Marie Anderson

The Public Prosecution Service (PPS) today said prosecutors had concluded there was no reasonable prospect of conviction for any offence, having reviewed a file submitted following an investigation led by West Midlands Police.

Mrs Anderson is on extended leave of absence and is expected to retire in December from the role she has held since 2019.

The ombudsman was investigated for potential offences of perverting the course of justice and misconduct in public office in relation to events arising from a reported domestic incident in Holywood, Co Down, in September 2023.

Stephen Herron, the director of public prosecutions, said: “This was a complex and sensitive matter which was given careful consideration by a team of senior prosecutors and highly experienced independent senior counsel. 

“This case has understandably generated significant public interest and speculation — much of which was factually inaccurate.

“The events of September 2023 that led to this investigation were undoubtedly difficult. The evidence shows that PSNI engaged with the ombudsman with care and sensitivity, and their investigation was conducted properly and in good faith.

“The central allegation in this case was that the ombudsman had misconducted herself in public office and/or attempted to pervert the course of justice through her interactions with police who were investigating the incident referred to above.

“The legal threshold for both offences is high. In assessing whether the test for prosecution was met, prosecutors considered all of the relevant facts and circumstances including the particular context in which the interactions took place; contemporaneous records made by police in relation to what was said by her; and the evidence from senior police who spoke directly to the ombudsman during key stages of the relevant events. 

“It was concluded that the evidence was insufficient to establish that the ombudsman was either acting or purporting to act as a public officer at the relevant times; or that she misconducted herself or attempted to pervert the course of justice through anything she said or did in response to police enquiries.”

The PSNI’s deputy chief constable, Bobby Singleton, added: “This was an extremely complex and challenging investigation and the difficulties that police encountered have been fully acknowledged by the Public Prosecution Service.

“I want to echo the comments of the PPS on the high standard of the police investigation. I also want to place on record my thanks to the independent investigation team from West Midlands & Greater Manchester Police for the professional and thorough investigation they conducted.

“The delays in progressing the case were beyond the control of the Police Service of Northern Ireland and the independently-led investigation team.

“Police of course have a duty to impartially investigate all potential crime without fear or favour and in accordance with the law and we are committed to doing so.

“I have full confidence that those duties were discharged in this investigation.

“Prosecutorial decisions are made independently by the Public Prosecution Service and it would be inappropriate to comment further other than to reiterate the Police Service’s commitment to treat everyone equally before the law.”