PSNI officer 'did not act with sensitivity' during Sean Graham memorial

The Police Ombudsman has found an officer did not act with "sensitivity" when he intervened at a Troubles memorial event during Covid restrictions.

The incident occurred outside Sean Graham's bookmakers on the Ormeau Road in Belfast in 2021.

People had gathered to mark the 29th anniversary of the murders of five people in a loyalist gun attack.

The ombudsman's office investigated a complaint from Mark Sykes, a survivor of the attack, who was arrested and put into handcuffs.

He was released 90 minutes later.

The Public Prosecution Service (PPS) had previously decided no assault charges should be brought against police officers.

The ombudsman, Marie Anderson, released details of her investigation on Monday.

Mrs Anderson said: "Given restrictions on gatherings at the time, I am satisfied that there was reasonable justification for the PSNI to have attended the scene.

"However, after examination of all evidence, I was of the view the arresting police officer had not responded in line with an order to treat the gathering with sensitivity."

In a statement, PSNI Chief Constable Jon Boutcher said the force accepts recommendations made by the ombudsman.

Observing the gathering, the police officer and a colleague, who were both probationers with less than a years' experience, were ordered to establish what was occurring.

Once it emerged it was a troubles anniversary event, they were told to obtain footage "but treat with sensitivity".

Mrs Anderson stated she had reviewed police radio transmissions and body worn video.

The arresting officer was the subject of police disciplinary proceedings.

But he won an appeal against the outcome and no action was taken against him.

Mrs Anderson made three recommendations, including a system to ensure all officers are aware of troubles-related anniversaries.

She also requested improvements to the public order training of new officers.

In a statement, chief constable Jon Boutcher said he recognises the "continuing distress" felt by bereaved families and victims of the 1992 gun attack.

He added: "As an organisation we are committed to learning from this case."

"We have already commenced updating our training, policy and procedures to ensure that incidents of a similar nature do not occur again."

Mark Sykes had previously received an apology from the police.

In a statement, he said: "I am disappointed the officer who arrested me has not been prosecuted and has not even been reprimanded by his superiors.

"Police should not have been near our commemoration and I should not have been arrested."

His solicitor Niall Murphy added: "The outcomes of this investigation are not commensurate to the recklessness of police actions on the day.

"The lack of personal accountability for actions on the day is a source of regret, given the extent of the investigation."

DUP MLA Trevor Clarke, who sits on the Policing Board, said it was right that no officer faced any action.

He added: ''Whilst the Police Ombudsman's Office has had time and space to examine the events on the Ormeau Road in granular detail, the officers who responded on that day were not afforded the same luxury.

"They were simply trying to do their job in very challenging circumstances."