Police Ombudsman not to be prosecuted over alleged misconduct in public office

Northern Ireland’s Police Ombudsman is not to be prosecuted following an investigation into alleged misconduct in public office.

Marie Anderson was also investigated for the potential offence of perverting the course of justice following a domestic incident in Co Down in 2023.

Earlier this year, Ms Anderson announced she was taking a leave of absence due to “detracting commentary”.

It came following the conclusion of an independent investigation into events relating to an incident at a property linked to Ms Anderson in Holywood, Co Down, in 2023.

Police Service of Northern Ireland (PSNI) officers went to the property at about 6.30pm on Saturday September 23 2023 after a report of a domestic incident.

A man was arrested as part of the inquiry and later cautioned for common assault.

West Midlands Police were then tasked with investigating further aspects of the incident.

They concluded their investigation in June and a file of evidence was sent to the Public Prosecution Service (PPS).

On Thursday, the PPS announced it had taken the decision not to prosecute Ms Anderson.

They said after careful consideration of the file, it was concluded by prosecutors there was no reasonable prospect of conviction for any criminal offence.

Director of Public Prosecutions Stephen Herron said careful consideration was given to the submitted file.

He said: “This was a complex and sensitive matter which was given careful consideration by a team of senior prosecutors and highly-experienced independent senior counsel.

“This case has understandably generated significant public interest and speculation – much of which was factually inaccurate.

“The events of September 2023 that led to this investigation were undoubtedly difficult.

“The evidence shows that PSNI engaged with the ombudsman with care and sensitivity, and their investigation was conducted properly and in good faith.

“The central allegation in this case was that the ombudsman had misconducted herself in public office and/or attempted to pervert the course of justice through her interactions with police who were
investigating the incident referred to above.”

Mr Herron described the legal threshold for both offences as high.

He said: “In assessing whether the test for prosecution was met, prosecutors considered all of the relevant facts and circumstances including the particular context in which the interactions took place; contemporaneous records made by police in relation to what was said by her; and the evidence from senior police who spoke directly to the ombudsman during key stages of the relevant events.

“It was concluded that the evidence was insufficient to establish that the ombudsman was either acting or purporting to act as a public officer at the relevant times; or that she misconducted herself or attempted to pervert the course of justice through anything she said or did in response to police inquiries.”

PSNI Deputy Chief Constable Bobby Singleton said it had been an “extremely complex and challenging investigation”.

He said: “Where there are reasonable grounds to suspect the commission of criminal offences, it is the duty of police to investigate those matters.

“Police will make relevant inquiries, interview those with information, question suspects, and, in consultation with the Public Prosecution Service, either charge a person or submit a file to the PPS in relation to the investigation.

“This procedure was followed in this case.

“This was an extremely complex and challenging investigation and the difficulties that police encountered have been fully acknowledged by the Public Prosecution Service.

“I want to echo the comments of the PPS on the high standard of the police investigation. I also want to place on record my thanks to the independent investigation team from West Midlands and Greater Manchester Police for the professional and thorough investigation they conducted.

“The delays in progressing the case were beyond the control of the Police Service of Northern Ireland and the independently-led investigation team.

“Police of course have a duty to impartially investigate all potential crime without fear or favour and in accordance with the law, and we are committed to doing so. I have full confidence that those duties were discharged in this investigation.”