FORENSIC
INVESTIGATIONS
On 27 October 1982, three police officers namely, Sergeant Sean Quinn, Constable Allan McCloy and Constable Paul Hamilton were murdered in an explosion at Kinnego Embankment, Oxford Island, near Lurgan, County Armagh.
This attack was carried out by the Provisional IRA.
In November and December 1982, six men were killed and one injured in three shootings involving police officers. This series of shootings became known as the Stalker/Sampson cases or also as the "Shoot to Kill" deaths.
In September 2014 the conviction of Martin McCauley, a case linked to the aforementioned incidents, was overturned following a referral to the Court of Appeal made by the Criminal Cases Review Commission (CCRC).
In allowing McCauley's appeal, the Lord Chief Justice stated that the destruction of a recording of the relevant events and the misleading of the OPP by the Security Service and the RUC "amounted cumulatively to grave misconduct".
This overturning of McCauley's conviction together with the identification by the CCRC of new information relating to the circumstances in which the recording was destroyed led to a referral to the Chief Constable by the Director of Public Prosecutions (OPP) under Section 35(5) of the Justice (Northern Ireland) Act 2002. This referral highlighted potential criminality on the part of suspects not investigated as part of the previous Stalker/Sampson Inquiry and of potential further criminality, involved the misleading of the OPP, on the part of one of the previously reported suspects. The Chief Constable of the PSNI then asked the Chief Constable of Police Scotland to carry out a full investigation into these matters. The allegation of misleading the OPP by a former police officer was similarly referred to the Office of the Police Ombudsman for Northern Ireland under Section 55(4A) of the Justice (Northern Ireland) Act 2002.
The Operation Klina investigation subsequently provided an interim report to the Chief Constable of the PSNI in December 2018. This report contained a number of observations which the Operation Klina team had identified as being outside of their Terms of Reference, but which might properly be considered for potential further investigation.
These observations included the existence of outstanding investigative opportunities for the murder of the three RUC officers at Kinnego; a failure to disclose information within the RUC which may have assisted the investigation; the conduct of senior officers in their assistance to the Stalker/Sampson investigations; and the potential criminal conduct of another person connected to these incidents.
Some of these matters will fall outside the remit of the PSNI and responsibility for investigation will rest with the Office of the Police Ombudsman for Northern Ireland (OPONI). The Ombudsman has already indicated that he intends to commence an investigation into the police conduct around the Kinnego Embankment incident in 1982.
a) Any matters falling outside these parameters will be brought to the attention of the Chief Constable of the PSNI by Chief Constable Jon Boutcher (Retired) for consideration. The Chief Constable of the PSNI will, if necessary, consult with the OPP or the Police Ombudsman as to the appropriate basis on which to address these additional matters.
The Operation Turma investigation team will have access to the information held by the Office of the Police Ombudsman that relates to the Operation Turma criminal investigation through a Memorandum of Understanding between Chief Constable Jon Boutcher (Rtd) and the Police Ombudsman. There will be regular liaison between the Operation Turma investigation team and the Police Ombudsman. The aforementioned Memorandum of Understanding will also provide the framework for the working relationship between the two parties.
The functions of the Police Service are set out in Section 32 of the Police (Northern Ireland) Act 2000, which states:
The Chief Constable will ensure that mechanisms are in place to update the DPP as to the progress of the investigation.
The Chief Constable of the PSNI has asked for the assistance of Chief Constable Jon Boutcher (Rtd) the officer in overall charge of the investigation (OIOC) to lead an external investigation team to carry out an investigation in response to the areas identified below.
The OIOC will lead the investigation and appoint a Senior Investigating Officer and the investigation team. The OIOC will have the full delegated authority of the Chief Constable of the Police Service of Northern Ireland to direct the investigation.
This external investigation team will be gathered from across UK law enforcement services. It will not include personnel who are serving in or have previously served in the Royal Ulster Constabulary, Police Service of Northern Ireland, Ministry of Defence or Security Services.
The investigation team will carry out their investigation by virtue of Section 98(1) of the Police Act 1996 and thus, will have all the necessary powers and privileges of police officers of the Police Service of Northern Ireland, to ensure an effective investigation is carried out. The team will be based in Great Britain and will carry out enquiries in Northern Ireland as necessary.
Appropriate funding will be identified and allocated to OIOC for conduct of this inquiry.
Any future investigation will be required to report matters to the PPS in line with current PSNI/PPS protocols -
Police officers in the external investigation team operating under Section 98(1) of the Police Act 1996, will be subject to the jurisdiction of OPONI by agreement between the Police and Crime Commissioner for their host Police force, and OPONI.
