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PSNI Chief Constable Simon Byrne has been accused of infuriating rank and file officers with his comments following a marathon meeting with a police oversight body about a court ruling regarding a controversial disciplinary decision.
The High Court found that two junior officers were unlawfully disciplined by the force for making an arrest at a Troubles commemoration event in Belfast in 2021. Mr Justice Scoffield said the sanctions were issued to allay any threat of Sinn Féin abandoning its support for policing in Northern Ireland.
Mr Byrne’s almost seven hour meeting with the Policing Board came to a close on Thursday evening when a legal issue, which board members said they could not comment publicly on, arose.
Afterwards, Mr Byrne said he had told the board that “after carefully reviewing” the judgment about the disciplinary decision “the question of an appeal is now live” and “further public commentary around this matter is not appropriate at this stage”.
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The Police Federation for Northern Ireland (PFNI) said his comments had provoked anger among police officers, who are due to decide next week on whether to hold a no confidence vote in the chief constable.
A DUP MLA said the party had not changed its position in calling for Mr Byrne’s resignation following the meeting. Earlier, DUP leader Jeffrey Donaldson said it was “time for change” at the top of the PSNI.
Unjustified action
Unionists have accused Mr Byrne of taking unjustified action against the officers to placate republicans, but Sinn Féin has denied there was any threat to withdraw support for policing as a result of the arrest.
Mr Byrne was already facing questions over a major data blunder which led to personal details of PSNI officers entering the public domain and getting into the hands of dissident republicans. He said “I’m not resigning” when asked about his position following the meeting on Thursday.
Asked if he retained the confidence of the Policing Board, Mr Byrne said: “That is a matter for the Policing Board.”
PFNI chairman Liam Kelly described the Chief Constable’s comments about an appeal of the court ruling “hugely disappointing and unexpected”. He said rank and file police had once more been left feeling “infuriated” and “antagonised”.
“He has previously publicly accepted the (judicial review) ruling, but now has gone volte face and is considering appealing it,” Mr Kelly said, adding that the officers involved were again being treated with disdain.
“If he does appeal, we expect he will use the PSNI budget which is already stretched to breaking point. In effect, he would be appealing against his own actions against his own officers, dragging this matter out both internally and externally.
The PFNI’s executive central committee is due to hold an extraordinary meeting next Wednesday where it will discuss whether to call a no confidence vote.
‘Extremely angry’
Mr Kelly said he had not intended to speak publicly before the meeting but “such is the outrage that has been expressed by the rank and file, on behalf of the two officers and my colleagues, I feel I have no other option but to call it out – in short I am disgusted, disillusioned and extremely angry”.
Several Policing Board members emerged after the lengthy meeting to state that a legal issue had arisen during discussions. Its chairwoman, Deirdre Toner, said members had asked for clarity on matters raised in the judgment about an incident “deemed to be critical for policing”.
“After today’s discussions it has become clear that there are now legal issues that the board needs to consider and receive advice on,” she said.
DUP MLA Trevor Clarke said the legal issue had not been on the board’s “radar” to the “extent that it became evident in the meeting”. Asked what the legal issue was, Mr Clarke replied: “That would be a better question for the chief constable, given that it’s his issue. I think we need to give him space to explore what those options are on the basis of that.”
He said his position that Mr Byrne should resign as chief constable of the PSNI “has not changed”.
Did not threaten
Sinn Féin Policing Board member Linda Dillon said it was made clear by her party during the meeting that it did not threaten to withdraw support for policing over the commemoration arrest.
The incident happened on the Ormeau Road in February 2021 during a service marking the anniversary of the February 1992 Sean Graham bookmakers attack, in which five people were murdered. The two officers faced action in 2021 after the arrest of Mr Sykes, a survivor of a loyalist gun attack on the bookmakers in south Belfast.
The incident unfolded when police challenged people attending the event amid suspicions that the size of the public gathering breached coronavirus regulations. Mr Sykes was handcuffed and arrested in chaotic exchanges captured on social media. The incident triggered a major controversy at the time and sparked criticism of Mr Byrne.
Mr Byrne apologised for the PSNI’s handling of the event at the time, and it was announced that one officer was to be suspended and one repositioned.
Ms Dillion added: “I still stand over what we said at the time that the treatment of Mark Sykes, the arrest and how that unveiled on the day, him a victim himself and the families that were there at a commemoration, was appalling.” - PA