A DUP MLA has warned that many will be “dismayed” by the Police Ombudsman’s decision to challenge a High Court ruling that found she exceeded her powers, and is demanding to know who will pay for the appeal.
Joanne Bunting also called on Justice Minister Naomi Long to clarify if she still has confidence in Marie Anderson, who was found to have acted “ultra vires” — beyond her legal authority — by reaching conclusions in public statements claiming RUC officers had exhibited “collusive behaviour” in a series of loyalist murders.
It comes a week after Mr Justice Scoffield stressed that the watchdog body’s role is to investigate rather than adjudicate as he delivered his verdict which found statements amounted to determinations of misconduct.
Ms Bunting, who’s the party’s justice spokesperson, has said that the ability of the Police Ombudsman to perform its basic function could be adversely impacted.
“The decision by the Police Ombudsman to appeal this ruling will dismay many people, not least because it is not the first time the courts have delivered a judgement in relation to the PONI’s approach to legacy cases,” she said.
“The question now arises as to where the funding will come from for this appeal. The only options for this would appear to be from within the Ombudsman’s own budget or from the Department for Justice.
“We already know of the significant financial pressure facing the department, with real potential for services to be cut in an attempt to meet the shortfall. On the other hand, if it comes from the Ombudsman’s office, then this will impact on the office’s ability to deal with cases.”
Ms Bunting said the Ombudsman’s office is already under pressure from a backlog of cases.
“There have already been significant concerns raised about the operation of the Ombudsman’s office and I know of cases where they will not even acknowledge receipt of a case four months after it was passed on,” she added.
“In neither scenario is the funding of an appeal a good use of time and scarce financial resources.
“All this is taking place against a backdrop of abdication by the Justice Minister as she continues to take a ‘nothing to do with me’ attitude, despite the Ombudsman being ultimately accountable to her, and we cannot even get an answer as to whether the minister continues to have confidence in the Ombudsman or not.”
The most recent court ruling followed a legal challenge by the Northern Ireland Retired Police Officers Association over the contents of three separate reports into Troubles-era killings.
Justice Scoffield ruled that a distinction drawn by the Ombudsman between “collusion” and “collusive behaviours” was either unsustainable or insufficiently clear.
“Most, if not all of these conclusions, fall foul of the Ombudsman’s proper remit as explained by the Court of Appeal,” he said.
It followed an earlier Court of Appeal judgement in 2020 that restricted the Ombudsman’s scope to accuse former policemen and women of the criminal offence of collusion with paramilitaries.
Earlier this week, the Ombudsman said she will appeal the latest judgement which she believes is a departure from the Court of Appeal’s “clear ruling in 2020”.
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News Catch Up – Thursday 13 February