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