The Police Ombudsman has found that a police officer was justified in firing a shot at the driver of a car just before it knocked her down.
The incident happened in the Summerhill Drive area of Twinbrook, west Belfast, shortly after 11.50pm on 2 May 2009.
Police had commenced a pursuit of the car, a red Peugeot, after seeing the driver perform a handbrake turn and driving away at speed.
The pursuit was called off less than a minute later when police lost sight of the vehicle. However, a second police patrol in the area heard police radio transmissions about the incident and moved to take up a position at which a stinger device could be deployed to burst the car's tyres.
Car mounted footpath and struck a streetlight before colliding with police car.
The patrol stopped at the junction of Summerhill Drive and Thornhill Court, but before they could deploy the stinger the Peugeot drove around a bend on Summerhill Drive at speed. The driver appeared to lose control and the vehicle mounted a footpath and struck a streetlight before careering along the footpath and colliding with the police car.
The driver then reversed before driving again towards the police car as the three officers inside tried to exit the vehicle. After getting out of the car one of the officers, Officer A, found herself in the path of the oncoming Peugeot.
Officer carried on bonnet of car before falling and hitting her head.
She withdrew her police issue firearm and shouted a warning for the driver to stop, but he failed to do so or to alter his path. Officer A then fired one shot which struck the car's bonnet. The car continued on its path and collided with the police car before striking Officer A, who was thrown onto the bonnet and carried for a short distance before falling off and striking her head against the rear of the police car and then the ground.
The Peugeot then reversed towards where the injured officer was lying on the ground. It stopped close to her head and then moved a short distance forward before the driver got out and ran off. Police gave chase but were unable to catch him.
A quantity of white powder found in a self seal bag close to the Peugeot was found to contain an amphetamine-based substance.
In line with standard protocol, the Police Ombudsman's Office was informed about the discharge of the officer's firearm and began an investigation of the circumstances.
The scene was mapped, photographed and examined by a forensic scientist and a 3d video reconstruction was recorded. Relevant police documentation and radio transmissions were obtained and reviewed, and accounts were obtained from the officers involved. The radio transmissions were consistent with these accounts, and also showed that the police pursuit of the Peugeot had been properly authorised.
Trajectory of bullet matched police account of events.
Enquiries also established that Officer A was fully trained in the use of her firearm and authorised to carry it at the time of the incident. A cartridge was found in the Peugeot's windscreen channel, as well as a bullet hole in the vehicle's bonnet. The trajectory of the bullet which caused it matched the police version of events.
Paint samples recovered from the damaged streetlight and a police car also tallied with police accounts of the way the Peugeot had been driven.
The Police Ombudsman submitted a file of evidence on the case to the Public Prosecution Service, which subsequently directed that Officer A should not be prosecuted.
Having reviewed the evidence of the case, the Police Ombudsman concluded that Officer A's life had been threatened by the manner in which the Peugeot had been driven. The circumstances of the incident removed any opportunity for her to attempt other means of protecting herself, such as moving out of the way or using her baton or CS Spray.
He concluded in the circumstances that the use of the firearm had been lawful and proportionate to the threat posed to Officer A.