AN INVESTIGATION by the Police Ombudsman for Northern Ireland (PONI) found evidence that a PSNI officer breached the code of ethics after he told an arrested man he punched 'like a f****** woman'.
The incident was captured on the officer's Body Worn Video (BWV), which also recorded the officer calling the man a 'f****** scumbag' and showed he failed to caution the man during the arrest.
Despite this contradicting the officer's claim that he had cautioned the man, he faced no prosecution for perjury due to a lack of evidence and has instead been given advice about his conduct.
Sexual assault allegations
The incident happened in August 2023 after police were called to a house in Co. Antrim.
A Police Ombudsman investigation was carried out after the man alleged that during his arrest he was sexually assaulted and had his arm twisted by one officer.
Ombudsman investigators viewed the BWV from the point the officers stopped the man on the street to when he was placed in a police vehicle but it contained no evidence to support the complainant's allegations.
However, the footage did show an officer saying, 'You punch like a f****** woman' and 'You're a f****** scumbag and you know it'.
The Ombudsman's investigation said there was evidence to show the officer had committed misconduct by breaching the code of ethics in relation to civility and professionalism.
This allegation was referred to the Professional Standards Department, which determined that the officer should receive Management Action intended to improve his conduct.
Potential perjury
A file was also sent to the Public Prosecution Service (PPS) in relation to the potential criminal offence of perjury.
The officer stated in his duty statement that he had cautioned the man when he was arrested, however, the BWV showed that this had not happened.
This was deemed notable as a caution ensured a member of the public can fully understand their right to silence and the consequences of making any comment following arrest.
However, the PPS opted against prosecution on the basis that there was insufficient evidence to support it.
"Police officers are expected to maintain the highest standards in accordance with their Code of Practice when dealing with members of the public irrespective of the circumstances," said Martin McCaffrey, Senior Investigation Officer.
"They are also expected to follow proper procedures ensuring that members of the public are afford their rights when arrested.
"Following an investigation by the Police Ombudsman's Office the evidence showed that this officer failed to display the standards expected and he has been held to account for his conduct."
