Police officer will not be prosecuted over shooting of Co Down man over 30 years ago

A retired police officer will not be prosecuted over the shooting of a man in Co Down more than 30 years ago.

Colum Marks died after being shot a number of times in St Patrick’s Avenue, Downpatrick, on April 10 1991.

The incident came as police officers were deployed to make arrests after a mortar device was placed in the drive of a property which was under police surveillance. 

The Public Prosecution Service (PPS) said Mr Marks ran through a hedge bordering the address and across a field towards a position from which Officer B had been conducting surveillance.

The officer is described as having fired five aimed shots, at least two of which struck Mr Marks.

The PPS said the available evidence was “insufficient to provide a reasonable prospect of conviction”.

Deputy Director of Public Prosecutions Michael Agnew said officials appreciate it is a “disappointing outcome” for Mr Marks’ family.

“They key issue in this case was whether the available evidence provided a reasonable prospect of rebutting a defence of self-defence,” he said.

“The officer’s account was that Mr Marks was running towards him and did not stop after warnings. He believed that Mr Marks would have been armed and claimed that he feared for his own life when he made the split second decision to fire. 

“The evidence established that Mr Marks was unarmed when he was shot. However, the surrounding circumstances presented significant difficulties in proving to the criminal standard that Officer B did not have a genuine belief that his life was at risk, or that, by firing his weapon in the particular circumstances that pertained, the amount of force used was unreasonable.

“These circumstances included the nature of the terrorist operation that was disrupted, the information available to Officer B as a result of his briefing and direct observations at the scene, and the pace with which the relevant events unfolding.

“I appreciate that this is a disappointing outcome for the family of Colum Marks who have lived for many years with the painful loss of their loved one.

“The prosecution team has reassured the family that this decision was taken only after a most careful examination of all available evidence and information.”

Mr Marks’ mother Roisin said her family is very disappointed by the decision.

“It was our view that new forensic evidence should have justified a prosecution and we will now be considering all legal options available to us, including a review by the PPS,” she said.