Police staff in the external investigation team may be delegated with appropriate powers as required, by virtue of Sections 30 and 31 of the Police (NI) Act 2003 and will be subject to the jurisdiction of OPONI as set out in Section 34 of the 2003 Act and subsequent enactments thereto.
It is recognised and acknowledged that the Northern Ireland Policing Board plays a vital role in overseeing policing and in securing accountability and public confidence.
This investigation is being carried out independent of but on behalf of the Police Service of Northern Ireland. The Chief Constable of PSNI will retain responsibility for and accountability to the Northern Ireland Policing Board (NIPB) for the effective conduct of this investigation.
Chief Constable Jon Boutcher (Rtd) is contractually accountable and is expected to act in accordance with the PSNl's code of ethics, provide appropriate briefings and attend meetings as required by NIPB with the Chief Constable and/or his delegate.
The PSNI intends that the inclusion of these elements of the terms of reference indicate the critical importance of the accountability arrangements in securing public confidence in this investigation.
The Office of the Police Ombudsman for Northern Ireland (OPONI) is the body with responsibility for investigation into complaints against former or serving Police Officers of the PSNI or, formerly, the RUC. Thus OPONI will require to be informed as to any identification of potential criminality and/ or misconduct by police officers arising from these matters.
Police Officers in the external investigation team operating under Section 98(1) of the Police Act 1996, will be subject to the jurisdiction of OPONI by agreement between the Police and Crime Commissioner for their host Police force, and OPONI.
Police staff in the external investigation team will be subject to the jurisdiction of OPONI as set out in Section 34 of the 2003 Act and subsequent enactments thereto.
In accordance with current legislative and policy requirements, OPONI will require to be informed as to any identification of potential criminality and/ or misconduct by police officers arising from the investigation.
It will be the role of the OIOC, to develop a Communications and Media Strategy for the investigation. The PSNI remains available to provide assistance with this and with community impact assessments. Family Liaison policy will be the exclusive responsibility of the investigation team.
The OIOC will seek to establish an Independent Steering Group and a Victims Focus Group to provide a critical friend function as regards the conduct of the investigation and to guide the investigation team regarding the support and information to be provided to the families of victims.
This website has been established to provide general information regarding the investigation that is capable of being placed in the public domain.
The OIOC will be responsible for the development and maintenance of an effective family liaison strategy. This strategy will ensure open engagement with families to ensure they are aware of the progress of the case. This approach will be based on an approach of ensuring that, so far as is feasible, families are able to have any queries answered in a fulsome and transparent manner.
Any legal advice required by the investigation team will be commissioned independently by the investigation team under the direction of the OIOC.
The Chief Constable of the PSNI will be regularly updated as to the progress of the investigation but will not seek to direct or control, or in any way interfere with the investigation.
As previously stated the Chief Constable of the PSNI remains accountable to the Northern Ireland Policing Board for the conduct of the investigation and if required, the OIOC will accompany senior members of the PSNI to brief the Northern Ireland Policing Board.
The OIOC will be responsible for the delivery of the final reports through the Chief Constable of the PSNI to the OPP. These can include a file with prosecutorial recommendations for the consideration of the Director.
The PSNI will provide access to all information requested by the investigation team. A Memorandum of Understanding will be provided to underpin this agreement between the OIOC and the Chief Constable of the PSNI.
The PSNI will be responsible for financial support to all elements of the investigation. The Chief Constable of the PSNI reserves the right to keep all costs under review and to agree reasonable financial parameters for the discharge of the investigation.
The PSNI will agree a Memorandum of Understanding with the relevant police forces regarding the employment model for seconded police officers and staff for [Operation Turma]. This will include setting out the payment and monitoring of all invoices and any other logistical requirements.
The Assistant Chief Constable (Legacy and Legal Department) has been appointed as the PSNI Single Point of Contact (SPOC) for the investigation team, and will provide all assistance as necessary to ensure that OIOC receives the logistical and organisational support necessary to discharge his responsibilities. The PSNI will supply the investigation team with any additional operational support required for the investigation as requested by the OIOC.
At the conclusion of Operation Turma or any related criminal proceeding a public report will be prepared by Chief Constable Jon Boutcher (Rtd) for publication by the Chief Constable of the PSNI.
This report will set out the general narrative of the investigation and findings which have been reached as a consequence there of. It will also seek to identify any learning which is applicable to contemporary policing.
This Terms of Reference will be subject to review as required by the Chief Constable of the PSNI and OIOC.