Police Ombudsman investigators were entitled to arrest PSNI officer after young woman's road death near Toome, court rules
Police Ombudsman investigators were entitled to arrest a PSNI officer after a 19-year-old woman was knocked down and killed near Toome, the High Court has ruled.
A judge granted the watchdog body’s appeal against being ordered to pay the acting sergeant damages for alleged unlawful detention over circumstances surrounding the death of Shannon McQuillan.
Lord Justice Colton held there were reasonable grounds to arrest him on suspicion of gross negligence manslaughter and misconduct in public office.
Ms McQuillan, from Dunloy, died after being struck by a van on the Moneynick Road early on January 20, 2018.
Her boyfriend, Owen McFerran, from Rasharkin, sustained “catastrophic” injuries.
Three PSNI officers and ambulance crew members had left them alone at a nearby bus shelter earlier that morning.
Police first encountered the couple in an intoxicated state at a car park outside a Magherafelt nightclub, the court heard.
Ms McQuillan had fallen a number of times in icy conditions and was described as being initially unconscious.
Paramedics attended and moved her into an ambulance to be taken to Antrim Hospital, accompanied by Mr McFerran.
Due to concerns about Ms McQuillan’s behaviour, the crew requested police assistance on the journey.
But as she remained in an agitated and aggressive state, the ambulance pulled into a lay-by on the Moneynick Road where the couple were told to get out.
The direction was allegedly issued by the plaintiff, then an acting PSNI sergeant most senior officer at the scene.
The couple were left at a well-lit bus shelter to be collected by family, however, a motorist collided with them a short distance from where they had been left.
Ms McQuillan was killed while Mr McFerran sustained life-changing injuries.
In August 2025, a Police Ombudsman report found the officers had breached their duty of care.
At one point during the investigation, the plaintiff was arrested in June 2019 on suspicion of gross negligence manslaughter and misconduct in public office.
He attended for a voluntary interview earlier that day, but declined to remain or co-operate amid claims there was an “anti-police agenda” to the probe.
Ultimately, the officer was not prosecuted for any criminal offence, but received a written warning for five breaches of the PSNI’s code of ethics.
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In a separate move, he sued the Police Ombudsman over the decision to detain and question him for a six-hour period under Police and Criminal Evidence (Northern Ireland) Order 1989 (PACE) regulations.
A County Court judge ruled in November 2024 his arrest was unlawful and awarded damages of £3,750.
Lawyers representing the Ombudsman appealed the verdict based on an interpretation of PACE requirements for the detention of a suspect.
Lord Justice Colton held that the investigating officer who made the arrest had the necessary subjective suspicions which met the legal test.
“There were reasonable grounds for arresting the plaintiff on suspicion of the offences of gross negligence manslaughter and misfeasance in public office,” he said.
He also found it had been necessary to detain the acting sergeant at the time.
“It is abundantly clear the plaintiff would not remain for further questioning and was withdrawing his cooperation from the investigation,” the judge added.
Allowing the Ombudsman's appeal, he confirmed: “The court considers the investigating officer was plainly entitled to arrest the plaintiff in order to progress the investigation.”