Loughinisland investigation lacked diligence but insufficient evidence of collusion

The police investigation of the 1994 terrorist attack in Loughinisland in Northern Ireland lacked effective leadership and investigative diligence and has failed the families of those killed and injured, according to the Police Ombudsman for Northern Ireland (PONI).

Last week, Al Hutchinson published a report into the attacks, in which six Catholic men were killed after two Ulster Volunteer Force (UVF) members walked into a bar in the village of Loughinisland and began firing at random. He said although the killings were not investigated properly, there was insufficient evidence to support the view that these failures were as a result of a deliberate act by police to protect informants from the law.

However, Mr Hutchinson acknowledged that the families of those killed and injured in the attack still believe there was collusion.

Since the attack, 16 people have been arrested – some more than once – in connection with the killings, but no one has ever been convicted of the murders.

The report highlighted a series of failings in the investigation including:

•Records are missing;

•The car used by terrorists should not have been destroyed in the manner that it was;

•The police failed to investigate properly the link between the Loughinisland shootings and other terrorist attacks; and

•Failures in the management of the murder incident room in the early stages and in the management of the computer system used by the investigation may also have resulted in the loss of evidential opportunities.

“These cumulatively indicate a lack of cohesive and focused effort over the years. The families have been failed by this intermittent focus and attention,” said Mr Hutchinson.

“There are allegations that police protected informants, particularly people linked to the car used by the terrorists. While I will neither confirm nor deny whether or not any individual was a police informant I am satisfied that no suspects were afforded protection as informants.”

He added that there is no evidence any authorisation was sought or given for the disposal of the car, which after undergoing a detailed forensic examination and electrical testing, was destroyed in April 1995.

Mr Hutchinson said that there is no substance to an allegation that there was a link between a senior police officer at the station and those who had been arrested, or to an allegation that this link was behind the decision to dispose of the car.

Mr Hutchinson also found that the police had demonstrated significant efforts to detect the offence through the arrest of 16 people during the course of the investigation. However, he also said that police had failed to communicate effectively with the victims and survivors of the attack at the Heights Bar.

Three recommendations were made aimed at reinvigorating the police investigation which he hopes will help to regain the trust of the families:

•The chief constable should commission a full Major Crime Review of the Loughinisland murder investigation to ensure that all possible investigative opportunities have been identified, recorded and acted upon;

•The chief constable should commit to ensuring that sufficient resources are made available to pursue fully any investigative opportunities arising from the review; and

•The chief constable should seek to re-establish effective lines of communication with the victims and survivors of the attack.

The Police Service of Northern Ireland (PSNI) apologised for the failures and said the force remains committed to bringing those responsible for the murders to justice.

Drew Harris, PSNI assistant chief constable for crime operations, said there is an ongoing Serious Crime Review: “While I appreciate that an apology cannot redress the pain visited upon the families and friends of the victims, we as a police service are sorry for this lack of communication and consistency, which can only have added to their hurt and, understanda