The PSNI has been forced to disclose information it tried to suppress into the Katie Simpson murder case, including the rank of personnel who blocked Press enquiries.
Just over a year ago the PSNI was asked the date a murder inquiry was launched and when uniform officers first requested detective input, but the enquiry was refused.
While these questions were later answered by FOI, this did not explain why the Press Office were stonewalling.
Consequently, an FOI was submitted enquiring on the rank of officer within PSNI who refused to authorise an answer.
This was also refused and a complaint was filed with the Information Commissioner, which has been upheld.
This however is just one of numerous other related complaints of PSNI refusing to answer enquiries, including actions regarding Jonathan Creswell, who went on trial for Katie’s murder in April 2024, but this collapsed after the first day when was found deceased.
The following month the Press Office were asked on what date they requested a post mortem and was this forensic or non-forensic.
Again, the PSNI refused to answer, so an FOI was submitted which was also refused and maintained at internal review.
A complaint was likewise lodged and this too was upheld with Commissioner ruling the PSNI was not entitled to rely on the reason for refusal adding to ensure legislative compliance the requested information should be disclosed.
They were warned failure to comply, “may result in the Commissioner making written certification to the High Court and may be dealt with as contempt of court”.
On January 15, PSNI duly advised: “An officer of the rank of Detective Chief Inspector declined the release of information.”
In terms of the second enquiry it was confirmed a forensic post mortem was sought on August 210, 020 and carried out the following day.
Assistant General Secretary of the NUJ Séamus Dooley welcomed the Commissioner’s decision stating: “This is a significant and a very welcome vindication of the appeal lodged by Tanya Fowles in respect of the unsatisfactory response to her legitimate queries, lodged in the public interest.
“It is vital that public bodies adhere to the timescale and procedures outlined under FOI legislation. Silence or delaying tactics are never an acceptable response to FOI requests.
“The high level of public interest in this case makes the PSNI position even more concerning. The relationship between the PSNI and the media is dependent on trust and respect. This determination serves as a reminder to the PSNI that FOI requests must be dealt with in a fair, independent and comprehensive manner.”
Patrick Corrigan, Northern Ireland Director of Amnesty International, said: “There is significant, legitimate public interest in the Katie Simpson case which has already been the subject of a critical Police Ombudsman’s report that found a catalogue of mistakes and breaches of the police code of conduct.
“Neither the PSNI, nor any public authority, should refuse to answer questions from the Press trying to establish basic facts about a matter of such public interest. Police stonewalling of legitimate enquiries from a journalist, which has now resulted in a complaint being upheld by the Information Commissioner, does not suggest a culture of openness within the PSNI to public scrutiny of their actions.
“Article 10 of the Human Rights Act protects freedom of expression, including freedom of the Press and the public’s right to receive information. It is the job of the police to help uphold our human rights, not to stand in their way.
“I expect the Policing Board will wish to pursue this matter with the Chief Constable.”
The PSNI were given a number of opportunities to comment on the Commissioner’s decision but declined to do so.
Meanwhile, further complaints have been submitted including around PSNI contact with An Garda Siochana in 2016 when Creswell fled to the Republic of Ireland while wanted over alleged indecent exposure in a County Antrim stable yard.
The Commissioner has confirmed this too is now under investigation.
