0:00:02 > 0:00:06CCTV cameras are used everywhere to help fight crime,
0:00:06 > 0:00:08but tonight on Spotlight,
0:00:08 > 0:00:12with exclusive footage, we bring you the story of how CCTV cameras
0:00:12 > 0:00:16in Omagh have brought sharp focus on police methods.
0:00:17 > 0:00:20Here, a policeman punches a late-night drinker in the face.
0:00:20 > 0:00:22The way they have intervened has escalated
0:00:22 > 0:00:24the aggression and the violence.
0:00:24 > 0:00:29This is a middle-aged man being dragged to a police car.
0:00:29 > 0:00:32I'd liken it to an individual being dragged from a war zone.
0:00:32 > 0:00:35Totally unacceptable. I'm shocked and disappointed.
0:00:35 > 0:00:37And Omagh's new police commander gives us his view.
0:00:37 > 0:00:39That is absolutely horrendous.
0:00:39 > 0:00:42It's over the top, but you have got to look at it in the round.
0:00:42 > 0:00:45But it's not just heavy-handed policing that's in question.
0:00:45 > 0:00:49It now appears there's a serious issue about the reliability
0:00:49 > 0:00:51of some police evidence.
0:00:51 > 0:00:55I believe that the new Chief Constable has a job of work to do,
0:00:55 > 0:00:58to send an investigating team into there, to find out
0:00:58 > 0:01:00what exactly has been going on.
0:01:00 > 0:01:07This programme contains some strong language.
0:01:14 > 0:01:16By day, it's quiet, but at weekends,
0:01:16 > 0:01:20John Street in Omagh is Tyrone Party Central,
0:01:20 > 0:01:23attracting hundreds to its many bars and its nightclub.
0:01:23 > 0:01:26# Tonight We're drinking from the bowl... #
0:01:30 > 0:01:33But it can also be a place of danger.
0:01:35 > 0:01:38Two teenagers died in this town centre street
0:01:38 > 0:01:41in the past 18 months, after late-night street fights.
0:01:41 > 0:01:46Chief Superintendent Kevin Dunwoody is the new Divisional Commander
0:01:46 > 0:01:49for this area. His first major task is to find a way
0:01:49 > 0:01:52of dealing with public order issues.
0:01:52 > 0:01:56We have had 96 assaults in Omagh over the last year.
0:01:56 > 0:01:5836 of those have actually occurred
0:01:58 > 0:02:02in the area that you are showing on the footage there.
0:02:02 > 0:02:05There is a risk to people that are there. We have to make sure
0:02:05 > 0:02:08we are there to be able to protect the public.
0:02:08 > 0:02:11So, the police have a duty of care to protect the public
0:02:11 > 0:02:14at closing time from potential disorder.
0:02:14 > 0:02:17And, yet, paradoxically, they also have a duty to protect
0:02:17 > 0:02:21the late-night drinkers from the harm they can do themselves.
0:02:21 > 0:02:26Patrolling the streets is never easy, especially at closing time.
0:02:26 > 0:02:31Take, for instance, this brief disturbance in December, 2012.
0:02:31 > 0:02:34A camera phone captures the moment the police arrive.
0:02:34 > 0:02:39CCTV images show how quickly the situation threatens
0:02:39 > 0:02:42to escalate out of control, as scuffles break out.
0:02:43 > 0:02:47Four cases have raised serious questions about policing in Omagh.
0:02:47 > 0:02:51Police ombudsman Michael Maguire has set up a team to investigate.
0:02:51 > 0:02:55He first took an interest in Omagh a year ago.
0:02:55 > 0:02:58I asked for some work done, internally, in relation
0:02:58 > 0:03:00to the pattern and profile of cases,
0:03:00 > 0:03:01in relation to Omagh.
0:03:01 > 0:03:04I, at the beginning of this year, shared that information
0:03:04 > 0:03:06with the police, with a view to saying,
0:03:06 > 0:03:08"Look, there are some questions here."
0:03:08 > 0:03:11We asked two experienced former police officers
0:03:11 > 0:03:16to look at how the police acted in the December 2012 incident.
0:03:16 > 0:03:20That first initial use of force will... What we see
0:03:20 > 0:03:24in many, many instances, it will inflame the crowd.
0:03:24 > 0:03:29Dr Stuart Kirby is a former Divisional Commander,
0:03:29 > 0:03:31with 30 years' service,
0:03:31 > 0:03:34who now specialises in public order policing in England.
0:03:34 > 0:03:40So, rather than being the solution, achieving the objective,
0:03:40 > 0:03:43the police intervention is now part of the problem,
0:03:43 > 0:03:47because what has gone from a celebration is now a, sort of, more
0:03:47 > 0:03:50severe confrontation between police and public.
0:03:50 > 0:03:53Ulster Unionist MLA Ross Hussey
0:03:53 > 0:03:57patrolled the streets of Omagh for 25 years, as an RUC officer.
