THERE is no evidence that police colluded to protect those responsible for a deadly bomb in Co. Down, a report from the Police Ombudsman for Northern Ireland (PONI) has claimed.
The attack by the Provisional IRA at the La Mon House hotel and restaurant on February 17, 1978, claimed 12 lives.
Scores of arrests followed in the weeks after the bombing, however, a man charged with murder was acquitted, while a second man was convicted of manslaughter and later released on licence.
However, Paul Holmes, Senior Director of Investigations with PONI, said there was an 'earnest endeavour by the RUC to bring those responsible for the bombing of La Mon House to justice'.
Collusion fears
In his report, Mr Holmes said a number of allegations of collusion were made to the Ombudsman over concerns that informants may have been involved in the bombing.
As a result, there was speculation that the RUC may have had information which may have prevented the attack and that informants may have been protected by police.
However, the investigation found no intelligence that could have forewarned of, or prevented, the bombing or that any officer sought to protect anyone from investigation or prosecution.
"The substantial police investigation files, associated documentation and intelligence records reviewed by this Office, together with explanatory accounts from a number of former police officers and other enquiries, lead me to conclude that there was earnest endeavour by the RUC to bring those responsible for the bombing of La Mon House to justice," said Mr Holmes.
He added: "I am of the view, based on all available evidence and information, that collusive behaviours were not a feature of this RUC investigation."
Loss of documents
However, Mr Holmes admitted that the loss of records and exhibits from the original RUC investigation was 'frustrating', with the inability to locate that documentation central to the concerns raised by the survivors and families.
"It has not been possible to establish the circumstances in which these records were lost," said Mr Holmes.
"However, this is a recurring, systemic issue in legacy cases and is not unique to this investigation."
A significant number of exhibits that may have been important given advances in forensic science are also unaccounted for.
It is speculated they may have been destroyed in a PIRA bomb at the Forensic Laboratory at Newtownbreda in 1992.
From the evidence available, Mr Holmes concluded that the investigation was well-resourced and received direction from the highest levels of the RUC.
However, the Ombudsman did identify a number of enquiries which did not appear to have been actioned by the RUC investigation.
There was a failure to conduct enquiries into the identity a second person who spoke on the line during a second bomb warning call.
The Ombudsman was also unable to establish what effort the RUC made to trace a red Volkswagen Golf that picked up the bombers and brought them back to west Belfast.
Meanwhile, a person arrested in 1991 on other terrorist offences was not questioned over the La Mon attack, despite intelligence linking him to the bombing.
Mr Holmes said that 'maintenance of the investigation did not have the same rigour [as the investigation itself] and this manifested in the loss of investigative material and the failure to interview the person arrested in 1991 in relation to the bombing'.
'Investigative failings'
Speaking after the publication of today's report, PSNI Assistant Chief Constable Ryan Henderson said his thoughts were with the families and friends of those killed and injured in the 'cowardly attack'.
"We are very aware of the hurt and anger still being felt by the families of all those who were affected by this indiscriminate bomb attack and we extend our sincere sympathies to all those families," he said.
"We acknowledge the historic issues identified in the report concerning records management in this investigation however this was at a time that predated the introduction of the computerised Home Office Large Major Enquiry System (HOLMES) system.
"While the Police Ombudsman's report has identified some investigative failings it also highlights that the investigation was well resourced, comprehensive and effective.
"The report has found that police held no intelligence prior to the attack that could have prevented it and also found that there was no evidence that any persons were protected from prosecution."
