It has been revealed that a former PSNI member, originally from the Republic, has moved back across the border to avoid prosecution for an assault on a man he arrested in Derry.
Police responded to a fight outside the Strand Bar in Derry city centre in February 2005. The perpetrator was quickly caught.
However, CCTV footage showed the officer then attacking the man. The incident was reported to the North's Police Ombudsman Nuala O'Loan by a PSNI sergeant.
A report by the ombudsman said the attack was without provocation and ‘totally without justification’.
The CCTV footage showed the police officer slamming his knees into the man's chest as he lay on the ground. The officer then pulled him by the ear and handcuffed his hands behind his back.
Moments later, the officer struck the man on the nose.
A number of other police on duty at the time and civilian witnesses said the man had not been offering any resistance when he was hit.
The Public Prosecution Service in the North said the officer (referred to as ‘A’), who was based at Strand Road police station in Derry, should be charged with assault.
However, that was not possible because the officer, who was originally from the Republic, had resigned from the PSNI and moved back across the border.
He was therefore outside the (Northern) jurisdiction. The Police Ombudsman praised the PSNI Sergeant who reported the incident for doing the right thing and other officers who gave evidence during the investigation.
Mrs O'Loan added that the PSNI had acted correctly in referring the case for independent investigation by the Police Ombudsman's Office and said her investigators had received ‘full co-operation’ from the PSNI during their enquiries.
She said: ‘Although Officer A escaped prosecution, I am glad - now that he has resigned from the police - that there is no prospect of him repeating behaviour which could only serve to undermine public confidence in the police service’.