0:03:57 > 0:03:59From what I see, they shouldn't have moved in at all.
0:03:59 > 0:04:03There was, what appeared to be, a boisterous, happy crowd.
0:04:03 > 0:04:07But based on what you see in the video, it's a happy crowd,
0:04:07 > 0:04:09who have a drop of drink too much.
0:04:09 > 0:04:10The drink's in,
0:04:10 > 0:04:13the wit's out, but there is no aggression shown there.
0:04:13 > 0:04:17We put it to Chief Superintendent Kevin Dunwoody that the actions
0:04:17 > 0:04:22of his officers seen here, had escalated the situation.
0:04:22 > 0:04:25This didn't look like a threatening crowd, at all.
0:04:25 > 0:04:27At the start, it's not a threatening crowd.
0:04:27 > 0:04:30You saw two officers come in and then it escalates very quickly.
0:04:30 > 0:04:34Only when the police push in seems to be the escalation point.
0:04:34 > 0:04:38We are looking at one piece of evidence. We are looking at the CCTV.
0:04:38 > 0:04:41You are looking at it without listening to what is being said,
0:04:41 > 0:04:46without, sort of, looking at it from the context of the crowd,
0:04:46 > 0:04:49the context of the officers and the threat they perceived and felt.
0:04:49 > 0:04:53We then showed the Chief Superintendent how the arresting
0:04:53 > 0:04:55officer subdued this man.
0:04:55 > 0:04:58They are trying to get handcuffs on him and, yet, this happens.
0:04:58 > 0:05:00He seems to be thrown to the ground here.
0:05:00 > 0:05:03It looks horrendous. What they are trying to do
0:05:03 > 0:05:05is put the arrested person under control.
0:05:05 > 0:05:08This is one of the cases which has been referred to the ombudsman.
0:05:08 > 0:05:10You can look at the video and you can form an opinion.
0:05:10 > 0:05:13It's up to the ombudsman to take an objective view,
0:05:13 > 0:05:15based on all the evidence.
0:05:15 > 0:05:19Arising out of this melee, two men found themselves
0:05:19 > 0:05:22facing criminal charges, including the man we saw earlier
0:05:22 > 0:05:25being thrown to the ground. That is Leo McCullagh.
0:05:25 > 0:05:29You can see him here, in a blue T-shirt, being arrested.
0:05:30 > 0:05:34In these statements, four officers describe seeing Leo McCullagh
0:05:34 > 0:05:37punch a constable in the face, using his fist.
0:05:37 > 0:05:42And four of them describe seeing 15-20 men blocking the street
0:05:42 > 0:05:45to traffic. Perhaps, what is most important about these statements
0:05:45 > 0:05:47is that they corroborate each other,
0:05:47 > 0:05:49providing the Public Prosecution Service
0:05:49 > 0:05:52with a compelling reason to prosecute.
0:05:54 > 0:05:57Leo McCullagh is charged with disorderly behaviour,
0:05:57 > 0:06:01resisting arrest and assaulting a police officer.
0:06:01 > 0:06:04Solicitor Conor Sally represented Leo McCullagh.
0:06:04 > 0:06:09He told his client to seek out the CCTV footage of the incident.
0:06:09 > 0:06:14In Leo's case, the key critical factor was the CCTV.
0:06:14 > 0:06:17Number one, the CCTV had been sought.
0:06:17 > 0:06:19Two, the fact that it then covered the incident
0:06:19 > 0:06:22and that it wasn't pointing in a different direction.
0:06:22 > 0:06:27Using those CCTV images, the person highlighted here
0:06:27 > 0:06:31is Leo McCullagh, before the arrival of the police.
0:06:31 > 0:06:34He was 27, when seen here celebrating the outcome
0:06:34 > 0:06:36of a televised Premier League football match.
0:06:36 > 0:06:41We asked him to recall what happened that night.
0:06:41 > 0:06:44I was drinking, but I wasn't drunk. I can remember it all, like.
0:06:44 > 0:06:49We were just happy. We were messing about after... Doing no harm, like.
0:06:49 > 0:06:53And up to this point, Leo had never been arrested.
0:06:53 > 0:06:56When a hooded member of his group tries to touch
0:06:56 > 0:06:59a passing police van, it's Leo who pulls him away.
0:06:59 > 0:07:03Remember, it will be Leo who will be arrested for public disorder
0:07:03 > 0:07:05and the assault of a police officer.
0:07:05 > 0:07:09Given Leo's account and the CCTV footage, his solicitor
0:07:09 > 0:07:12didn't believe he had a case to answer,
0:07:12 > 0:07:16but when Conor Sally saw the police statements, they gave
0:07:16 > 0:07:20a very different and damning version of the events that night.
