Fresh legal action is being brought against the Police Service of Northern Ireland (PSNI) over the incident that led to Simon Byrne’s resignation as chief constable. An officer who was suspended following an arrest at a vigil for victims of a loyalist attack is taking the case, according to papers obtained by the BBC. Five people died in the attack at the Sean Graham bookmakers on Ormeau Road in 1992. Mr Byrne resigned last month after a judge ruled that the PSNI had acted illegally in taking action against two officers involved in the February 2021 incident. The decision had been influenced by a belief that Sinn Féin would withdraw its support for policing.
The papers lodged with the Belfast High Court relate to decisions taken after the officer’s suspension in February 2021. An officer was placed on restricted duties following the incident. The Police Ombudsman investigated and referred the constable for inernal disciplinary proceedings. However, a senior PSNI officer decided to take no further action after reviewing the ombudsman’s file. Mr Byrne allegedly intervened and ordered the probationary officer to attend a misconduct meeting, which was postponed by a separate judicial review case that considered the initial suspension.
The legal argument will allege that Mr Byrne’s intervention was biased based on his role in the initial suspension. It will also claim that Mr Byrne had previously indicated he would not involve himself any further in the case. The former PSNI chief constable will be notified of the case as an “interested party”. The PSNI responded that it would not comment on the case because of ongoing legal proceedings. The case was filed by an officer who has been granted anonymity by the court.
In August, a court found that the PSNI had disciplined the two officers involved in the 2021 incident to appease Sinn Féin. Mark Sykes, who was shot and injured in the 1992 attack, was arrested on suspicion of disorderly behaviour at the commemoration. Nationalist politicians said that the event was treated differently from another gathering three days earlier in east Belfast, which was described as a UVF “show of strength”. Police had decided to gather evidence and not to intervene at that gathering. Sinn Féin’s police spokesperson Gerry Kelly denied there was a threat to withdraw support for the PSNI
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