Police Ombudsman upholds misconduct finding after officer’s remarks captured on body-worn video

A Police Service of Northern Ireland (PSNI) officer has received management advice over his conduct after referring to a member of the public as “scum”, telling him he “punched like a fxxxxxx woman”, and failing to caution him during an arrest, a Police Ombudsman investigation has found.

The findings follow an investigation into an incident at a private address in County Antrim in August 2023, after police were called to the scene.

The complainant alleged that during his arrest he was sexually assaulted and that his arm was twisted by one of the officers involved.

However, Ombudsman investigators found no evidence to support these allegations after reviewing body-worn video (BWV) footage from the moment officers stopped the man on the street until he was placed in a police vehicle.

While the footage did not substantiate the claims of physical or sexual assault, it did capture an officer using offensive language. The recording showed the officer saying, “you punch like a fxxxxxx woman” and “you’re a fxxxxxx scumbag and you know it”.

The Police Ombudsman’s investigation concluded that this amounted to misconduct, finding evidence that the officer breached the Code of Ethics in relation to civility and professionalism.

The matter was referred to the PSNI’s Professional Standards Department, which determined that the officer should receive Management Action aimed at improving his conduct.

In addition, a file was submitted to the Public Prosecution Service (PPS) regarding a potential offence of perjury. The officer had stated in his duty statement that he cautioned the complainant at the time of arrest.

However, the body-worn video showed that no caution was given. Investigators described this omission as “notable”, highlighting that a caution is intended to ensure a member of the public fully understands their right to silence and the potential consequences of making comments following arrest.

The PPS ultimately directed that no prosecution should be taken, citing insufficient evidence.

Nevertheless, the matter was also referred to the Professional Standards Department as a breach of the Code of Ethics relating to accurate record keeping.

Senior Investigation Officer Martin McCaffrey said police officers are expected to uphold the highest professional standards regardless of circumstances.

“Police officers are expected to maintain the highest standards in accordance with their Code of Practice when dealing with members of the public irrespective of the circumstances. They are also expected to follow proper procedures ensuring that members of the public are afford their rights when arrested,” he said.

“Following an investigation by the Police Ombudsman’s Office the evidence showed that this officer failed to display the standards expected and he has been held to account for his conduct.”

In a statement issued on Tuesday 3rd February, the Police Service of Northern Ireland said it welcomed the findings of the Ombudsman’s investigation.

Chief Superintendent Stephen Murray, head of the PSNI’s Professional Standards Department, said:

“We welcome the Police Ombudsman office investigation into this matter as we expect all our officers to treat members of the public with professionalism and respect at all times.

“Where the conduct of an officer is alleged to have fallen short of these high standards, as identified in this case, it is right that officers should face an impartial, thorough enquiry by the Police Ombudsman’s office.

“As a result of this investigation, the officer was provided with management advice in respect to how he spoke to this member of the public and conducted the investigation.”

The case highlights the increasing role of body-worn video in police accountability, as well as the scrutiny applied to officers’ conduct and record-keeping when complaints are made.