0:07:20 > 0:07:24It appeared to me that Leo's story was very close,
0:07:24 > 0:07:27if not identical, to the CCTV footage.
0:07:27 > 0:07:32And when we received the statement from the police, it became clear,
0:07:32 > 0:07:34at a very early stage, that there were
0:07:34 > 0:07:38several inconsistencies between what had happened on camera
0:07:38 > 0:07:42and what was in the police statements.
0:07:44 > 0:07:48In order to clearly demonstrate those inconsistencies,
0:07:48 > 0:07:51we have reconstructed the police version of events,
0:07:51 > 0:07:53using their signed statements.
0:08:02 > 0:08:05"These males were blocking the path of our police vehicle and made
0:08:05 > 0:08:07"no efforts to move as our vehicle approached."
0:08:09 > 0:08:11This account of people blocking the street is corroborated
0:08:11 > 0:08:15by two other officers. One of them, in his statement, said,
0:08:15 > 0:08:19"I observed a crowd of approximately 20 people on the road
0:08:19 > 0:08:22"and they covered the entire width of the road."
0:08:22 > 0:08:24The other officer, in his statement, said,
0:08:24 > 0:08:27"the 15-20 males were making it impossible for traffic
0:08:27 > 0:08:28"to move along the road."
0:08:28 > 0:08:33But the CCTV footage appears to show only a couple of males actually
0:08:33 > 0:08:36walk into the middle of the street.
0:08:36 > 0:08:39And we counted six vehicles driving past.
0:08:39 > 0:08:43The following is from the statement of one of the officers
0:08:43 > 0:08:45involved in the incident, describing the movement
0:08:45 > 0:08:48of a fellow officer, who was later involved in the punch.
0:08:48 > 0:08:51"He had his arms spread wide with his hands open."
0:08:51 > 0:08:56But from two different camera angles that doesn't appear to be the case.
0:08:56 > 0:09:01The officer involved in the punch had this to say in his statement.
0:09:01 > 0:09:03"I escorted the males over to the footpath.
0:09:03 > 0:09:06"As I did this, the group became hostile,
0:09:06 > 0:09:11"shouting and swearing at myself. Then, a male, I now know to be
0:09:11 > 0:09:14"Leo McCullagh, shouted at me, "Go fuck yourself.
0:09:14 > 0:09:16"Don't fucking touch me."
0:09:16 > 0:09:20"I warned Mr McCullagh to calm down and get off the road.
0:09:20 > 0:09:22"However, he pushed my chest with both hands."
0:09:22 > 0:09:24But hold on.
0:09:24 > 0:09:28What can be seen from the CCTV footage is that one, or both,
0:09:28 > 0:09:31of Leo's hands are always visible, which is in conflict
0:09:31 > 0:09:34with the police officer's statement.
0:09:34 > 0:09:37"I took control by holding him by the shoulders and pushed him back
0:09:37 > 0:09:38"off the road."
0:09:40 > 0:09:43What the officer doesn't note is that the he pushes Leo
0:09:43 > 0:09:47against a parked taxi, so hard the taxi shakes.
0:09:47 > 0:09:49And it's now the crucial incident occurs.
0:09:56 > 0:09:58Leo denies punching the officer.
0:09:58 > 0:10:01He says he was pushing the officer away.
0:10:01 > 0:10:03Did you punch at him?
0:10:03 > 0:10:06When he pushed me against the taxi, I pushed him off me.
0:10:06 > 0:10:09You can clearly see there that I pushed him off me.
0:10:09 > 0:10:13Even in court, when confronted with CCTV evidence,
0:10:13 > 0:10:19the officer continued to insist his version of events was correct.
0:10:19 > 0:10:22The police officer that alleged that he had been punched on the nose
0:10:22 > 0:10:26was quite adamant, upon watching
0:10:26 > 0:10:30the CCTV, maybe, up to 20 times in court.
0:10:30 > 0:10:33He was still adamant that he had been punched and it appeared the mood
0:10:33 > 0:10:38within the court appeared to be that, perhaps, he was the only officer
0:10:38 > 0:10:40that believed that.
0:10:40 > 0:10:45Journalist Ryan McAleer has been covering Omagh Court for years.
0:10:45 > 0:10:49Of course, doing court duty, you see police officers cross examined,
0:10:49 > 0:10:50but the presence
0:10:50 > 0:10:54of the CCTV and the fact they were able to use it,
0:10:54 > 0:10:57juxtaposed with their defence statement.
0:10:57 > 0:11:03I mean, I don't think I've seen a police testimony dismantled as well,
0:11:03 > 0:11:06or to such an extent, before.
0:11:06 > 0:11:11The CCTV footage of Leo's arrest played a key role in the courtroom.
0:11:11 > 0:11:14After hearing police officers being cross examined,
0:11:14 > 0:11:18as pictures were shown in the court, the PPS made a crucial decision.
