Police errors led to 'case failure'

The Police Ombudsman has found that investigative errors and a lack of police officers in Larne on the evening of October 23 2002 led to significant failings in the police investigation of an attempted murder case.

Only seven police officers were on duty in the Larne District Command unit, when local man Gerald McRandal was seriously assaulted.

Two men were subsequently charged with his attempted murder, however, their trial collapsed in January 2004, after eight witnesses withdrew statements, and the failure of a police officer to disclose an unofficial notebook she had used on the night of the attack.

Commenting today, Police Ombudsman, Nuala O'Loan, said: "While many aspects of the police investigation were conducted with due rigour, the initial police response was inadequate and a number of serious investigative errors occurred.

"In particular, the failure to cordon off and protect the scene following the attack was a major failing and rendered any evidence from the scene virtually worthless.

"This was compounded by the fact that police failed to inform defence solicitors about an unofficial notebook containing information central to the case.

"It is clear that while these investigative failures did not on their own cause the collapse of the attempted murder trial, they did further weaken a case in which eight key witnesses had already withdrawn their evidence."

Gerald McRandal was attacked close to the entrance of Gardenmore House, in Larne, shortly after midnight on October 23 2002, after leaving his mother home to her flat.

He was approached by two men, who attacked him with such severity that blood was left spattered over the doors at the main entrance to the tower block.

The attack, which is suspected to have been sectarian, was witnessed by a second member of his family who lived nearby.

The witness later said that she could identify a number of people who had been with the assailants just before the attack.

Seven police officers were on duty in the Larne District Command Unit that night: one sergeant and six constables.

Only two officers were available to attend the scene of the attack.

The officers spoke to witnesses at the scene and then left to search for the men who had carried out the attack, bringing with them a key witness.

Some time later, the sergeant on duty in Larne police station enquired whether steps had been taken to preserve the scene.

An officer was sent to the scene and, approximately one hour after the attack, cordoned the area off.

Mrs O'Loan continued: "Preserving the scene with a cordon should have been an immediate priority.

"Instead, people were able to move freely through this area, which meant any evidence from the scene was potentially contaminated."

During the trial, one of the two officers who initially attended the scene, produced an 'unofficial' notebook in which she had taken notes that night before subsequently transcribing them into her police notebook.

It emerged that the name of one of the accused appeared on the first page of the 'unofficial' notebook but had not been transferred into her police notebook.

When questioned by a senior officer, she said she could not remember why the name of the accused had been entered into the 'unofficial' notebook.

Mrs O'Loan has recommended that one police officer be disciplined, that another should receive additional training, and has made a series of recommendations to the PSNI in respect of the failures in the investigation.

(EF/SP)