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Retired police officers accused of collusion by the Police Ombudsman
last night published a highly detailed rebuttal of her findings
and called for the reform of her office.
The Northern Ireland Retired Police Officers' Association compiled
the 76-page document after poring over Nuala O'Loan's Ballast Report,
which was initiated after complaints from Raymond McCord about the
police investigation into the murder of his son, Raymond.
The rebuttal concludes that Mrs O'Loan's team;-
Misled the public when they claimed that senior police officers
refused to cooperate.
Decided conclusions first and then organised evidence to support
preconceptions.
Had no understanding of the security and intelligence context of
the period.
Failed to learn from their public rebuke and apology over their
"flawed" Omagh Bomb report.
Treated hearsay as evidence, whereas the Public Prosecution Service
directed no prosecutions.
Compromised the current safety of officers and informants by virtually
identifying them.
Risked current UK anti-terrorism security by divulging intelligence
methods.
The rebuttal says its authors hope police investigations will result
in successful inquiries into the "dreadful crimes" in
the Ballast Report and that their aim was purely to critique its
methodology, construction, layout and findings.
Parts of the report draws conclusions based on the "absence
of any explanation" and that facts, which may suggest alternative
conclusions, were ignored, they said.
And they slam the Ombudsman's claim that a significant number
of retired senior police officers "refused to cooperate"
with it. "This is a lie," said the officers. "Some
retired officers were unable, unavailable or unwilling to assist
for various reasons but the officers whom the Ombudsman chooses
to identify by rank, many of whom have contributed to this rebuttal,
dealt at some length with the Ombudsman's Office."
The officers also blasted the Ombudsman for refusing requests,
by those criticised, to see the report before it was published,
in "stark contrast" to protracted briefings they claim
were given to journalists.
The Ombudsman's conclusion appears to be that some Special Branch
and CID officers "rather than the terrorists" were to
blame for Northern Ireland's ills during the Troubles, the officers
conclude.
But these same officers, the rebuttal says, are proud that many
of the counter-terrorist techniques they developed are now saving
lives all over the world, while the Ombudsman was still "woefully
out of her depth" in the world of national security.
The rebuttal concludes that it is probably too late to undo some
of the personal hurt and damage to national interests, but highlights
recommendations which it calls on the Secretary of State to take
to ensure no repetition. A Police Ombudsman spokesman responded
that the rebuttal was the view of a few retired police officers,
whom he claimed refused to cooperate with Ballast, though he stressed
that over 100 retired officers did take part.
He also highlighted the fact that the PSNI, Government and Policing
Board all accepted the Ballast report findings and are implementing
its recommendations.
A survey about the Ombudsman conducted after the Ballast report
indicated that 88 per cent of Protestants and 85 per cent of Catholics
questioned accepted it as being fair, he added.
"The retired officers' report says that it has not had access
to the information, documentation or people involved in our investigation
nor any detailed knowledge of the events referred to.
"My immediate question is, how can they stand over a document
which does not have the facts?"
He also referred to numerous references in the rebuttal that Ombudsman
investigators did not take account of the context of the times.
He added: "Many of these officers refused to meet us and give
us the 'context' they believed they were operating in. It took us
more than six months to try and coax one of these very senior officers
to talk to us and yet he refused."
The Ombudsman stands over the Ballast report but will review it
in search for factual inaccuracies alleged in the rebuttal. And
regarding the 'discredited' Omagh report, he said that the few officers
who took a legal challenge to it withdrew at the last minute and
that it still stands.
n Members of the NIRPOA will be in the House of Commons today for
an adjournment debate on the Ballast Report.
Key points of the rebuttal
1. The Police Ombudsman's Statement makes allegations of guilt
but her investigation has not produced prima-facie evidence acceptable
to the Public Prosecution Service. The Director of Public Prosecutions
had already directed 'No Prosecution' of any serving or retired
police officer before the statement was published. Similarly no
action in respect of any alleged breaches of police discipline is
recommended.
2. The misuse of the word "collusion", without any legal
anchorage, has led to it being used as a political catchphrase.
As a result, police officers who have served their country and community
with integrity and bravery have been vilified in the court of public
opinion. On every single occasion where the word "collusion"
appears in the statement, the "finding" is entirely groundless.
