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15:21 GMT, Friday, 10 October 2008 16:21 UK

Jury out on police performance

By Mark Simpson
Ireland correspondent, BBC News

Chris Ward What have the Omagh bombing, the Northern Bank robbery and the murder of Belfast man Robert McCartney got in common?

Apart from the fact that they were crimes which jeopardised Northern Ireland's peace process, they also remain unsolved.

Police investigations have all resulted in failed court cases.

A pattern has emerged with high-profile prosecutions falling apart, the most recent being the collapse of the trial of alleged Northern Bank robber, Chris Ward.

The junior bank employee was accused of stealing £26.5m from work. A trial which took three years to get to court ended within three weeks.

It could hardly have been more embarrassing for Northern Ireland's Public Prosecution Service (PPS), as the case collapsed even before the defence team offered any evidence.

Chris Ward's solicitor, Niall Murphy, described the case as a "Kafka-esque farce" and said what happened to his client should be seen in a broader context.

"There must be root and branch analysis of how some high-profile criminal cases are prosecuted," he said.

'Slapdash approach'

Among the other prominent cases which have failed recently was the attempted prosecution of the Armagh man accused of the 1998 Omagh bombing, Sean Hoey.

At the end of the case, the judge criticised the investigation and spoke of "the seemingly thoughtless and slapdash approach of police".

Then came the acquittal of Terence Davison, 51, who was accused of murdering Belfast man Robert McCartney.

The killing rocked the peace process back in January 2005, with claims that the IRA had been involved even though it was supposed to be on ceasefire.

Like the Omagh case, the trial was high-profile and expensive, yet ultimately a failure.

Inevitably, questions are being asked about the effectiveness of the police, and the role of the PPS.

Northern Ireland's chief constable Sir Hugh Orde - one of those tipped as a possible contender for the job as head of Scotland Yard - has turned down requests for interviews about the collapse of the Northern Bank trial.

"Growing up in Belfast during the Troubles, rule number one was 'whatever you say, say nothing'"


He may speak next week.

The crime figures for Northern Ireland are falling - but so too are the chances of getting caught.

While the crime-rate is lower than many other parts of Europe, less than 20 per cent of the crimes committed are solved.

And the failure of the high-profile cases is causing concern in some quarters.

In response, a PPS spokesperson said: "Every case is determined on its own facts.

"In both Hoey and Davison and others, the respective trial judges ruled at the end of the prosecution case that the evidence presented was sufficiently strong that the tribunal of fact, properly directed upon the law, could find the defendants guilty of the offences charged.

"In each case, the ruling of the trial judge was consistent with the PPS view that the decision to prosecute was correct."

There have been dramatic changes in Northern Ireland during the 15 years of the peace process, yet the past still casts a long shadow.

That is the reason why witnesses to crime are often reluctant to come forward to give evidence when a paramilitary group may have been involved.

Hostile environment

With the threat of a shady-looking man stopping you in a shop some day and whispering "We know where you live" in your ear, many people decide to keep quiet about what they saw or heard.

Growing up in Belfast during the Troubles, rule number one was: "Whatever you say, say nothing".

For many, the same rules still apply.

It is the same in parts of London and Manchester where police struggle to solve gangland crime due to a lack of witnesses.

Gathering evidence is never easy in a hostile environment.

Mind you, that is what police are paid to do, and witness protection schemes are becoming increasingly sophisticated.

In summary, it boils down to one simple question - should an inability to solve a high-profile crime be blamed on the police or the environment they're working in?

For some, the jury is still out.



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Related to this story:
Ward challenges Northern sacking (09 Oct 08 |  Northern Ireland )
£26m bank robbery trial collapses (09 Oct 08 |  Northern Ireland )
Omagh: 10 years on (15 Aug 08 |  Northern Ireland )
McCartney sisters in justice vow (27 Jun 08 |  Northern Ireland )
Spotlight on McCartney trial (27 Jun 08 |  Northern Ireland )
DNA test halted after Omagh case (23 Dec 07 |  UK )

RELATED INTERNET LINKS
Police Service of Northern Ireland
Public Prosecution Service
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