THE OMBUDSMAN AND THE POLICE .. THREE YEARS ON
The Ombudsman and the police.....three years on
By David Gordon
SAY what you like about the Police Ombudsman's office, it knows how to defend its corner.
RUC chief constable Ronnie Flanagan found that out in the Omagh furore.
And it should also be clear by now to Belfast magistrate Des Perry.
He rounded on one of the Ombudsman's investigators a few weeks back, when throwing out criminal charges against two policemen.
Mr Perry said the official had shown a "lax attitude" to Police and Criminal Evidence (PACE) regulations and had displayed "animus" to the two officers. Ombudsman Nuala O'Loan's office was in no mood to meekly accept the broadside.
It has complained to the Lord Chancellor Lord Falconer, the Cabinet Minister in overall charge of the UK's justice system.
A letter has also gone directly to the magistrate.
"The criticism was wrong and unfair," the Ombudsman's executive director and
chief investigator Dave Wood says.
"The investigator did comply with PACE and, far from displaying animus towards the defendants, the investigator did not recommend that they both face criminal charges."
Mr Wood also states: "There is a danger that police officers may think from such reported criticism that this office is vindictive towards them which is far from the truth.
"Our actions in that case were wholly appropriate."
The Ombudsman's office is three years old this week. The state of its relations with police is clearly a key issue for the watchdog body.
The Police Federation, which represents rank and file officers, has repeatedly called for Mrs O'Loan to stand down.
Mr Wood says he and his colleagues expect to be respected rather than liked.
"There's always going to be, and perhaps there should be, professional tensions.
"But I think that where we would want to be, and expect to be, is having the police understand the job we are doing, respecting our professionalism and what we've got to do but not necessarily liking us.
"That's where we've got to be � a mutual understanding of each other's roles and positions."
He adds: "I wish we had had a far more solid relationship with the Police Federation. That's a sense of regret but I don't know what we could have done about it.
"That relationship is now getting far better."
Mr Wood says he believes the last three years represent a success story.
"It's been difficult at times. We've had to set up a whole new structure which is unique in the world.
"I believe we enjoy public confidence.
"We are working really hard with the police."
Omagh must loom large in any account of the Ombudsman's first three years.
Nuala O'Loan's criticism of police actions before and after the 1998 atrocity prompted a furious reaction from then chief constable Ronnie Flanagan and a very acromonious dispute.
"It was a very difficult time for us and I am sure for others. It was regrettable how it played out in the public arena," Mr Wood recalls.
Much of the coverage concentrated on whether the RUC could have prevented the bombing.
Mr Wood says it will never be known what might have happened if police had "acted more diligently" on intelligence information that had been received.
The main criticism in the Ombudsman's Omagh report related to the post-blast investigation.
Mr Wood says an internal RUC review of the probe was effectively buried and "key investigative leads" not followed up.
He continues: "What was enormously resisted at the time was that it had been a flawed investigation. That is now fully accepted in the public domain.
"It's fully accepted by the public, it's fully accepted by the media and it's fully accepted by the Police Service of Northern Ireland and the senior officers.
"I have absolutely no doubt that our report led to a complete kick start of that investigation.
"It's a first class investigation now, still going on and making significant progress."
While convinced that "great good" came out of the Ombudsman's involvement, Mr Wood accepts that it did cause difficulties in relation-ships with police.
"I think now we've worked through them.
"It left no one in any doubt that we are independent but I think we would have preferred to prove it in other ways."
Nuala O'Loan's team receives around 3,200 complaints per year against PSNI officers.
Last year, the DPP decided that 18 police officers should face criminal proceedings after Ombudsman investigations.
Mr Wood stresses, however, that he and his colleagues are not there to "bash" police.
"I understand policing has got a job to do and we want to be fair to police officers.
"It's all about improving policing and' gaining better public confidence in policing across all communities."
He also points out that independent probes can be positive for the PSNI and individual officers, and many have led to police being cleared of any wrongdoing.
He adds: "We have dealt with many deaths involving the police, either in custody, recent contact with the police, road traffic accidents and one fatal shooting.
"Some would have been enormously controversial had the police themselves been investigating them.
"Our involvement has removed that controversy, as those involved know that we will conduct a thorough and independent inquiry. This actually supports the police.
"Officers should, of course, be under no illusion that this watchdog has teeth and will use them.
"We thoroughly and rigorously and independently investigate all matters that are brought to our attention.
If police malpractice is exposed and there is evidence available, it will be dealt with. I don't think there is any police officer in any doubt about that.
"But if innocence is established, or no evidence is found, no action will be taken. They need to know that too."
Those who still see the Ombudsman's office as anti-police maybe surprised at Mr Wood's personal assessment of the PSNI.
"The PSNI are a brave and honourable police service who have endured considerable loss in respect of their colleagues and have faced considerable violence," he states.
"There is exceptional talent among their numbers and, like all organisations, some of lesser ability.
"The service has been held behind by the Troubles in many ways, in terms of modernisation and the training of its members but is now catching up on this.
"The quality of the new recruits and the current change agenda give me huge confidence in the service for the future."
