The PSNI interim chief constable has confirmed he will not appeal a High Court judgment that ruled two junior officers were unlawfully disciplined. Jon Boutcher said he accepts the judgment and has offered to meet the officers to apologise.
In August, former PSNI chief constable Simon Byrne indicated he was considering appealing the ruling which related to the punishment of the officers following an arrest they made at an event in 2021 marking the anniversary of the Sean Graham bookmakers massacre on Belfast’s Ormeau Road in 1992, when loyalists killed five people. Mr Bryne’s comments sparked an outcry among serving PSNI officers and he resigned days later.
On Friday Mr Boutcher, who took up his temporary post this week, released a statement acknowledging that “our judgment was wrong and unlawful”.
“I have offered to meet both officers to apologise. I realise this judgment has had a significant impact both within and outside the organisation. The service executive team and I realise that our focus now must be on rebuilding confidence and trust with our officers and staff and across all communities.”
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In his ruling at the High Court in Belfast, Mr Justice Scoffield said the decision to discipline the officers was made to allay any threat of Sinn Féin abandoning its support for policing in Northern Ireland.
The incident unfolded when police attended the Ormeau Road commemoration following concerns the size of the gathering breached Covid-19 pandemic regulations. The two recently recruited officers were disciplined after the arrest of Mark Sykes, a survivor of the 1992 atrocity. Mr Sykes was detained on suspicion of disorderly behaviour and put in handcuffs. He was later released without charge.
The NI Police Federation, which represents 6.500 rank-and-file PSNI officers, mounted a legal challenge over what it described as “high-handed and excessive” disciplinary measures against the officers.
Federation chair Liam Kelly welcomed Mr Boutcher’s statement and praised his “swift action”.
“It is hugely heartening for our officers that within 24 hours of formally taking up his position the interim chief constable has ruled out legally challenging this judgment. I have personally spoken to both officers and this decision has come as a great relief both to them and indeed their colleagues in the wider service.
“This is a most welcome outcome. What the interim chief constable has demonstrated so early in his term in office is that he is listening and acting decisively on the concerns we have raised. In my view he couldn’t have made a better start to his role at the helm of this service which is in dire need of strong leadership and direction. This positive and most welcome decision is a major statement of intent to our men and women.”
However, Mr Kelly warned that Mr Boutcher still faces an “uphill task of tackling plummeting officer morale, a dire budgetary situation, a ‘freeze’ on recruitment and declining officer numbers”.