0:11:18 > 0:11:21They decided not to proceed any further with the case
0:11:21 > 0:11:24and the judge dismissed all the charges.
0:11:28 > 0:11:31Incredibly, as Spotlight has discovered,
0:11:31 > 0:11:36the PPS brought this case solely on the police statements and without
0:11:36 > 0:11:39even looking at the evidence provided by the CCTV footage.
0:11:39 > 0:11:43We had asked for CCTV footage from police and it only came
0:11:43 > 0:11:45at a very late stage. We had already
0:11:45 > 0:11:48taken the decision to prosecute. That is something for us to learn.
0:11:48 > 0:11:51But if the case asked questions about the decision-making
0:11:51 > 0:11:54of the PPS, it raised more serious questions
0:11:54 > 0:11:58about the reliability of the evidence of police officers.
0:11:58 > 0:12:03Had it not been for CCTV, this might never have been revealed.
0:12:03 > 0:12:06I think it was apparent to everyone in the court
0:12:06 > 0:12:10and, most importantly, the judge, who has the final decision,
0:12:10 > 0:12:16that the evidence given by police just simply wasn't consistent
0:12:16 > 0:12:20with what had happened on camera.
0:12:21 > 0:12:27Policing expert Stuart Kirby said the police accounts of the crowd
0:12:27 > 0:12:29blocking the road appear to come directly from standard
0:12:29 > 0:12:33police training on how to resolve conflict.
0:12:33 > 0:12:36By saying the road is blocked, there is
0:12:36 > 0:12:40a clear reason to engage with the crowd.
0:12:40 > 0:12:46What the officer says is he notices the officer go towards the group
0:12:46 > 0:12:49and use his open hands to gently push the males off the road.
0:12:49 > 0:12:53Now, this would be consistent with the conflict-resolution model.
0:12:57 > 0:13:01Doubts about the credibility of police evidence were also raised
0:13:01 > 0:13:06again six months later, on New Year's Day this year,
0:13:06 > 0:13:08with the arrest of two Omagh teenagers.
0:13:10 > 0:13:12Emmet Donnelly and Mark Meenan agreed to talk us through
0:13:12 > 0:13:15their arrests and their night in a police cell.
0:13:15 > 0:13:19I wasn't too happy, waking up in a cell, like.
0:13:19 > 0:13:22- You'd never had any arrests or any trouble?- Never.
0:13:22 > 0:13:25I went home the next day and told my mum, you know,
0:13:25 > 0:13:29but she didn't know what to think of it, at all.
0:13:30 > 0:13:31On the night he was arrested,
0:13:31 > 0:13:35Emmet Donnelly saw police intervene in a fight.
0:13:35 > 0:13:38That is Emmet in a white shirt highlighted in the bottom left
0:13:38 > 0:13:40of your screen.
0:13:40 > 0:13:43He is stopped by a police constable, who wanted to question him.
0:13:43 > 0:13:47It's difficult to make out exactly what happened next,
0:13:47 > 0:13:51but what can be seen clearly, on the left of your screen,
0:13:51 > 0:13:54is the police officer used what he called a "controlled headlock".
0:13:54 > 0:13:58- There's the headlock there.- Yeah.
0:13:58 > 0:14:01And then he says that he told you to calm down.
0:14:01 > 0:14:04Aye, I was telling him here I'd done nothing wrong
0:14:04 > 0:14:07and then a couple more cops get involved.
0:14:07 > 0:14:10Emmet's handcuffed and, as he's led away,
0:14:10 > 0:14:13Mark Meenan, highlighted here on the right of your screen,
0:14:13 > 0:14:16comes into contact with a police officer. The officer stated...
0:14:20 > 0:14:23Mark Meenan's recollection is somewhat different.
0:14:23 > 0:14:26He says he was grabbed by the officer and he believes
0:14:26 > 0:14:30the CCTV supports his version of events.
0:14:30 > 0:14:33They took Emmet away there and I went over to talk to him
0:14:33 > 0:14:36and then I was grabbed by the throat.
0:14:36 > 0:14:41The policemen say that you blocked their path,
0:14:41 > 0:14:44that you were trying to block their path and stop them
0:14:44 > 0:14:46from taking Emmet away. Would you agree with that?
0:14:46 > 0:14:49Not really, no, I wasn't trying to block the path.
0:14:49 > 0:14:51I was only trying to talk to Emmet.
0:14:51 > 0:14:53And what did you say to Emmet?
0:14:53 > 0:14:55Tiocfaidh ar la. Good man, Emmet. Tiocfaidh ar la.
0:14:55 > 0:14:59Do you think that was regarded by them as provocative?
0:15:01 > 0:15:03It probably would be, aye.
0:15:03 > 0:15:06The teenagers were charged with disorderly behaviour,
0:15:06 > 0:15:09assaulting police and resisting arrest.
