THE Police Ombudsman of Northern Ireland has called for fast-track powers after a police officer’s dismissal took four years to complete.
The Ombudsman’s office confirmed this week that a PSNI officer was finally dismissed more than four years after an investigation into his conduct was completed.
The case centred on two police officers involved in the arrest and search of a man at homeless accommodation in Belfast in November 2018.
The man was suspected of burglary, and during a search, a bag of tablets was recovered.
However, neither of the police officers recorded the seizure of the tablets in any official records, and both subsequently stated the tablets had been disposed of in a bin in the custody suite.
The incident came to light when another police officer, a sergeant, who was responsible for notifying probation services of the man’s arrest because he had recently been released from prison, became involved in the case.
When he contacted the homeless accommodation to ask if the man could return there, staff informed him that because the man had suspected drugs in his possession at the time of his arrest, he would not be allowed to return to the hostel.
Unaware that suspected drugs had been involved and concerned by this new information, the sergeant established that the officers had not recorded the recovery of any drugs.
When contacted by phone about the issue, the police officer who conducted the search denied that any drugs had been found, while his colleague admitted that drugs had been found and that he had wrapped the tablets in latex gloves and thrown them into a bin in the custody suite.
Although a search of the bins was conducted, they had been emptied earlier that morning, and no tablets were ever recovered.
The issue was referred by PSNI to the Police Ombudsman. Both police officers were arrested and a criminal investigation began.
When interviewed by Police Ombudsman investigators, both officers stated that they thought the tablets were sleeping tablets and that the decision to dispose of the suspected drugs was an error of judgement.
An investigation into the officers’ conduct took 12 months to complete, with the Police Ombudsman submitting a file to the Public Prosecution Service (PPS) in January 2020.
In May 2020 the PPS decided to prosecute both officers for misconduct in public office.
They were acquitted at their trial in February 2023, after which, in March 2023, the Police Ombudsman’s Office forwarded a file to the PSNI’s Professional Standards Department (PSD) recommending disciplinary proceedings.
One officer, who had admitted disposing of the drugs, resigned from the PSNI in December 2023 before misconduct proceedings commenced.
The officer who conducted the search and arrest was subsequently dismissed at a misconduct hearing in August 2024.
Throughout the period in question, both officers were placed on restricted duties on full pay.
Police Ombudsman Chief Executive, Hugh Hume, said the case highlighted the inadequacy of current legislation which was leading to ‘frustrating and unacceptable delays’ in holding police officers to account.
“Despite a timely investigation, which was completed in just over 12 months, it took more than four years for this case, which involved serious misconduct, to reach a conclusion”, said Mr Hume.
“Currently the legislation does not allow this Office to use a ‘fast-track procedure’ where it is clear from an early stage in an investigation that there is criminality or gross misconduct which could result in an officer being dismissed without undue delay,” he added.
“All criminal proceedings must be concluded first.
“In this case, it took from 2020 until 2023 for the trial to take place and conclude, and a further year for the PSNI to hold misconduct proceedings, which resulted in one officer’s dismissal for gross misconduct.
“Those officers who commit wrongdoing such as dishonesty, serious assault or violence against women, cannot be dealt with expeditiously in the public interest in the current system and this gap in the legislation does not serve the interests of victims, the wider public or the police service.”
Mr Hume explained: “This case unfortunately highlights the inefficiencies in the current police misconduct legislation which results in frustrating and unacceptable delays.
“Successive Police Ombudsmen have recommended that the legislation is amended to allow misconduct proceedings to take place prior to criminal proceedings.
“Fast-tracking would result in officers being suspended or placed on restricted duties for shorter periods of time pending the outcome of investigations, bring efficiencies to PSNI and would improve confidence in the police complaints system”.
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