Probe into officer who killed IRA man 'inadequate'

The original investigation into the 1991 killing of an IRA man in Downpatrick was "wholly inadequate", a Police Ombudsman report has concluded.

Colum Marks, 29, was shot dead by a police officer.

Two years ago, the Public Prosecution Service (PPS) said the now-retired officer would not face any charges.

The officer who shot Mr Marks, known as Officer B, had said he believed he was armed and claimed he refused to stop when an attempt was made to arrest him. No gun was found at the scene.

Police had intelligence the IRA was planning to attack a patrol and officers were in place to arrest suspects as a mortar bomb was moved into position.

Ombudsman Marie Anderson said the investigation, by the Royal Ulster Constabulary (RUC), lacked "independence and rigour".

She said she was "surprised" the RUC did not refer the shooting to the police complaints body which existed at the time.

"A thorough examination of the circumstances of Mr Marks' death should have included scrutiny of the events preceding the fatal shooting and specifically opportunities that may have been presented to arrest him and others involved."

Mrs Anderson added a fuller examination of the incident by her was "severely hampered" by the destruction of records about covert operations.

"I am unable to conclude, therefore, whether there was an opportunity to disrupt the planned mortar attack, to arrest Mr Marks before that evening or to arrest him prior to the first recorded sighting of him by Officer B at 9.29pm.

"However, from the evidence which is available, there was a short window of opportunity to arrest Mr Marks on that evening between 9.29pm, when he was first observed carrying the mortar, and 9.47pm when the instruction was given to arrest him," she said.

"It is clear police intended to arrest suspects in circumstances that connected them to the weapon, and the intent to commit an unlawful act, rather than possession of the weapon alone," the ombudsman said,

"In the presence of what was described as a viable explosive device, it is my view that this was a high-risk strategy on the part of police whose primary duty was to protect life."

Mr Marks' family has long believed his death was not properly investigated at the time.

In a statement, their solicitor Gavin Booth of Phoenix Law said: "It's clear from the findings that there was time to arrest Colum prior to the shooting and this was not acted upon by the RUC at the time.

"We now know that for three days the RUC knew about this and opportunities clearly existed to arrest.

"The Ombudsman was clear that Colum was unarmed, unmasked and not posing a threat when he was shot several times.

"It's wholly disappointing that much of the evidence was destroyed by the RUC and some former officers did not cooperate with this investigation."

The Sinn Féin MP Chris Hazzard said Mr Marks' family "have courageously fought for decades to reveal the truth".

"Today is testament to their strength, resilience and determination," he said.