It is important to firstly acknowledge the victim of this terrible incident, Jean Smyth, an entirely innocent young woman who lost her life in the most appalling circumstances, and her family who have borne their loss for so long.
The decision of the NI Court of Appeal was handed down on 20 March 2019. It is a very lengthy and complex judgment, which requires extremely careful consideration by the PSNI.
The judgment sets out in detail the requirements of Article 2 of the ECHR as it relates to legacy investigations. It is clear that it appears to require significant change to current structures within PSNI. The Court of Appeal has set out very detailed requirements to meet the standard of practical independence and this will require detailed reflection by PSNI, with the benefit of legal advice.
The Court found that the PSNI does have the necessary Institutional and Hierarchical independence to carry out such investigations. However, it did find that the PSNI had not demonstrated the Practical independence necessary. The nature of the judgement is such that it may have significant implications for contemporary policing and as a consequence an appeal to the Supreme Court is under active consideration.
Victims and survivors of the conflict in Northern Ireland are often understandably upset at the way in which they feel they are treated by ‘the system’ in Northern Ireland. We are determined that our response to this judgment will, insofar as possible, improve outcomes for them. We are closely examining all of the options to deliver the requirements of this judgement and to meet the needs of those affected. This process is ongoing and I will keep the Board informed throughout this process. PSNI do not want to cause further pain to victims by rushing to create new structures, which may not be sustainable. I know that the Board will be very aware of the resource position within which I must deliver policing and any plan or response must take cognisance of this.
However, I must make the point that the PSNI have called repeatedly for the establishment of the Historical Investigations Unit and the other Stormont House Agreement (SHA) institutions. This would address, amongst other points, concerns regarding independence. Accordingly we would again call for the immediate establishment of the SHA institutions