The Police Ombudsman has found that police were justified in discharging six Attenuated Energy Projectiles (AEPs) during serious rioting following an event to mark the closure of Mountpottinger PSNI station in east Belfast in 2009.
The trouble began when some people who had joined a peaceful Nationalist rally to mark the closure of the station on 31 August 2009 began throwing stones, damaging property and assaulting people.
Two youths were reported to have climbed onto the former police station, attempted to damage CCTV cameras and tried to get into the building through its upper windows.
Missiles were also exchanged between rival Nationalist and Loyalist crowds which had gathered on either side of the Albertbridge Road interface.
Following meetings with community representatives, police were expecting a peaceful event and had only one public order unit on duty.
Police, who had met with representatives of the Nationalist community in the Short Strand area in the run up to the event, had planned on the basis of those discussions for a peaceful event and had only one public order unit, comprising six crewed Land Rovers, on standby in the area.
Following the initial outbreaks of violence, officers spoke to community representatives but attempts by these representatives to encourage the crowds to disperse were unsuccessful.
The PSNI public order unit subsequently came under sustained attack from violent elements of the crowds. Some people on the Nationalist side were reported to be breaking up paving stones and throwing them at police vehicles.
Police also reported that some members of the rival Nationalist and Loyalist crowds were armed with golf clubs, baseball bats, hurley sticks, masonry and other missiles.
Police used a PA system to warn that force would be used if the crowds did not disperse. Police vehicles were being heavily damaged and police on the ground informed the police control room that they could not leave the area as their exit was blocked by crowds and they also feared allowing the rival sides to directly confront each other should they leave.
At around 9pm the PSNI's local area Duty Officer spoke with the Duty Assistant Chief Constable to inform him of the situation and to request that AEP systems be issued as a tactical option. The ACC authorised the request.
Rioters were climbing onto police vehicles.
At 9.15pm police set up a Command Room which allowed them to monitor the situation on CCTV. Air Support was also tasked. By this stage some rioters were climbing onto the police Land Rovers and it was obvious that the use of the vehicles alone was failing as a crowd control measure.
Shortly before 9.30pm police closed the Albertbridge Road to traffic and pedestrians. Attempts were also made to contact local representatives to seek their assistance in stopping the violence, but none were contactable.
Evidence was received that the disturbances at this time represented a serious threat to the officers on the ground. People were also seen attacking each other with metal bars and damaging property.
By 9.35pm, the police Silver Command believed that there was an imminent possibility of serious injury or loss of life. Police did not have access to watercannon, and with only one public order unit in the area the deployment of officers with shields was not an option.
Authorization was then given for the use of AEPs, though only after a warning was issued. Police used PA systems mounted on a Land Rover and a helicopter to warn the crowds that AEPs would be used if they did not disperse.
The first AEP was discharged at 9.38pm, and a further five were later discharged by the same police officer, all from the side portholes of a police Land Rover. Targets were identified for the gunner by an assistant.
Police records indicate that each round struck its target, and each was recorded as striking the person targeted in the area of the lower body.
The use of AEPs contributed to a reduction in the scale of violence.
Evidence, including the statements of police officers, CCTV footage and radio transmissions, indicates that the use of AEPs removed the immediate threat to officers and contributed to a reduction in the scale of violence.
Serious disorder continued but the numbers involved were reduced and the violence became less intense and more sporadic. By 1.30am the area was quiet and Silver Command was stood down.
Having examined the evidence of the case, the Police Ombudsman, Mr Al Hutchinson, concluded that the use of AEPs had been justified, proportionate and necessary.
"It is clear from the damage sustained by the police vehicles, and from CCTV footage, that police had come under sustained attack throughout the incident. The police in attendance were only able to restore order following the use of AEPs," said Mr Hutchinson.
He added that the available evidence indicated that police were adequately resourced to deal with what was anticipated would be a low level street event.
"The police had no information to indicate that serious street disorder would occur," said Mr Hutchinson. "The indications prior to the 'Public Meeting' were that it was to be peaceful. It appears that police prepared for the event on that basis.
"If other police units had been available in the area, it is likely that order may have been restored more quickly, and less damage caused by the disturbances."
However, he said an immediate call was made for the deployment of additional police resources to the scene of the disorder. "This request was dealt with appropriately and further resources were deployed as soon as was practicable.
"Police at the scene were placed at considerable risk and it is fortunate that those involved in the rioting did not gain access to police vehicles to inflict serious injury to the officers inside. The situation was ultimately brought under control by the PSNI."
Mr Hutchinson concluded that police had followed all legal and procedural protocols during the incident and had complied with PSNI guidelines for the use of AEPs.