By David Gordon
SAY what you like about the Police Ombudsman's office, it knows how to defend its corner.
RUC chief constable Ronnie Flanagan found that out in the Omagh furore.
And it should also be clear by now to Belfast magistrate Des Perry.
He rounded on one of the Ombudsman's investigators a few weeks back, when throwing out criminal charges against two policemen.
Mr Perry said the official had shown a "lax attitude" to Police and Criminal Evidence (PACE) regulations and had displayed "animus" to the two officers. Ombudsman Nuala O'Loan's office was in no mood to meekly accept the broadside.
It has complained to the Lord Chancellor Lord Falconer, the Cabinet Minister in overall charge of the UK's justice system.
A letter has also gone directly to the magistrate.
"The criticism was wrong and unfair," the Ombudsman's executive director and
chief investigator Dave Wood says.
"The investigator did comply with PACE and, far from displaying animus towards the defendants, the investigator did not recommend that they both face criminal charges."
Mr Wood also states: "There is a danger that police officers may think from such reported criticism that this office is vindictive towards them which is far from the truth.
"Our actions in that case were wholly appropriate."
The Ombudsman's office is three years old this week. The state of its relations with police is clearly a key issue for the watchdog body.
The Police Federation, which represents rank and file officers, has repeatedly called for Mrs O'Loan to stand down.
Mr Wood says he and his colleagues expect to be respected rather than liked.
"There's always going to be, and perhaps there should be, professional tensions.
"But I think that where we would want to be, and expect to be, is having the police understand the job we are doing, respecting our professionalism and what we've got to do but not necessarily liking us.
"That's where we've got to be � a mutual understanding of each other's roles and positions."
He adds: "I wish we had had a far more solid relationship with the Police Federation. That's a sense of regret but I don't know what we could have done about it.
"That relationship is now getting far better."
Mr Wood says he believes the last three years represent a success story.
"It's been difficult at times. We've had to set up a whole new structure which is unique in the world.
"I believe we enjoy public confidence.
"We are working really hard with the police."
Omagh must loom large in any account of the Ombudsman's first three years.
Nuala O'Loan's criticism of police actions before and after the 1998 atrocity prompted a furious reaction from then chief constable Ronnie Flanagan and a very acromonious dispute.
"It was a very difficult time for us and I am sure for others. It was regrettable how it played out in the public arena," Mr Wood recalls.
Much of the coverage concentrated on whether the RUC could have prevented the bombing.
Mr Wood says it will never be known what might have happened if police had "acted more diligently" on intelligence information that had been received.
The main criticism in the Ombudsman's Omagh report related to the post-blast investigation.
Mr Wood says an internal RUC review of the probe was effectively buried and "key investigative leads" not followed up.
He continues: "What was enormously resisted at the time was that it had been a flawed investigation. That is now fully accepted in the public domain.
"It's fully accepted by the public, it's fully accepted by the media and it's fully accepted by the Police Service of Northern Ireland and the senior officers.
"I have absolutely no doubt that our report led to a complete kick start of that investigation.
"It's a first class investigation now, still going on and making significant progress."
While convinced that "great good" came out of the Ombudsman's involvement, Mr Wood accepts that it did cause difficulties in relation-ships with police.
"I think now we've worked through them.
"It left no one in any doubt that we are independent but I think we would have preferred to prove it in other ways."
Nuala O'Loan's team receives around 3,200 complaints per year against PSNI officers.
Last year, the DPP decided that 18 police officers should face criminal proceedings after Ombudsman investigations.
Mr Wood stresses, however, that he and his colleagues are not there to "bash" police.
"I understand policing has got a job to do and we want to be fair to police officers.
"It's all about improving policing and' gaining better public confidence in policing across all communities."
He also points out that independent probes can be positive for the PSNI and individual officers, and many have led to police being cleared of any wrongdoing.
He adds: "We have dealt with many deaths involving the police, either in custody, recent contact with the police, road traffic accidents and one fatal shooting.
"Some would have been enormously controversial had the police themselves been investigating them.
"Our involvement has removed that controversy, as those involved know that we will conduct a thorough and independent inquiry. This actually supports the police.
"Officers should, of course, be under no illusion that this watchdog has teeth and will use them.
"We thoroughly and rigorously and independently investigate all matters that are brought to our attention.
If police malpractice is exposed and there is evidence available, it will be dealt with. I don't think there is any police officer in any doubt about that.
"But if innocence is established, or no evidence is found, no action will be taken. They need to know that too."
Those who still see the Ombudsman's office as anti-police maybe surprised at Mr Wood's personal assessment of the PSNI.
"The PSNI are a brave and honourable police service who have endured considerable loss in respect of their colleagues and have faced considerable violence," he states.
"There is exceptional talent among their numbers and, like all organisations, some of lesser ability.
"The service has been held behind by the Troubles in many ways, in terms of modernisation and the training of its members but is now catching up on this.
"The quality of the new recruits and the current change agenda give me huge confidence in the service for the future."
Further Information
Publisher: BELFAST TELEGRAPH
Ref: BT/0915
Published Date: 04-Nov-03
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