0:15:11 > 0:15:15In court, District Judge Bernie Kelly was again asked
0:15:15 > 0:15:18to compare CCTV footage of the arrests
0:15:18 > 0:15:20with the police evidence presented
0:15:20 > 0:15:23in statements and courtroom testimony.
0:15:23 > 0:15:26We've reconstructed the court hearing.
0:15:27 > 0:15:30When the CCTV was played in court,
0:15:30 > 0:15:33police officers accepted the defence contention that,
0:15:33 > 0:15:35in a number of areas,
0:15:35 > 0:15:38their police statements did not match the pictures.
0:15:38 > 0:15:43The CCTV was used to get the officers to agree
0:15:43 > 0:15:47a number of issues on the CCTV that hadn't occurred
0:15:47 > 0:15:51and, therefore, that left the judge in some degree of doubt.
0:15:51 > 0:15:54In court, the judge said she had difficulty with
0:15:54 > 0:15:56the memory of the senior officer,
0:15:56 > 0:15:58but most damning of all was the word she used
0:15:58 > 0:16:01to describe the police evidence in the case.
0:16:01 > 0:16:04She told the court it was "tainted".
0:16:04 > 0:16:08Judge Kelly accepted that the CCTV images contradicted
0:16:08 > 0:16:11the police version of events and she threw out the case.
0:16:11 > 0:16:15For these two teenagers, the entire experience has done nothing
0:16:15 > 0:16:17to increase their trust in the police.
0:16:17 > 0:16:20It doesn't change my views at all on the police.
0:16:20 > 0:16:23I had very little faith in them before and now, after that,
0:16:23 > 0:16:26I have got nothing at all, like.
0:16:26 > 0:16:29SDLP policing spokesperson Dolores Kelly
0:16:29 > 0:16:33says this lack of trust among some young people in Omagh
0:16:33 > 0:16:35is the result of contentious policing.
0:16:35 > 0:16:40It actually brings, again, a breach in trust with the like of myself,
0:16:40 > 0:16:41who is a policing board member,
0:16:41 > 0:16:45somebody who stood on the lines in republican and nationalist areas
0:16:45 > 0:16:47and went into some of the heartlands and encouraged people
0:16:47 > 0:16:50to have confidence in the new beginning to policing.
0:16:57 > 0:16:59If, as a consequence of cases like these,
0:16:59 > 0:17:04where it appears there is a breach in the public's trust in police,
0:17:04 > 0:17:08then it could be argued that where there is no CCTV footage, it becomes
0:17:08 > 0:17:12very difficult to rely solely on police statements and evidence.
0:17:17 > 0:17:20In January 2013, Anthony and Shona Kirk
0:17:20 > 0:17:22were putting their children to bed
0:17:22 > 0:17:25when Shona thought she heard a knock at the door.
0:17:25 > 0:17:29When she looked out, she saw the police outside.
0:17:29 > 0:17:33Thought it would be for Anthony, got up, I...
0:17:33 > 0:17:36He came to the front door, opened up the door...
0:17:38 > 0:17:43The dog came to run by him. He reached down and grabbed the dog.
0:17:43 > 0:17:45He called the dog every name under the sun.
0:17:45 > 0:17:50But police statements accused the Kirks of shouting and swearing
0:17:50 > 0:17:53from their front door, not at the dog, but at them.
0:17:53 > 0:17:55The Kirks said they were about to lock up
0:17:55 > 0:17:58when suddenly the front door was pushed open.
0:17:58 > 0:18:00Went like that there to put the handle up.
0:18:00 > 0:18:03Next thing, door comes flying open, I go flying across like this.
0:18:03 > 0:18:06The police officer came in, grabbed me by the hair,
0:18:06 > 0:18:10had me by the throat like this. Then I shouted to get his...hands off me.
0:18:10 > 0:18:12Anthony came flying out the door...
0:18:12 > 0:18:15But the police version of events is entirely different.
0:18:15 > 0:18:17In statements,
0:18:17 > 0:18:20they say they tried to speak to Anthony Kirk at the front door
0:18:20 > 0:18:25and had to put their foot in the door as the Kirks tried to close it.
0:18:25 > 0:18:26Anthony Kirk maintains
0:18:26 > 0:18:28that one officer first attacked his wife in the house
0:18:28 > 0:18:31and so he moved to rescue her.
0:18:31 > 0:18:34I just grabbed him, swung him away.
0:18:34 > 0:18:38There was no need for them to come in and assault my wife.
0:18:38 > 0:18:40But it was the Kirks who were charged with assault.
0:18:40 > 0:18:43However, the case was thrown out because,
0:18:43 > 0:18:45as their solicitor, Michael Fahy, explains,
0:18:45 > 0:18:49the judge ruled the police had no legal right to enter their home.
0:18:49 > 0:18:52It is very clear on the evidence of the officers that they had
0:18:52 > 0:18:57- no legal entitlement to enter that property.- And the judge agreed.
