The Police Ombudsman has found that the PSNI used reasonable and justified force when a single Attenuated Energy Projectile (AEP) was used during rioting in Lurgan on 29 January 2011.
Police came under attack near the town's Kilwilkie estate as they mounted a security operation to allow an Army Technical Officer to deal with a suspect device which had been found at Antrim Road.
Given previous disorder in the area, combined with intelligence reports that an attack on police might be imminent, police units were authorised to carry AEP guns during the operation. They were also directed, if possible, to remain in their vehicles.
As police were setting up cordons and asking local residents to leave their homes to allow the security operation to take place, a group of youths began to gather at the railway crossing at Lake Street.
Train line closed due to rioting.
At about 4pm, some of these youths began to throw stones at the police. Around 10 to 15 youths were involved. Police contacted Northern Ireland Railways and the nearby train line was closed.
At about 4.30pm four police Land Rovers took up position across Lake Street and within five minutes they had come under petrol bomb attack. Attempts to disperse the rioters using the police Land Rovers failed and the attacks intensified.
Police could not deploy on foot, nor withdraw given the ongoing security operation, and at 4.39pm the police Silver Commander gave permission for officers to deploy AEPs. This authority was withdrawn at 4.45pm as the attacks began to reduce.
A police helicopter reported that masked youths were preparing petrol bombs.
However, at 5.05pm police units reported heavier stoning and at 5.17pm paint bombs were thrown at police units. Four minutes later, a police helicopter reported that masked youths were preparing petrol bombs in the Kilwilkie estate and these were then being brought towards Lake Street.
At this stage the police Bronze Commander again sought permission to deploy AEPs, and this was granted by the Silver Commander. By 5.30pm police were being attacked by a crowd of around 30 people who were throwing stones, bottles and petrol bombs.
By 5.49pm police were being attacked at close range and the Bronze Commander sought permission to use AEPs against identified rioters. This was granted.
At 5.50pm a police Land Rover had to withdraw to have flames doused after being hit by a petrol bomb.
At 6pm, after the intensity of the attacks had eased, the order to engage identified rioters was withdrawn, but it was reinstated at 6.12pm when the attacks again intensified.
Shortly after, a male wearing a balaclava walked towards police lines with a lit petrol bomb in his hand. As he pulled his arm back, an officer discharged an AEP round, which struck the man on the upper right thigh. The man then limped back into the crowd.
Only one more petrol bomb was thrown after the discharge of the AEP round. At around 6.20pm the suspicious object was declared a hoax. The crowd began to disperse and at 6.25pm the authority to engage rioters was withdrawn.
By 7.08pm calm had returned to the area and permission to use AEPs was withdrawn. Police then left the area at around 7.20pm, by which stage up to 30 petrol bombs had been thrown and six police vehicles had sustained damage.
As with all instances of firearms use by police in Northern Ireland, the incident was referred by the PSNI to the Police Ombudsman for independent investigation.
Police Ombudsman investigators obtained all police documentation relating to the discharge, as well as CCTV footage captured by the police helicopter.
The helicopter had recorded footage from its arrival at 4.39pm until 5.33pm when it had to leave for refuelling. It returned later, but not until after the AEP round had been discharged.
The footage which was captured from the helicopter did, though, support police accounts of the disorder during that period.
Police radio transmissions were also reviewed, and these showed that authority to carry, deploy and use AEPs had been properly given. In addition, the police Armoury Register showed that the officer who discharged the AEP round had been issued with 12 rounds, and returned 11 after the operation.
Witness enquiries in the area, and a subsequent media appeal, failed to identify any additional witnesses.
Having considered the evidence, the Police Ombudsman, Al Hutchinson, found that the use of the AEP round had been justified given the degree of violence which had been directed at officers.
Crowd dispersed shortly after use of baton round.
He also noted that the use of the weapon had been effective as the crowd had dispersed shortly afterwards.
However, Mr Hutchinson also criticised the failure by the PSNI to appoint a Post Incident Manager (PIM), whose role would have been to facilitate the Police Ombudsman investigation so that officers would not be required to be formally interviewed in the immediate aftermath of an incident.
He noted that despite previous recommendations that PIMs should be deployed after AEP discharges, this was still not happening on every occasion. He therefore recommended that senior officers involved in incidents involving AEP discharges should be reminded that PIMs should be deployed in such circumstances.