A POLICE Ombudsman investigation has identified ‘multiple failings’ in how the PSNI managed the risks faced by a Short Strand man who died after being restrained by officers.
Gerard McMahon (36) died in hospital on 8 September 2016, 14 hours after being handcuffed and restrained in a face down prone position by police officers.
Police had responded after being alerted to an altercation between Mr McMahon and taxi drivers near the Grand Opera House in Great Victoria Street. Two officers were disciplined for failing to summon an ambulance more quickly after becoming concerned for Mr McMahon’s health. He later suffered a cardiac arrest.
One of those officers was also disciplined for discharging CS Spray at Mr McMahon while the officers were attempting to restrain him. The officer’s two colleagues were also affected by the spray.
Police Ombudsman, Mrs Marie Anderson has expressed disappointment that the PSNI decided not to implement a number of other disciplinary recommendations made following enquiries by her office. These related to the way in which Mr McMahon had been handcuffed and restrained, and a delay in officers administering cardio-pulmonary resuscitation (CPR).
Although Mrs Anderson recognised that the three officers involved in Mr McMahon’s restraint had made determined and extended efforts to save his life, she said her enquiries had identified a series of concerns. She recommended that all three should face misconduct hearings which would have allowed “the evidence to be tested and the full range of disciplinary sanctions to be considered.”
She described as “unsatisfactory” the PSNI’s decision not to hold misconduct hearings as recommended, to implement disciplinary sanctions against only two officers in relation to only some of the identified failings, and to take no action against the third officer.
However, she welcomed “a positive response” from the PSNI to recommendations for changes in police procedures as a result of lessons learned during her investigation.
In a statement, the family's legal representatives said Mrs Ellen McMahon, mother of Gerard McMahon, has welcomed the completion of the Police Ombudsman investigation into the circumstances of the death of her son.
"These findings are very detailed and the McMahon family will digest its contents over the next few days," said Pádraig O Muirigh of Ó Muirigh Solicitors.
"However, it is clear that the Police Ombudsman has identified multiple failings by the PSNI in this tragic incident."
Sinn Féin MLA Gerry Kelly said: “The death of Gerard McMahon was tragic and it is clear lessons must be learned by the police.
“I welcome that the police have changed procedures in an effort to prevent this ever happening again. However it is disappointing that the PSNI has chosen not to fully implement all recommendations made by Police Ombudsman Marie Anderson. The recommendations made by the Police Ombudsman should have been implemented in full.
“My thoughts are with the family of Gerard McMahon, during what will be a very difficult time for them, as this report is published.”
