Decision to shoot driver of stolen car 'flawed'

The actions of a policeman who shot dead the driver of a stolen car were critically flawed, a watchdog has found.

There are also grave concerns whether the officer who killed 23-year-old Steven Colwell in Ballynahinch, Co Down, five years ago as he apparently tried to escape a police checkpoint was suitable for deployment to front line duties, the Northern Ireland Police Ombudsman found.

Ombudsman Al Hutchinson added that the policeman's decision to fire two shots created significant risk of further casualties in the April 2006 incident.

"While Steven Colwell's actions were reckless, the critically flawed judgments and actions of Police Officer One played a greater part in Mr Colwell's death," said Mr Hutchinson.

Mr Hutchinson submitted a file to the Public Prosecution Service which ultimately directed that no charges be brought against the officer who fired the shots.

His probe also raised concerns that police call handlers had not dissuaded a relative of the car owner from pursuing the BMW ahead of the shooting.

The ombudsman's investigation examined the circumstances of the death of Belfast man Mr Colwell at a police check point on Easter Sunday morning.

Three officers in the town who had been informed that a stolen BMW was heading in their direction set up a road block outside the police station. Mr Hutchinson questioned this initial decision given church services were happening in that area and a lot of people would have been around.

Police Officer One stood in the middle of the road and started to wave down traffic while his two colleagues took up different positions.

Within minutes, one of the police officers spotted the BMW in the queue of traffic stopping at the checkpoint.

One of his colleagues shouted to Police Officer One, who then ran towards the car, shouting at the driver to stop.

Mr Colwell turned the car out of the queue of traffic but the driver of another moved his vehicle to block the BMW's escape. Mr Colwell then reversed into this car.

By that stage Police Officer One had moved into position and was standing in front of the BMW, aiming his gun at Mr Colwell.

The officer shouted commands for the driver to stop and for the occupants to get out.

Mr Hutchinson said the engine revved and the car lurched forward with its tyres screeching.

Police Officer One then fired two shots, one through the windscreen and the second through the driver's window.

Mr Colwell got out of the car and collapsed. Despite the efforts of medics, he was pronounced dead at the scene.

A post-mortem examination established that he died from injuries caused by the first shot and that the level of the drug Ecstasy and a tranquilliser in his blood "could have affected his ability to control" the car.

Police Officer One claimed he could not get out of the car's way in time and had believed his only option was to open fire if he were to save his life and the lives of members of the public.

He said that after he fired the first shot the car continued straight at him so, without moving position, he fired a second shot. The car lost speed, rolled into a driveway and came to a rest.

Mr Hutchinson noted that many of the 30 witness statements made by members of the public supported the police actions and that they were alarmed by the danger presented by the BMW driver.

But the ombudsman said forensic evidence contradicted the police officer's account of what happened.

It demonstrated that the front wheels of the BMW were turned towards the opposite side of the road and the car turned left, away from the police officer.

Mr Hutchinson said it also showed the officer moved to his left before discharging the second shot through the driver's side window, as the car passed close to him.

He said there was no evidence that the lives of any pedestrian or of the other two police officers were at risk.

The ombudsman's investigation found that Police Officer One escalated the situation at an early stage by drawing his gun.

"Having found himself directly in front of the vehicle with his handgun drawn, the police officer chose to stand his ground, aim his pistol directly at Steven Colwell and shout for him to stop the car," said Mr Hutchinson.

"His decision to remain in that position allowed little or no room for an alternative outcome in the event that Mr Colwell failed to comply with these instructions."

The ombudsman said whilst examining Police Officer Ones' personnel records that issues about his health and his previous conduct in the police came to light.

The officer mounted a successful legal challenge, which prevented the Chief Constable from releasing further information to the Police Ombudsman's Office.

Mr Hutchinson said his team was unable to establish to what extent, if any, Police Office One's medical history or previous conduct impacted on the incident.

But he added: "As a result of the information we gathered during our investigation, I had grave concerns about the appropriateness of this officer's deployment as a front line response officer that day.

"I provided that information to the Chief Constable to allow him to review the officer's suitability to be armed and engaged in direct contact with the public. This was an issue for the PSNI to determine."

The ombudsman's investigation also found that the decision by the three police officers to establish a vehicle checkpoint at that time and place was high risk and ill considered.

"I accept that the road outside the police station was a recognised location for conducting such checkpoints," said Mr Hutchinson.

"I am also aware that the police officers had little time available to organise themselves.

"However, I believe that to establish such a checkpoint on a busy Easter Sunday morning at a location, where one church service was about to start and another due to end, required a more careful assessment of the risks and options."

The Police Ombudsman said that inadequate "call handling" by the police earlier that morning had drawn a family into the incident and put their lives at risk.

At 11.08am police received a phone call from a woman who was related to the owner of the stolen car. The caller said that she, her husband and their child were in a car, which was following the BMW. The woman stayed on the line for two minutes and 45 seconds.

"While I accept that this call helped police establish the location and movements of the BMW, the police did not discourage this couple, who may have considered themselves to have had the tacit approval of police to continue this pursuit," said Mr Hutchinson.

"There were then two cars travelling at speed towards Ballynahinch, one of which was stolen and the other containing occupants with considerably heightened levels of anxiety."

A PSNI spokesman expressed regret over the incident.

"The Police Service of Northern Ireland deeply regrets the tragic death of Mr Colwell," he said.

"We have received a copy of the Police Ombudsman's report and will study closely the findings and conclusions reached."

Since the incident, the police have introduced new procedures on determining what officers gain access to firearms.

Chair of the policing board Brian Rea said: "This report raises a number of serious issues but our thoughts are first and foremost with Mr Colwell's family and friends.

"Police officers often have to make split-second decisions and, very tragically, in this instance a life was lost.

"As a board, we will be discussing the findings of the Ombudsman's report with the chief constable."