0:18:57 > 0:19:00After dismissing all the charges against Anthony and Shona Kirk,
0:19:00 > 0:19:03the judge called for the police officers involved in the case
0:19:03 > 0:19:05to be brought before her.
0:19:05 > 0:19:08I want you officers to take a note of what I am about to say.
0:19:08 > 0:19:12She went on to say that what Anthony and Shona Kirk had suffered,
0:19:12 > 0:19:16which involved the imposition of handcuffs, leg restraints,
0:19:16 > 0:19:18being kneeled upon,
0:19:18 > 0:19:21she regarded this very seriously indeed
0:19:21 > 0:19:23and went so far as to say
0:19:23 > 0:19:25that officers cannot do so without the lawful authority
0:19:25 > 0:19:28and she believed that they did not have the lawful authority.
0:19:32 > 0:19:36Six months later, Michael Fahy was asked to represent
0:19:36 > 0:19:3943-year-old Devin O'Reilly and his wife, Tracey.
0:19:39 > 0:19:42They had been charged with disorderly behaviour,
0:19:42 > 0:19:45obstruction, assault and resisting arrest.
0:19:45 > 0:19:48Michael Fahy said before this, the O'Reilly's had never had
0:19:48 > 0:19:50so much as a parking ticket.
0:19:50 > 0:19:54A totally law-abiding couple, two persons who are in employment,
0:19:54 > 0:19:57they are married, they have children.
0:19:57 > 0:20:00They both work and I suppose, like anybody else,
0:20:00 > 0:20:02they enjoy a night out at the weekend.
0:20:02 > 0:20:07But other than that, they certainly wouldn't be within
0:20:07 > 0:20:10the eye of local police at all.
0:20:13 > 0:20:16Omagh's CCTV captured the moment last November
0:20:16 > 0:20:17that two police officers
0:20:17 > 0:20:19jumped from the car to sprint to the entrance
0:20:19 > 0:20:22of the Irish National Foresters Club at closing time.
0:20:24 > 0:20:27They wanted to speak to Mr O'Reilly
0:20:27 > 0:20:31who was standing outside the club after a night out with his wife.
0:20:31 > 0:20:33He'd been drinking in this club
0:20:33 > 0:20:35and had come outside at 2.30 in the morning
0:20:35 > 0:20:37and had tried to wave down a taxi,
0:20:37 > 0:20:40except it wasn't a taxi, it was a police car.
0:20:40 > 0:20:43One of the officers inside believed that Mr O'Reilly
0:20:43 > 0:20:46had made a rude gesture by giving the police the finger.
0:20:46 > 0:20:51One constable involved in the arrest told the court
0:20:51 > 0:20:54he had not seen any gesture, but had jumped out of his car
0:20:54 > 0:20:57to follow his colleague in the direction of Mr O'Reilly.
0:20:59 > 0:21:01Reporter Ronan McSherry was in court that day.
0:21:03 > 0:21:07The constable subsequently said that he didn't see Mr O'Reilly
0:21:07 > 0:21:08making any sign at all,
0:21:08 > 0:21:11that he was just going by the reaction of his colleague,
0:21:11 > 0:21:14- so maybe I'll just refer to my note here...- Yes, please do.
0:21:14 > 0:21:17The constable didn't see anything but went and grabbed Mr O'Reilly.
0:21:17 > 0:21:20He says he didn't know why they were stopping,
0:21:20 > 0:21:23but he knew by his colleague's body language that he wasn't going to
0:21:23 > 0:21:25ask Mr O'Reilly how his day had been.
0:21:25 > 0:21:29And the CCTV footage had yet another secret to reveal.
0:21:33 > 0:21:37This is Devin O'Reilly being dragged to a police car,
0:21:37 > 0:21:41accused of assaulting police and resisting arrest.
0:21:41 > 0:21:42It's totally unacceptable.
0:21:42 > 0:21:45I find it difficult to be critical of the police,
0:21:45 > 0:21:49but seeing it does shock me. I wouldn't have expected that.
0:21:49 > 0:21:52I likened it to an individual being dragged from a war zone.
0:21:57 > 0:22:00In Devin O'Reilly's court case, there was much confusion
0:22:00 > 0:22:03about his alleged rude gesture to police.
0:22:03 > 0:22:07The court heard that one officer had put in his first statement
0:22:07 > 0:22:10that Mr O'Reilly had used his index finger.
0:22:11 > 0:22:13But then he made a second statement to make it clear
0:22:13 > 0:22:17he had meant to type middle finger.
0:22:17 > 0:22:18The District Judge was very quick
0:22:18 > 0:22:20to say that this was far from a typographical error.
0:22:20 > 0:22:23I don't believe that any adult cannot
0:22:23 > 0:22:27tell the difference between the middle and index finger.
