Two police officers facing misconduct proceedings over the handling of the Katie Simpson murder case retired before they could be disciplined, it can be revealed.

And the PSNI chose not to discipline another officer, who the Police Ombudsman had recommended should be dealt with for misconduct in the initial botched investigation.

Katie Simpson, whose fourth anniversary was last week, was murdered by jockey Jonathan Creswell in August 2020. But for several months the PSNI treated the death as a “suicide” after convicted women beater Creswell claimed he’d found her hanging.

A Police Ombudsman report – which is 1,400 pages long – has yet to be made public.

That report is the result of complaints being made against 18 officers – ranging in rank from Constable to Detective Chief Inspector – over the investigation.

But last week, Chief Constable Jon Boutcher told a meeting of the Policing Board only three officers were facing PSNI disciplinary proceedings for their roles in the investigation.

Chief Constable Jon Boutcher

However, earlier this year it was reported that six officers were to be disciplined after sections of the report were leaked to the media.

Now the Sunday World has revealed that six became three after two of those officers retired while a third escaped punishment after the Appropriate Authority in Professional Standards deemed it wasn’t necessary.

The PSNI has not revealed the ranks of those who have been disciplined but the Sunday World understands none of them are senior officers.

The PSNI told the Sunday World: “A report from the Police Ombudsman made recommendations in respect of six individuals.

“Upon examination by Professional Standards Department, misconduct proceedings were progressed in three cases. These have now concluded.”

Meanwhile, lawyers representing DCI John Caldwell have contacted the BBC to complain about a recent Spotlight documentary about the murder.

Lawyers complained that the programme “contains inaccuracies and false allegations” relating to the their client.

They told the BBC those “false allegations” included that he acted in a way that was not befitting of a senior officer or that there was hostility between police teams.

It’s not clear what the exact nature of the legal action being taken is. However, it’s understood the senior police officer took great exception to the claims made in the programme by Alliance Party MLA Nuala McAllister.

The BBC has remained tight-lipped about the nature of the legal contact and told the Sunday Worldit was “not going to provide comment”.

The news comes after the PSNI Chief Constable laid into the BBC documentary and the Alliance Party MLA, who spoke out about the police handling of the case on the documentary which aired last week and detailed a series of failings in the initial investigation into the death of the talented showjumper.

Chief Constable Boutcher told the Policing Board the comments “were not consistent with facts”.

“The programme was disparaging and damaging to DCI Caldwell’s professional reputation and, in turn, public confidence in the police,” he said.

“Comments included in the programme were not reflective, having read the material, of the facts. John is not subject to misconduct proceedings and did not conduct the role of senior investigating officer in relation to the case.

“In my view the attention on him is because he is a known public figure for sad and tragic reasons. The use of his name and perceived role is considered an interest to the public, rather than public interest.”

But the Sunday World can reveal a complaint was made to the Police Ombudsman naming DCI Caldwell as one of the senior officers involved in the initial investigation, before he was shot by dissident republicans in February 2023.

DCI John Caldwell

One-time top jockey Creswell’s trial for the rape and murder of 21-year-old Katie was suddenly halted when he was found dead just hours after his trial at Londonderry Crown Court had begun four months ago.

Katie died in Derry’s Altnagelvin Hospital on August 9 2020. She had failed to regain consciousness after being admitted six days earlier.

Creswell had driven the unconscious Katie to the hospital from the home they shared with her sister Christina in nearby Lettershandoney.

Concerns were raised by her family and friends into the initial police investigation.

Following a new team being tasked with investigating the death, Creswell was charged with Katie’s murder and rape in 2021.

On the first day of his trial the prosecution claimed Creswell was in an illicit relationship with the young woman and he strangled her out of jealously and then tried to cover his tracks by making her death look like suicide.

Alliance Policing Board member and North Belfast MLA Nuala McAllister has been to the forefront of looking at how the PSNI responded to Katie’s death.

She told the Spotlight programme: “I am aware that there was an individual officer who did a lot of work and actually brought it forward to his superior to say, ‘This isn’t right here’.

“He met a lot of resistance, not from his superior but from within the team around the district in which Katie lived and where the death actually occurred.

“There was a police team in the PSNI who just didn’t want to know. I’ve been informed it was DCI John Caldwell who led that team.”

It’s those comments which led to DCI Caldwell to instruct a well-known firm of solicitors to contact the BBC.

DCI Caldwell is not among the officers facing misconduct proceedings over the Simpson investigation.

Mr Boutcher said police systems “failed to identify” the previous offending of Jonathan Creswell.

“There are a number of shortcomings in our initial investigation,” Mr Boutcher said.

“I cannot apologise enough to the [Simpson] family for the delay in getting the right response.”

While the Police Ombudsman report into the case has yet to be published, leaked extracts were published earlier this year by UTV.

The Ombudsman found a number of police failures and missed opportunities.

It found “responding officers in particular failed to adopt an investigative mindset… several officers have talked of taking Creswell at face value. They are trained police officers who should have set about satisfying themselves that this was a non-suspicious death… red flags were ignored.

“This is in part due to a lack of experience, with one constable attending the scene six days out of training.”

In the report one senior officer said: “Creswell’s previous conviction or being a bad boy does not make him a murderer and evidence was required.”

After the Policing Board meeting MLA Nuala McAllister defended her comments, saying: “I will continue to hold the PSNI to account as necessary.

“Katie’s legacy must be that this never happens again to another woman. She was failed from the very start.”

She also said that “honesty and transparency” were “very important where there are failings”.

She said “lessons must be learned” by the PSNI, adding: “We owe it to victims, potential victims, and their families that what occurred in Katie’s case is never repeated again.”