This is demonstrated in the text of the Rebuttal.
3. The statement completely fails to contextualise the dilemmas
facing the police in terms of the existing legal and disciplinary
frameworks; it over-simplifies the ethical and moral dilemmas; and
it ignores the overriding priority set by HMG at the time to save
life through the effective gathering, assessment, analysis and exploitation
of intelligence as opposed to obtaining arrests and perhaps convictions
after the offence.
4. The statement could lead to the identification of a number
of informants, with consequent applications for resettlement. It
has led to the identification of a number of retired police officers.
This pointless, self-serving exercise has compromised the security
of these officers, whose families' rights to privacy under the European
Convention on Human Rights have been gravely abused.
5. The statement compromises secret methodology which had never
previously been officially acknowledged. This breach of the principles
of the Official Secrets Act may have severe consequences for the
security of the United Kingdom and her allies in the current struggle
against worldwide terrorism. It is also likely to impact on law
enforcement here and in the Republic of Ireland.
6. The statement makes disingenuous and wholly unfounded criticisms
of a number of retired senior police officers for allegedly refusing
to cooperate with the enquiry. This misleading and objectionable
vitriol has led to personal embarrassment for these retired public
servants and their families and to the confusion of the public.
The purpose appears to be to provide cover for the inadequacies
of the Ombudsman's investigation and statement and to lay the foundations
for a request for legislation to make retired officers compellable
witnesses in future investigations.
7. The statement demonstrates the lack of relevant experience
within the office of the Police Ombudsman. The investigating team
clearly did not understand why certain things were done in a certain
way and did not trouble themselves to find out, because their conclusion
had been determined in advance. When information or documents which
did not suit the agenda were provided, they were ignored. The investigation
consisted of the wrong people asking the wrong questions of, largely,
the wrong people. It is little wonder that the outcome has been
such a shambles.
8. The statement itself is a chaotic mix of errors of fact and
judgement, contradictions, illogical conclusions and innuendo. It
demonstrates no understanding of the difference between information,
intelligence and evidence. The so-called "findings" have
no basis in evidence, logic or sound argument. Much of the text
reproduces hearsay and what it calls "locker room talk"
or gossip. The presentation is sloppy and dismissive of the reading
public.
9. The statement is written and presented in a style that invites
the reader to draw adverse inferences about the police, particularly
Special Branch, mainly through omission of supporting facts or explanation
where needed.
10. The "findings" and the absence of evidence or sound
reasoning upon which they are based, together with the unfounded
criticism and innuendo which is directed against individuals and
against parts of the RUC GC, demonstrate the lack of objectivity
in the office of the Police Ombudsman for Northern Ireland.
11. The Statement is crucially flawed, containing at least:- •
nine serious factual inaccuracies;
• 15 demonstrations of lack of professionalism and/or profound
failure to understand the issues and the context;
• 21 blatant examples of lack of objectivity in assessments
and conclusions;
• six potential serious security risks to individuals or to
secret methodology;
• six seriously flawed judgements (frequently repeated assertions
without any supporting arguments);
• three obvious self-contradictions;
• four totally illogical conclusions;
• nine insidious innuendos;
• seven indications of sloppy drafting. (References to these
are set out in Appendix IV.);
12. At every level the statement fails. Large parts
of the statement are blatantly wrong and grossly offensive. These
must be withdrawn and a public apology must be issued. The statement
deals with serious matters about which the public and their political
representatives have grave concerns: they deserve something better
than this.
Recommendations
1. Her Majesty's Government must give serious consideration
as to how it wishes to see the Office of Police Ombudsman for Northern
Ireland develop. There should be appropriate parameters applied
to the remit of the office in terms of time limits and scope, particularly
in relation to matters bearing upon national security.
2. It is untenable that a body which has the power of arrest, detention,
interview and recommendation for prosecution should not be subject
to any external complaints procedure as regards the conduct of investigations.
This places the United Kingdom in clear breach of Article 13 of
the European Convention on Human Rights.
3. The Ombudsman's team have demonstrated that they have a number
of training needs which should be addressed.
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