The Police Ombudsman has found the PSNI did not have time to mount an operation to stop the firing of shots at an INLA commemoration.
An investigation by the Ombudsman into the incident in Derry on August 20, 2021, found the PSNI planned appropriately for the event.
However, by the time it became apparent that automatic firearms were likely to be used at the commemoration for hunger striker and INLA man Michael Devine, it was too late.
Footage of the incident showed two masked men firing a volley of shots into the air in the Creggan area to mark the 40th anniversary of Devine’s death, while the crowd who had gathered applauded.
After the shots were fired in front of the mural dedicated to Devine, the two gunmen and three other masked men walked off.
The Police Ombudsman report into the response by the PSNI said there was significant criticism of the policing operation at the time, including from unionist politicians who queried why police had failed to intervene.
The Police Ombudsman, Marie Anderson, subsequently commenced an investigation to consider the appropriateness of the PSNI’s planning and response to the incident.
Speaking after the conclusion of the investigation, the office’s Chief Executive, Hugh Hume, said it was clear that police had used all information available to them while planning for the event.
“Unfortunately, that information was somewhat limited, and it was unclear exactly what would happen, what format it would take, and whether firearms would feature,” he said.
“By the time it became apparent that firearms were likely to be used, police did not have enough time to task appropriately trained officers to intervene.
“Nevertheless, it is clear that police had begun considering a range of different options weeks in advance, and policing plans were reviewed and updated as additional information was received.”
During this time police undertook a community impact assessment and analysed available intelligence.
Once shots had been fired at the event, the police commander at the scene determined that any attempt to send additional officers into an area where a commemoration was taking place and where possible gunshots had been fired was likely to put officers at risk and create a threat to the lives of members of the public.
Instead, he ordered additional steps to assist in gathering evidence about the event.
A search of the scene was also later carried out, but no bullet casings were recovered.
Although the Police Ombudsman’s investigation found no evidence of police misconduct, it did result in a number of policy recommendations being made to the PSNI.
These included that the PSNI should develop specific guidance to assist officers in planning for and responding to such events.
The PSNI responded that although it did not have specific guidance it did have policies aligned to the Authorised Policing Practice (APP), which acts as an official source of professional practice for policing across the UK.
It also stated that measures were in place to ensure that learning, good practice and feedback was shared among officers involved in co-ordinating such operations.
Reacting to the PSNI response, Mr Hume stated: “Whilst the value of the national APP is accepted the Ombudsman believes there should be clear local strategic objectives and guidance for such events, to assist police commanders in their response to both pre-planned and spontaneous incidents.”
The PSNI also responded to a recommendation that minutes should be produced of all operational planning meeting for such events, stating that although minutes had not been produced for one such meeting, it was service policy to do so.
It issued a reminder to relevant officers.
A third recommendation relating to media training for officers conducting interviews was accepted by the PSNI.
The PSNI has been contacted for a response to the Police Ombudsman report.
Devine, who came from the Creggan area of Londonderry, died at the Maze prison on August 20, 1981 aged 27 – 60 days after he joined the hunger strike.
He joined the INLA in 1974. Two years later, he was arrested after an arms raid in Donegal. He was sentenced to 12 years in jail for possession.