THE Police Ombudsman has found an officer did not act with "sensitivity" when he intervened at a memorial event on the Ormeau Road during Covid restrictions.

The incident occurred outside Sean Graham's bookmakers in South Belfast in 2021.

A small crowd had gathered to mark the 29th anniversary of the murders of five Catholic men and boys in a loyalist gun attack in February 1992. Nine others were injured. Those who died were Christy Doherty (52), Jack Duffin (66), James Kennedy (15), Peter Magee (18) and William McManus (54).

During the memorial event, Mark Sykes, who was a survivor of the attack, was arrested and put into handcuffs by police, but released around 90 minutes later.

Following an investigation, Police Ombudsman, Marie Anderson said: “Given the restrictions on gatherings which were in place under the Covid Regulations at the time, I am satisfied that there was reasonable justification for PSNI to have attended the scene. 

“However, after examination of all relevant evidence, including radio transmissions, body worn video and other video footage of the incident, I was of the view that the arresting police officer had not responded to the unfolding events in line with an order to treat the gathering with sensitivity.

“I also considered whether the man’s arrest for disorderly behaviour and his handcuffing should be the subject of criminal and disciplinary proceedings.” 

PSNI Chief Constable Jon Boutcher said the organisation will learn from the case.

“It is important to say that, first and foremost, I recognise the continuing distress being felt by all of the families of those killed and injured at Sean Graham Bookmakers on 5th February 1992 and want to acknowledge the pain and suffering that they all continue to feel," he said.

“The commemoration event in 2021 took place during Covid-19 when restrictions on gatherings were constantly changing. Following her investigation, the Ombudsman submitted a file to the Public Prosecution Service and they directed no prosecution on any of the officers involved. Our internal processes have also concluded with no action required for the officers.

“As an organisation we are committed to learning from this case and have accepted the recommendations made by the Ombudsman. We have already commenced updating our training, policy and procedures to ensure that incidents of a similar nature do not occur again.”

Sinn Féin MLA Deirdre Hargey welcomed the publication of the report.

“The PSNI should now accept and fully implement all three recommendations from this report," the South Belfast MLA said. "Sinn Féin will continue to stand with Mark Sykes and all victims and survivors of the Ormeau Road Bookmakers atrocity.”