Police condemned over polling station shooting probe

Police bungled the inquiry into a terrorist attack in Northern Ireland dogged by allegations that officers tried to influence a forensic expert, a new report revealed today.

But Ombudsman Nuala O’Loan found no evidence that detectives probing the dissident republican shooting at a Co Derry polling station wanted the scientist to compromise her work.

She was called in after concerns emerged during the trial of a man facing terrorist charges for the gun attack in Draperstown in June 2001 in which two police officers and a young girl were injured.

Although the suspect was acquitted last September amid suggestions that the expert had felt under pressure, Mrs O’Loan insisted investigators were right to ask for forensic examinations.

She was scathing, however, in her appraisal of how the overall inquiry was handled.

With the Senior Investigating Office called in without complete training, Mrs O’Loan found his failure to achieve high standards of crime scene management had major consequences for the investigation.

She said: “There should have been a professional response to maximise forensic opportunities to catch and convict the perpetrators. This, unfortunately, did not happen.”

Mrs O’Loan’s team was also critical of the Scenes of Crime Officer for carrying out only a cursory visual examination on the night of the attack. He left after 50 minutes without having carried out a full forensic examination, taken photographs or secured any evidence.

“Evidence was left exposed to the elements overnight and to the possibility of loss of forensic value,” the report said.

Other failures included:

:: A photographer called in by police not developing all pictures taken and provide them to prosecutors.

:: A civilian mapper not wearing protective clothes and possibly contaminating vital evidence found.

:: Clothes worn by a suspect being packaged in paper bags rather than nylon requested by forensics.

This lapse led to cartridge discharge residue not being looked for, and prompted the trial judge to describe it as a “serious mishap”.

In court the scientist expressed concern over police ignorance of how evidence should be properly packaged, and claimed PSNI officers were wasting the Forensic Service’s time.

She also stressed that no attempt had ever been made to get her to provide false evidence.

After studying independent consultants’ opinions, Mrs O’Loan insisted the expert should not have decided the examination was pointless.

“It was not her decision to make,” Mrs O’Loan said.

“It is for the prosecutor and ultimately the court to decide what is of evidential value.”

Crucially, she added: “This investigation has confirmed that no improper conduct took place in respect of the request for the examination of the accused’s clothing.”

Despite her criticisms of the police investigation, the Ombudsman stressed it would be wrong to discipline the SIO as he had not received the relevant training. He has now completed this work, she noted.

With a police internal review also carried out, the report accepted a number of policies and procedures have since been introduced for investigating major crime.

These include the new post of Crime Scene Manager and specially trained Exhibit Officers.

Mrs O’Loan also held off from pinning the blame on the Scenes of Crime Officer involved.

“He was a probationary SOCO, faced with a major crime scene, without the necessary experience,” she said.

“The supervision and direction he was entitled to expect was not present.”