Public statement following Police Ombudsman report on her investigation into PSNI response to Sean Graham’s Bookmakers Commemoration on 5th February 2021

27 Jan Public statement following Police Ombudsman report on her investigation into PSNI response to Sean Graham’s Bookmakers Commemoration on 5th February 2021

On 5^th February 2021, Mark Sykes gathered for a respectful, dignified and lawful commemoration of the murder of 5 people at the Sean Grahams Bookmakers, in 1992.  Mark’s 18 year old brother in law, Peter Magee, was murdered in the attack. Mark himself was shot and grievously wounded in the attack.  As the gunman stood over Mark to murder him, Mark raised his hands in a desperate attempt to save his life.  He was shot in his chest and forearms and endures severe pain to his wounds to this day.

The commemoration was an annual event and in 2021, the families were engaged in a high-profile campaign calling for the publication of, what was at that time, a long delayed and overdue Police Ombudsman report which was pending at that time.  The report which was published less than a year later would ultimately conclude that there was collusion between the RUC and the loyalist killers.

The report confirmed that EIGHT informers were involved in 27 murders and attempted murders and further that informers were retained as informers even after they were suspected by the RUC of having been involved in murder.

This report stated that “police prioritised intelligence gathering and protection of sources, over the detection of serious crime and their obligation to bring the perpetrators of those crimes to justice.” Paragraph 6.109

On 5^th February 2021, police officers arrested Mark Sykes during the dignified commemoration.  One of Mark’s complaints was that the arresting officers had too tightly applied a double set of handcuffs during the arrest. The only thing that Mark had in his hands were flowers.

In respect of the application of a double set of handcuffs, Mark Sykes complained that;

“Regarding my injuries, the handcuffs were applied too tightly causing injury to my hand, wrist and arms – this is an assault.  Police did not loosen the handcuffs and I remained handcuffed with my hands behind my back in the rear of the police vehicle for 1 hour and 30 minutes.  My shoulder was cramping / taking a spasm and I shuffled about in the back of the car.  Although I did not say anything, police should have known that the handcuffs were causing discomfort and adjusted or removed them.  My wrist and hands were numb and tingly, I am sore down my right thumb.  The handcuff on my right hand was put on over a 2 inch scar where a bar had been put in to re-construct my arm after I had been shot.  I have always had nerve damage in my left arm.  My right arm suffered muscle damage (as a result of the shooting).  In the police car, my arm bent back and I took a spasm in my right shoulder.  My arms have now began to bruise.”

Mark received an immediate apology from the Chief Constable the day after his arrest and was assured that police actions did not reflect the values of the PSNI and were a matter of personal and organisational regret.  Mark was further advised that PSNI would support a full and transparent investigation into the actions of police on the Ormeau Road in arresting Mark on 5^th February 2021.

It is within this context that today’s findings must be considered.

Whereas the Police Ombudsman submitted a file for prosecution to the PPS, on the grounds that PONI determined that a criminal offence may have been committed in respect of the arrest of Mark Sykes, no prosecution was directed by the PPS and as such PONI thereafter referred the file to PSD (Professional Standards Dept).  A PSD panel then found three breaches of the PSNI Code of Ethics in respect of the police officer that arrested Mark Sykes,

1. Article 1.5, in that the arresting officer failed to carry out the lawful orders of his said supervisors;
2. Article 1.10, in that the arresting officer’s conduct was likely to bring discredit upon the police service;
3. Article 5.2, in that the arresting officer used more force than was necessary or proportionate to the situation.

Disciplinary proceedings were held on 1 March 2024 and PSD notified the Police Ombudsman that three Misconduct Charges were proven.

Notwithstanding the undertaking from the Chief Constable in February 2021, following an appeal by the Constable on 31 May 2024, a single senior police officer, overturned the findings of the disciplinary proceedings and determined that the Police Officer who arrested Mr Sykes had not in fact misconducted himself and no breach of the PSNI Code of Ethics had occurred in regard to this matter. It is of no comfort to Mr Sykes that the Constable was then given performance related advice and guidance in respect of his lack of engagement with Mr Sykes in relation of the continued use of handcuffs.

The Police Ombudsman has today found that the arresting officer had not responded to the unfolding events in line with an order to treat the gathering with sensitivity. Senior police had advised within 12 minutes of the initial radio transmission noting a ‘pop up protest’ that it was a commemoration of the atrocity, and that sensitivity was required.

Mark Sykes:

“To this day, I am the only person ever arrested by the PSNI in respect of the atrocity at Sean Grahams Bookmakers in 1992. I am disappointed that the officer who arrested and assaulted me has not been prosecuted for his assault on me and has not even been reprimanded by his superiors for his actions.  Police should not have been near our lawful and dignified commemoration on the day, and I should not have been arrested.  The only thing that I had in my hands that day were flowers to lay at the monument.  Police actions during their arrest of me, literally aggravated and metaphorically rubbed salt into, my wounds from the Bookies attack 29 years prior.  These actions, whilst physically injurious to me, pale into significance to the psychological trauma which the families of those murdered had to endure, by observing the reckless police actions on the day.”

Niall Murphy solicitor KRW Law:

“The outcomes to this investigation are not commensurate to the recklessness of police actions on the day.  Whereas PONI have made recommendations to improve aspects of operational policing, and that all new recruits will have improved public order training, the lack of personal accountability for actions on the day is a source of regret, given the extent of the investigation into this incident.”