0:22:27 > 0:22:30I have a five-year-old granddaughter that knows the difference.
0:22:31 > 0:22:34After hearing the police officers present their evidence,
0:22:34 > 0:22:37which included two of them admit to punching Mr O'Reilly
0:22:37 > 0:22:41while he was on the ground with a policeman's knee in his face,
0:22:41 > 0:22:44the Judge delivered a damning verdict on the police evidence.
0:22:44 > 0:22:49I take it as a foray into a fairytale I've just been spun.
0:22:51 > 0:22:54And there was just one other strange aspect to the Devin O'Reilly case.
0:22:56 > 0:23:00It's also evident as well that after he was placed into the police car,
0:23:00 > 0:23:02he was taken home.
0:23:02 > 0:23:03They didn't take him to the police station?
0:23:03 > 0:23:06Didn't take him to the police station.
0:23:06 > 0:23:09If an individual has injuries of any visible nature, then ordinarily
0:23:09 > 0:23:12what officers do is that they have the person examined
0:23:12 > 0:23:14by a forensic medical officer.
0:23:14 > 0:23:17In his statement, an officer explained what happened
0:23:17 > 0:23:19when they drove Mr O'Reilly to his home.
0:23:27 > 0:23:29If they were going to proceed with a prosecution,
0:23:29 > 0:23:32why not take him to the station and charge him?
0:23:32 > 0:23:34You know, because why take him home?
0:23:34 > 0:23:39If the whole row was that he had allegedly attempted to stop a taxi,
0:23:39 > 0:23:41clearly he wanted to go home.
0:23:41 > 0:23:44Ironically, the very police car that Devin O'Reilly tried to hail
0:23:44 > 0:23:48as a taxi could have been the one that took him home.
0:23:50 > 0:23:53The Omagh cases didn't just focus attention on the actions
0:23:53 > 0:23:55of the police.
0:23:55 > 0:23:58Criticism was also made of the role of the Public Prosecution Service,
0:23:58 > 0:24:01the PPS, because it's their decision
0:24:01 > 0:24:04whether or not a case should be brought before the courts
0:24:04 > 0:24:05for prosecution.
0:24:09 > 0:24:12In the case of Devin O'Reilly, the judge was very damning
0:24:12 > 0:24:13of the prosecution.
0:24:15 > 0:24:18In referring to the role of the Public Prosecution Service
0:24:18 > 0:24:21in bringing the case to court, she had this to say...
0:24:21 > 0:24:24The prosecution case is so flawed
0:24:24 > 0:24:27that no jury could return a guilty verdict.
0:24:29 > 0:24:32A police file at its conclusion is always forwarded onto
0:24:32 > 0:24:33the Public Prosecution Service,
0:24:33 > 0:24:36who then decide whether the case has merit to proceed.
0:24:36 > 0:24:40So really I don't think the PPS are without any criticism here either,
0:24:40 > 0:24:44because they are supposed to act as a buffer as regards
0:24:44 > 0:24:46unmeritorious cases, and they're supposed to weed out cases
0:24:46 > 0:24:49like this and make sure they don't ever get to court.
0:24:49 > 0:24:52So we put these criticisms to the Public Prosecution Service.
0:24:54 > 0:24:57These cases, the CCTV has been used in the public court.
0:24:57 > 0:25:00I've got the cases here on this laptop.
0:25:00 > 0:25:03Will you look at these pictures with me and talk about it?
0:25:03 > 0:25:06I don't think it would be appropriate for me to look at them now, Chris.
0:25:06 > 0:25:08I'm certainly willing to review those cases,
0:25:08 > 0:25:10cos I've already looked at some of them.
0:25:10 > 0:25:13OK, let me ask you a question then about a specific case,
0:25:13 > 0:25:15the case of Leo McCullagh.
0:25:15 > 0:25:17Have you had a chance to look at that footage?
0:25:17 > 0:25:19I haven't looked at that footage.
0:25:19 > 0:25:23I have looked at, there's been some clips on YouTube.
0:25:23 > 0:25:27That is one of the cases where I am concerned about the CCTV footage
0:25:27 > 0:25:30that was available to police not being made available to us
0:25:30 > 0:25:31till a very late stage.
0:25:31 > 0:25:34When you say not available till a very late stage...
0:25:34 > 0:25:36We had taken the decision to prosecute without
0:25:36 > 0:25:38looking at that footage.
0:25:38 > 0:25:40- In hindsight is that a mistake? - Absolutely.
0:25:40 > 0:25:43But could you have avoided taking people to court?
0:25:43 > 0:25:46Yes, if we had seen the CCTV footage, I think the case you are referring to
0:25:46 > 0:25:48is one where we didn't see it till a late stage,
0:25:48 > 0:25:49and that is obviously of regret
0:25:49 > 0:25:53and something I will ensure does not reoccur in situations like this.
