Police probe into Marks’ killing ‘wholly inadequate’ – Ombudsman

Police probe into Marks’ killing ‘wholly inadequate’ – Ombudsman

19 March 2025

A POLICE Ombudsman’s report has concluded a police investigation into the killing of an IRA man in Downpatrick over 30 years ago was “wholly inadequate”.

Colum Marks, 29, was shot dead by a police officer as he was preparing to carry out a mortar attack on April 10 1991.

Two years ago, the Public Prosecution Service (PPS) said the now-retired officer would not face any charges.

The officer, known as Officer B, had said he believed Mr Marks was armed and claimed he refused to stop when an attempt was made to arrest him. No gun was found at the scene.

Police had intelligence the IRA was planning to attack a patrol and officers were in place to arrest suspects as a mortar bomb was moved into position.

Ombudsman Marie Anderson said yesterday that the investigation carried out by the Royal Ulster Constabulary (RUC) lacked “independence and rigour”.

She said she was “surprised” the RUC did not refer the shooting to the police complaints body which existed at the time.

“A thorough examination of the circumstances of Mr Marks’ death should have included scrutiny of the events preceding the fatal shooting and specifically opportunities that may have been presented to arrest him and others involved,” she said.

Mrs Anderson said a fuller examination of the incident by her was “severely hampered” by the destruction of records about covert operations.

She continued: ”I am unable to conclude, therefore, whether there was an opportunity to disrupt the planned mortar attack, to arrest Mr Marks before that evening or to arrest him prior to the first recorded sighting of him by Officer B at 9.29pm.

“However, from the evidence which is available, there was a short window of opportunity to arrest Mr Marks on that evening between 9.29pm, when he was first observed carrying the mortar, and 9.47pm when the instruction was given to arrest him.

”It is clear police intended to arrest suspects in circumstances that connected them to the weapon, and the intent to commit an unlawful act, rather than possession of the weapon alone.

“In the presence of what was described as a viable explosive device, it is my view that this was a high-risk strategy on the part of police whose primary duty was to protect life.”

Mr Marks’ family has long believed his death was not properly investigated at the time.

In a statement, the family’s solicitor, Gavin Booth, of Phoenix Law said: “It’s clear from the findings that there was time to arrest Colum prior to the shooting and this was not acted upon by the RUC at the time.

“We now know that for three days the RUC knew about this and opportunities clearly existed to arrest.

“The Ombudsman was clear that Colum was unarmed, unmasked and not posing a threat when he was shot several times.

“It’s wholly disappointing that much of the evidence was destroyed by the RUC and some former officers did not cooperate with this investigation.”

South Down Sinn Féin MP Chris Hazzard said the Marks family had “courageously fought for decades to reveal the truth into his execution by the RUC”.

Mr Hazzard continued: “Today is testament to their strength, resilience and determination.

“These findings support what Colum’s family and the entire community knew all along; that he was unarmed, unmasked and not posing a threat when he was executed.

“Unsurprisingly, much of the evidence was destroyed by the RUC and former officers also did not cooperate with the investigation, and that unfortunately means many questions remain unanswered.

He added: “Sinn Féin will continue to support the Marks family.”