The actions of a still-serving PSNI officer in shooting dead the driver of a stolen car in Ballynahinch, Co Down more than five years ago were “critically flawed”, the North’s Police Ombudsman Al Hutchinson has reported.
Steven Colwell (23), a father of one, was shot dead in the stolen BMW car on Easter Sunday April 16th 2006. According to the ombudsman the stolen car “was facing the officer with its engine revving, in what appeared to be an attempt to escape a vehicle check point, having ignored the officer’s commands to stop the car”.
Mr Hutchinson said that while Mr Colwell’s actions were reckless, the police officer’s actions played “the greater part in the tragedy”. He had “grave concerns” that the constable was acting in such a role that day.
The report also detailed how a family related to the owner of the BMW contacted the police on Easter Sunday morning to say how they were following the stolen car towards Ballynahinch.
Mr Hutchinson reported that the first shot fired at the checkpoint went through the windscreen while the second shot went through the driver’s side window, with the first shot proving fatal. A post mortem found that Mr
Colwell had taken ecstasy and a tranquilliser which “could have affected his ability to control” the car.
While many of 30 public witnesses supported the police action Mr Hutchinson found that the officer "escalated” the situation at an early stage by drawing his gun: “Having found himself directly in front of the
vehicle with his handgun drawn, the police officer chose to stand his ground, aim his pistol directly at Steven Colwell and shout for him to stop
the car. His decision to remain in that position allowed little or no room for an alternative outcome in the event that Mr Colwell failed to comply with these instructions,” he said.
The ombudsman also judged that the decision by the three police officers involved to establish a vehicle checkpoint at that time and place was “high risk and ill considered”.
Mr Hutchinson also referred to how the officer mounted a successful legal challenge to prevent the then chief constable Sir Hugh Orde releasing information to his office. He said he was unable to establish to what extent, if any, his “medical history or previous conduct impacted on events”.
“As a result of the information we gathered during our investigation, I had grave concerns about the appropriateness of this officer’s deployment as a front line response officer that day,” he said.
The PSNI said it deeply regretted the “tragic death of Mr Colwell” and would closely study the ombudsman’s report. Police confirmed the officer is still serving. Since the shooting the PSNI has introduced new procedures in relation to the suitability of officers to hold firearms.