PSNI officer cleared of sexual assault allegation after Police Ombudsman investigation
A Police Ombudsman investigation has found no evidence to support an allegation a police officer sexually assaulted a woman while searching her in February this year.
The alleged incident happened after the woman had been arrested on suspicion of theft in Co. Fermanagh. The Chief Constable asked the Police Ombudsman’s Office to independently investigate.
Footage from the officer’s body worn video camera showed him warning the woman, who was handcuffed and in the rear of a police car, that she would be arrested for assault if she tried again to headbutt him.
He then reached into the woman’s right coat pocket and removed some tablets, lighters and a mobile phone, at which stage the woman was verbally abusive and kicked out at him.
The officer advised the woman that she had assaulted him, after which she claimed that he had put his hand up her top and touched her breasts. The officer immediately responded, “no I didn’t".
Having reviewed the footage and relevant police documentation, the Police Ombudsman investigator said it was clear the officer had considered it necessary to immediately search the woman to ensure she was not in possession of anything that might pose a risk to herself or others.
“Although it would have been preferable for the search to have been conducted by a female officer, this was not immediately possible, and it was appropriate for a male officer to act in the interests of the woman’s welfare,” he said.
The woman later advised that the officer had not sexually assaulted her, although she said he may have inadvertently touched her breast while removing property from her jacket pocket. She added that she did not wish to make a complaint.
A file was submitted to the Public Prosecution Service, which agreed there was insufficient evidence to prosecute the officer. A subsequent misconduct review found no evidence to warrant any disciplinary or other action against him.
The PSNI said it welcomed the findings of the investigation.
In a statement on Thursday (September 10), Chief Superintendent Stephen Murray, head of the PSNI’s Professional Standards Department, said: “When concerns were identified in relation to this incident, the Chief Constable referred this matter to the Police Ombudsman for an independent investigation.
“We fully supported that investigation from the outset and recognised the harm these type of serious allegations can cause – and also the wider damage it can have to public confidence in policing. It is important that any reports of this nature are fully investigated.
“Police officers are often placed in difficult and challenging situations in order to keep people safe, as identified on this occasion in February.
“We welcome the outcome that the officer should not be prosecuted as there was insufficient evidence that an offence had been committed and also welcome the subsequent review which found there were no misconduct matters.
“The officer, as established within the findings of this investigation, acted correctly and did not breach our Code of Ethics.
“These situations can be extremely challenging for those making the allegations and those officers who are subject to those allegations, however, independent accountability is an important feature for policing in Northern Ireland.”