A police raid on the Stormont offices of Sinn Féin was not designed to damage the peace process, according to a report by the Northern Ireland Police Ombudsman published today.
The Ombudsman, Mrs Nuala O'Loan, found no evidence to substantiate allegations from republicans that the searches were politically motivated. But while Mrs O'Loan found that the police operation was justified, she criticised officers for acting in a heavy-handed manner.
The report on the raid at Parliament Buildings in October 2002 during an investigation into an alleged IRA spy ring was compiled after complaints from Sinn Féin's Mr Conor Murphy.
These included allegations that the search of the offices had been politically motivated and that the search itself had been excessive. It was also alleged that people were not permitted to enter the room to be searched prior to the search. Two people also alleged that police officers had assaulted them.
The Ombudsman said she has found no evidence to suggest that the search was politically motivated, or that it was designed to damage Sinn Féin and the peace process.
She added the search of an office was part of normal police process following an earlier search of a home. But she added: "No proper consideration was given by police to the fact that they were searching the buildings of a legislative assembly. This was a significant failing by police."
A team of investigators from the Ombudsman's office had established that PSNI officers had earlier that morning carried out searches at a number of locations in the greater Belfast area in relation to alleged serious criminal offences under investigation.
"As a result of those searches, the PSNI decided that it would also be necessary to search a specific desk used by one particular individual, and the area immediately adjacent to that desk, in the Sinn Féin offices at Parliament Buildings," said Mrs O'Loan.
The investigators had viewed the intelligence available to the PSNI that morning.
"On the basis of the intelligence available, I can say that the Det Chief Supt's decision to seek a warrant authorising a search of a specific desk in the Sinn Féin offices was reasonable, proportionate and legal.
"We have not uncovered any evidence that the police decision-making was influenced inappropriately by any other officers within the PSNI, by politicians, or by any other parties."
The inquiry did not uncover any evidence that police had tipped off the media about the raid.
But the Police Ombudsman substantiated the complaint that the scale and manner in which the search operation was carried out at Stormont was disproportionate and unnecessary to the circumstances.
She concluded that the search could have been adequately conducted with a much smaller and less obtrusive police presence.
"There was no necessity for the presence at Stormont of the large number of officers who attended. There should have been prior consideration by police of the fact that the premises to be searched were contained within the Legislative Assembly for Northern Ireland. "I welcome the Chief Constable's early decision to apologise for the heavy-handed nature of this operation. He was right to do so," said Mrs O'Loan.
The Ombudsman did not accept a complaint on the refusal of police officers to allow two members of Sinn Féin to enter their office.She said she was satisfied that the police officers' actions were legitimate and necessary to preserve the integrity of the search scene pending the arrival of the search warrant.
The report also rejected a claim from a Sinn Féin party worker that officers had assaulted him, repeatedly slamming a door on his leg and causing him to spill hot tea over himself.
The Police Ombudsman did not find evidence to support a complaint from a female member of staff that police officers grabbed her by the arm and restrained her.
The inquiry found that officers had lawfully refused the woman entry to the office while the search was taking place.
In a separate, but related issue, the Police Ombudsman recommended that the Chief Constable introduce a policy in relation to the carrying of guns during house searches.
The move follows a complaint made on behalf of a woman whose home was searched at five o'clock that morning. The woman complained that police used 'rapid entry' and, although children were present, openly displayed automatic weapons.
Mrs O'Loan said that officers had not breached their own instructions in deciding to use 'rapid entry' in order to preserve and secure any evidence and in carrying their weapons.
The Ombudsman said there was no clear PSNI policy on the carrying of automatic weapons during searches, and therefore no officer had contravened regulations.
"However, I am strongly of the opinion that there needs to be such a policy, and it is an issue I plan to raise with the Chief Constable," she added.
In a statement last night Sinn Féin Assembly Group leader Mr Murphy claimed the report failed to tell the truth about the purpose of the raid. "It has been claimed that no evidence has been found to prove that the Special Branch raid on Sinn Féin's offices was politically motivated. The Stormont raid on Sinn Féin's parliamentary offices was planned and executed by an RUC cartel of political detectives, in the name of the PSNI" he said.
"It was a politically motivated raid with the clear intent to collapse the institutions and undermine the peace process.
"The Special Branch version of events given to the Police Ombudsman about the Stormont raid varies from the version offered by the PSNI Chief Constable at the time of the raid," Mr Murphy added.