A Sinn Fein MLA has said that at no point did he suggest his party would withdraw support for the Police Service of Northern Ireland (PSNI) during discussions with senior officers about the policing of a Troubles memorial event in 2021.
Policing Board representative Gerry Kelly said he wanted to “set the record straight” following the latest controversy to hit Northern Ireland’s police force after a High Court judge ruled that a decision to discipline two junior officers was unlawful.
The row has led some unionist politicians to call for the resignation of Chief Constable Simon Byrne.
High Court judge Mr Justice Scoffield said this week that the decision was made to discipline the officers to allay any threat of Sinn Fein abandoning its support for policing in Northern Ireland.
However, Sinn Fein denied there was any threat to withdraw support.
At no stage during any calls to, or meetings with, senior PSNI officers did I suggest or insinuate that Sinn Fein would withdraw support for the rule of law— Gerry Kelly
Mr Kelly said: “It’s a matter of public record that we raised our valid concerns with the chief constable and senior police officers about the arrest of victims on the Ormeau Road where families were commemorating the murders of their loved ones by loyalists.
“I want to set the record straight.
“At no stage during any calls to, or meetings with, senior PSNI officers did I suggest or insinuate that Sinn Fein would withdraw support for the rule of law or policing, or remove our members from the Policing Board.”
Party colleague and North Belfast MP John Finucane reiterated the position when speaking to the media on Wednesday, and added that it was a matter for the chief constable why he believed there was any reason why the party would withdraw support for policing.
A special meeting of the Policing Board has been called for Thursday to discuss the latest crisis to hit the force.
The incident happened on the Ormeau Road in February 2021 during a service marking the anniversary of the February 1992 Sean Graham bookmakers attack in which five people were murdered.
The court ruling has prompted further criticism of Mr Byrne, who is already under pressure following revelations of data breaches this month.
Trevor Clarke, the DUP’s lead representative on the Policing Board, said the statement from Sinn Fein did not answer the questions raised.
He said: “It is a matter of record that a court has found the chief constable’s decision-making process to have been influenced by how he believed it would impact Sinn Fein’s support for policing.
“It is notable that Sinn Fein’s initial reaction to this ruling was that it was a matter for the PSNI.
“Perhaps it is only as pressure has further mounted that further comment was issued by Gerry Kelly. That however doesn’t resolve the questions facing both the chief constable and Sinn Fein.
“We will never know exactly what was said during the calls or meetings between Sinn Fein representatives and senior PSNI officers on that day.
“The overarching issue is why the chief constable felt Sinn Fein’s support for policing was so tenuous that he needed to sacrifice the careers of two officers.”
Mr Clarke added: “Concerns about two-tier policing have existed over many years now but it is staggering that this has come forward so clearly in a court.
“Sinn Fein’s belated intervention on the issue doesn’t answer the questions which have been raised.”
Mr Clarke had earlier said that the chief constable had lost the support of officers, politicians and the public and that the only option left for him was to resign.
Ulster Unionist Party leader Doug Beattie has asked for an urgent meeting with Mr Byrne, while TUV leader Jim Allister said the chief constable should resign.
SDLP Policing Board member Mark H Durkan said serious issues with policing have been exposed.
He added: “The chief constable, the Policing Board and all of us with an interest in securing the new beginning to policing must act urgently to address this situation.”
The two officers faced action in 2021 following the arrest of Mark Sykes, a survivor of a loyalist gun attack on the Sean Graham bookmakers shop in south Belfast in 1992.
The controversial incident unfolded when police challenged those attending a memorial event amid suspicions that the size of the public gathering breached coronavirus regulations.
Mr Sykes was handcuffed and arrested in chaotic exchanges captured on social media.
The incident triggered a major controversy at the time and sparked criticism of Mr Byrne.
Mr Byrne apologised for the PSNI’s handling of the event and it was announced that one officer was to be suspended and one repositioned.
Following a legal challenge by the Police Federation, Mr Justice Scoffield said: “Both the deputy chief constable and the chief constable were acutely aware of the threat of Sinn Fein withdrawing support for policing and/or withdrawing from the Policing Board if immediate action was not taken in respect of the officers’ duty status.”
In a statement in response to the court’s findings on Tuesday, Mr Byrne said the incident was “difficult for everyone”.
He added: “Those paying their respects at a memorial event, the young officers who attended on behalf of the police service, and for the public who observed the footage of an incident which happened shortly afterwards which circulated across media platforms.
“As chief constable, I accept the findings of the court.
“In particular that there was a legal error in the way in which the public interest test was applied in deciding to suspend one officer and reposition another, rendering the action unlawful.
“It is important, however, to clarify that neither officer has been disciplined to date.”