0:25:53 > 0:25:57I think it probably could have been avoided if the prosecutor had seen
0:25:57 > 0:25:59that evidence if it had been provided by police
0:25:59 > 0:26:02at an earlier stage.
0:26:02 > 0:26:04So let's be clear.
0:26:04 > 0:26:05What the PPS have just told us
0:26:05 > 0:26:09is that the Leo McCullagh case would not have gone to court at all
0:26:09 > 0:26:13had prosecutors in their Omagh office looked at the CCTV evidence.
0:26:16 > 0:26:19What have you learned from this whole experience, then?
0:26:19 > 0:26:21You can't trust the police.
0:26:21 > 0:26:23Not all police maybe, but
0:26:23 > 0:26:26there's a lot of them you can't trust.
0:26:26 > 0:26:29What happens in situations like this is that the public look at it
0:26:29 > 0:26:33and they think the police shouldn't be able to use that force,
0:26:33 > 0:26:35it's not reasonable, it's not correct.
0:26:35 > 0:26:39So what happens is the confidence of the public goes down
0:26:39 > 0:26:42in the police and they're trusted less.
0:26:42 > 0:26:46Now, what happens then is the public are less likely to co-operate
0:26:46 > 0:26:48with the police.
0:26:48 > 0:26:51Because the public co-operate less, ring in less,
0:26:51 > 0:26:54what then happens is that the police have got to be more authoritative.
0:26:54 > 0:26:56So they've got to intervene more,
0:26:56 > 0:27:01they've got to use more of their authority than by using consent.
0:27:01 > 0:27:05And what happens then is you go into this spiral where police
0:27:05 > 0:27:10and community interactions just go down and down and down.
0:27:14 > 0:27:18There's no doubt the image of Omagh police has been tarnished,
0:27:18 > 0:27:21and the Divisional Commander has concerns about damage
0:27:21 > 0:27:24going beyond his area.
0:27:24 > 0:27:27In all the pieces of footage which I have viewed with you,
0:27:27 > 0:27:29I have to be honest, on the face of them,
0:27:29 > 0:27:32they all look absolutely horrendous. They do not present
0:27:32 > 0:27:36Omagh police in any way shape or form in a good light.
0:27:36 > 0:27:41I do have concerns, not just about the perception which is generated
0:27:41 > 0:27:44within one community or another community.
0:27:44 > 0:27:47But in the whole perception of PSNI as a whole
0:27:47 > 0:27:49as a professional organisation
0:27:49 > 0:27:51by the actions of the few may be called into question.
0:27:51 > 0:27:54Up until the emergence of CCTV you would have had a client
0:27:54 > 0:27:57coming in saying he was involved with police,
0:27:57 > 0:27:59he's been charged with assault on police,
0:27:59 > 0:28:02but he's no prospect of winning this case cos it's his word against
0:28:02 > 0:28:04say, up to four or five officers,
0:28:04 > 0:28:07but now we have the assistance of CCTV.
0:28:09 > 0:28:13CCTV footage will be reviewed by the Police Ombudsman,
0:28:13 > 0:28:18who says he will pay particular attention to the Omagh police cases.
0:28:18 > 0:28:21I set up the team which is co-ordinating the complaints
0:28:21 > 0:28:24and co-ordinating the investigations into those complaints,
0:28:24 > 0:28:27and I will be reviewing those cases on an ongoing basis
0:28:27 > 0:28:30as a result of the interest that I've taken in relation to this.
0:28:32 > 0:28:37When we invited individual officers involved in the CCTV incidents
0:28:37 > 0:28:40and who are still on duty to take part in this film,
0:28:40 > 0:28:41the PSNI said they couldn't
0:28:41 > 0:28:44because of the Police Ombudsman's investigation
0:28:44 > 0:28:45and an internal review.
0:28:47 > 0:28:50But Dolores Kelly will be demanding immediate action
0:28:50 > 0:28:51be taken by the PSNI.
0:28:53 > 0:28:56I believe that the new chief constable has a job of work to do
0:28:56 > 0:29:00to send an investigating team into there to find out what exactly
0:29:00 > 0:29:04has been going on, both in terms of the actions of police
0:29:04 > 0:29:07during the disturbance and the subsequent preparation of files
0:29:07 > 0:29:08for the prosecution service.
0:29:08 > 0:29:11The policing board meeting is on the 5th of June,
0:29:11 > 0:29:15and I for one will be asking questions of Matt Baggott
0:29:15 > 0:29:19in relation to the investigation and behaviour of the officers concerned.
0:29:19 > 0:29:23So, many questions in this age of ever-present cameras.
0:29:23 > 0:29:27As a result of a judge rejecting some police evidence,
0:29:27 > 0:29:30there is now wider fall-out from the Omagh cases,
0:29:30 > 0:29:33including the extent to which public trust has been eroded.