for Northern Ireland chief executive, Hugh Hume, said the office has no “fast-track procedure” for cases where it is clear at an early stage that there has been criminality or gross misconduct, as all criminal proceedings must be concluded first.
He said this “gap in the legislation” does not serve the interests of victims or the public.
Mr Hume said: “Successive police ombudsmen have recommended that the legislation is amended to allow misconduct proceedings to take place prior to criminal proceedings.
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“Fast-tracking would result in officers being suspended or placed on restricted duties for shorter periods of time pending the outcome of investigations, bring efficiencies to PSNI and would improve confidence in the police complaints system.”
He made the renewed call after it took more than four-and-a-half years for an officer to be dismissed after the completion of a police ombudsman inquiry into their conduct.
Mr Hume said the case highlighted the inadequacy of current legislation to hold police officers to account.
“Despite a timely investigation, which was completed in just over 12 months, it took more than four years for this case, which involved serious misconduct, to reach a conclusion.”
In this case, it took from 2020 until 2023 for the trial to take place and conclude, and a further year for the PSNI to hold misconduct proceedings which resulted in the officer’s dismissal for gross misconduct.
Mr Hume added: “Those officers who commit wrongdoing such as dishonesty, serious assault or violence against women cannot be dealt with expeditiously in the public interest in the current system and this gap in the legislation does not serve the interests of victims, the wider public or the police service.”
PSNI deputy chief constable Bobby Singleton said the PSNI “is continuing to engage with the Department of Justice, the Office of the Police Ombudsman and the Public Prosecution Service to ensure that police misconduct matters are dealt with as efficiently as possible”.
“We would support any change that makes misconduct processes more efficient but crucially any changes must maintain fairness and continue to ensure justice is served”.
He added: “A more efficient misconduct regime is, we believe, in everyone’s interest including those subject to misconduct investigations.”
The case centred on two police officers involved in the arrest and search of a man at homeless accommodation in Belfast in November 2018.
The man was suspected of burglary and a bag of tablets was recovered during a search by the officers.
However, neither of the police officers recorded the seizure of the tablets in any official records, and both later said the tablets had been dumped in a bin in the custody suite.
When contacted by phone about the issue, the police officer who conducted the search denied that any drugs had been found, while his colleague admitted that drugs had been found and that he had wrapped the tablets in latex gloves and thrown them into a bin in the custody suite.
A search of the bins, which had been emptied earlier that morning, was conducted but no tablets were found.
The issue was referred by PSNI to the Police Ombudsman. Both police officers were arrested and a criminal investigation began.
Investigators found that none of the police documentation, including the officers’ duty statements, notebook entries, custody records or inquiry logs, contained any reference to the arrested man having been found in possession of any tablets.
A review of CCTV footage at the homeless accommodation showed the search of the suspect during which one of the police officers could be seen removing an item from him.
In later footage, the same officer could be seen showing a small bag of tablets to a member of the accommodation’s staff.
Searches of the officers’ workplace, their vehicles and of the arresting officer’s home provided no evidence of any tablets or possible controlled substances.
A forensic examination of the arresting officer’s mobile phone showed that both officers had communicated about the situation, and included statements about having made a “mistake” and that there was “not any intention of ... personal gain”.
When interviewed by Police Ombudsman investigators, both officers stated that they thought the tablets were sleeping tablets and that the decision to dispose of the suspected drugs was an error of judgment.
On completion of the investigation, the Police Ombudsman submitted a file to the Public Prosecution Service (PPS) in January 2020.
The PPS decided to prosecute both officers for misconduct in public office in May 2020.
Both officers were acquitted at their trial in February 2023.
The police ombudsman’s office then forwarded a file to the PSNI’s Professional Standards Department (PSD) recommending disciplinary proceedings.
One officer, who had admitted disposing of the drugs, resigned from the PSNI in December 2023 before misconduct proceedings commenced.
The officer who conducted the search and arrest was subsequently dismissed at a misconduct hearing in August 2024.
Throughout the period in question, both officers were placed on restricted duties on full pay. – PA
