AN INVESTIGATION by the Police Ombudsman for Northern Ireland (PONI) has found that police committed multiple breaches in their duty of care to a girl killed in a 2018 collision in Co Antrim.
Shannon McQuillan, 19, and her then 21-year-old boyfriend Owen McFerrann were struck by a van after emergency services personnel left them alone at a bus shelter in the early hours of the morning.
Ms McQuillan died in the incident on the Moneynick Road on January 20, 2018 while Mr McFerran sustained life-changing injuries.
"We accept that more could and should have been done by police to prevent the circumstances that preceded Shannon's death and Owen's injuries," said PSNI Assistant Chief Constable Anthony McNally.
"For that we are truly sorry."
Background
The PONI investigation found that the Northern Ireland Ambulance Service (NIAS) and PSNI had first encountered Ms McQuillan and Mr McFerran at 2am in a car park in Magherafelt.
Ms McQuillan was found to be unconscious after falling a number of times.
After police called Ms McQuillan's mother to say that she and her boyfriend were being taken to Antrim Area Hospital, officers left the pair in the care of two ambulance staff.
However, the officers were called back to the car park by ambulance personnel after Ms McQuillan's behaviour became erratic.
Following a discussion between Ms McQuillan, ambulance staff and police, it was agreed officers would follow the ambulance to a roundabout in Magherafelt to ensure it proceeded to hospital.
Shortly before 3am, the ambulance pulled into a bus lay-by on the Moneynick Road, and staff onboard called for police assistance again following concerns about Ms McQuillan's behaviour.
Two different police officers to those who attended earlier arrived at the lay-by at 3am while a third, who was more senior and operating in a supervisory capacity, attended minutes later.
Following a discussion between the medical team and PSNI officers, the couple got out of the ambulance and were left alone at a bus shelter on the Moneynick Road.
At 3.38am the police received the first of three phone calls about two people walking in the middle of the Moneynick Road.
Two minutes later, a motorist informed police that he had collided with two people on the same road.
Police attended along with other emergency services but Ms McQuillan was pronounced dead at the scene while Mr McFerran was taken to hospital in a critical condition.
Subsequent tests established that both had high levels of alcohol in their blood at the time of the accident.
Findings
Ombudsman investigators found the accounts of police and NIAS staff who attended the Moneynick Road were inconsistent.
Two of the officers also had Body Worn Video (BWV) cameras, although neither had activated them when they spoke to Ms McQuillan and Mr McFerran.
The investigation noted that officers had failed to access a police system which would have identified that Ms McQuillan could be vulnerable to self harm.
The Ombudsman concluded that the communication between the police officers in attendance at the Moneynick Road and the NIAS staff had been 'wholly inadequate'.
The investigation also found that there had been multiple breaches in the duty of care offered to Ms McQuillan and Mr McFerran by police officers.
These included failing to complete even the most basic checks in relation to them and failing to safeguard the couple's welfare.
They also failed to recognise the vulnerability and risks of leaving the two alone together beside a road,
PSNI misconduct proceedings found that the conduct of two of the three officers who had attended the ambulance amounted to gross misconduct.
One was dismissed from the PSNI while the other was given a written warning.
The dismissal was set aside on appeal, however, the officer passed away before a new hearing could be held.
The third officer was disciplined for failing to submit and retain her own original signed statement about the incident.
Another officer who amended the statement and failed to ensure that the original was kept was given advice to improve her conduct.
The Ombudsman also recommended that a new policy be put in place between the PSNI and NIAS for dealing with people who are intoxicated and refuse medical treatment.
'Wholly inadequate'
"More should have been done in this case to protect the extremely vulnerable young woman and man from harm," said PONI Chief Executive, Hugh Hume.
"The police response was wholly inadequate, and a Police Misconduct Panel supported the Ombudsman’s evidence that there had been a failure of professional duty.
"Safeguarding vulnerable people in an operational environment is an important and frequent role for first responders.
"Ineffective or ill-informed decisions can, as in this case, have dreadful and far-reaching consequences.
"It is therefore essential that police officers and all front-line partners work together smoothly and efficiently to minimise the risk to those whose judgement and health appears impaired.
"This tragic case therefore demonstrates the absolute need for effective and well understood joint protocols between the PSNI and the NIAS to deal with such circumstances.
"Frontline staff must recognise their collective professional duty of care, and they should be supported in their responsibilities by agreed inter-agency professional practice."
In his apology, ACC McNally said the force would take the Ombudsman's findings under consideration.
"We will now take further time to carefully consider the Ombudsman’s report and assure ourselves that lessons have been learnt particularly around the identification of vulnerability, risk assessment and adherence to service policy," he said.
