The Police Ombudsman was called in to investigate the death of an 18-year-old male from Belfast, who died after being knocked down by a police car as he crossed the city's Antrim Road at 1.50am on September 14 2002. The injured man was taken to the Royal Victoria Hospital, but was pronounced dead at 1.15pm that day.

Police Ombudsman investigators were alerted to the incident at 2.10am on September 14 and went immediately to the scene. Police officers had cordoned off the location pending their arrival.

Statements were taken from witnesses at the scene, who said they had seen what had happened. A statement was also taken from a man who had been arrested and was in the back of the police car that struck the 18-year-old. The police passenger in the vehicle also provided a statement.

A full forensic investigation was undertaken at the scene. The police driver was breathalysed and this showed that the driver had not been drinking.  Police Ombudsman investigators searched for and secured available video footage. A Family Liaison Officer was appointed to help and support the deceased man's family.

The police vehicle was removed from the scene and a full forensic examination undertaken.

The Police Ombudsman's Office later made a public witness appeal, through the media and to the local MP and MLAs.

Investigators interviewed the police driver of the car. He denied that the vehicle had been speeding. Investigators also interviewed the prisoner who had been in the back of the police car. He said the vehicle had not been travelling at speed and described what happened as a "freak accident."

Police Ombudsman investigators spoke with a total of 12 witnesses, comprising those who were at the scene and those who responded to the media appeal.

Three people said they had not seen the accident. Of the remaining nine people who had said they had seen or heard what happened, three said they could not assess what speed the police car had been travelling at when it hit the pedestrian. A fourth person said he had not seen the impact but had heard it: he said there was no screeching of brakes.

Three witnesses said that the police vehicle may have been speeding. The two remaining witnesses gave an account that the police vehicle was overtaking another vehicle at the point of impact, but were unable to say if the vehicle was travelling at excessive speed. They also stated, that having struck the pedestrian the vehicle travelled some distance and then reversed back from the point of impact.  No other witnesses say that the police vehicle was overtaking and no other witnesses say that the police vehicle reversed after the impact.

Police Ombudsman investigators secured and looked at all video footage in the area that night. None of the footage recorded the actual collision or the minutes leading up to it. (The video footage from a nearby club did record the young man who was knocked down outside its premises prior to the collision).

Police Ombudsman investigators found the police car resting in third gear. A full examination of the vehicle was undertaken.

A forensic examination of the scene did not reveal any "fixed points" from which an analysis could determine how the accident happened. There were no tyres marks to indicate where the police car was when it began to apply its brakes or where it was when it came to a halt. (This was due to the vehicle having been fitted with an ABS braking system).

Police Ombudsman investigators, however, tasked forensic officers to carry out a reconstruction of the scene using the vehicle in question and based on the varying witness statements.  The forensic scientists reported that given the variation in witnesses statements, they would estimate that the police car to have been travelling at a speed of between 29 and 45 mph.

Toxicological analysis of a blood sample from the deceased showed an alcohol level of more than two times the legal drink-driving limit. The autopsy report concluded that this could have produced a marked degree of intoxication.

Outcome of investigation

The fact that the deceased was struck by a police car and died is not disputed. The purpose of the Police Ombudsman investigation was to establish if there was any evidence that police officers had broken the law or their code of conduct in any of the events surrounding the death.

The Police Ombudsman has concluded that nine people gave very different and varying accounts of what they had seen and heard, particularly with regard to the speed of the police car, the point of impact and whether the police car stopped immediately or travelled on after the impact.

While some of the witnesses say that they believed the police car to be speeding before the incident, their accounts are at variance. Other witnesses including a prisoner who was in the vehicle, did not record any difficulty with the way the vehicle was being driven.

There is neither video evidence nor any forensic evidence that can establish beyond doubt any aspect of what happened. A forensic report, which suggests the car may have been travelling at a speed of between 29 and 45 mph is recorded only as "an estimation" based on the varying accounts provided by the witnesses and not drawn from "fixed points at the scene".

It is the view of the Police Ombudsman's Office that there is insufficient evidence to prove that police officers broke the law or breached the police code of conduct.

Police Ombudsman Mrs Nuala O'Loan concluded that the young man's death had been "a tragic and ill-fated accident".