Colum Marks: Ex-policeman who killed IRA man will not face prosecution

Colum Marks was shot in Downpatrick, County Down, in April 1991

A now-retired police officer who shot dead an IRA man in Downpatrick more than 30 years ago will not be prosecuted, it has been announced.

The Public Prosecution Service (PPS) said the evidence was "insufficient to provide a reasonable prospect of conviction".

Colum Marks, 29, was shot dead in April 1991.

His family has disputed the police version of events, claiming he was unlawfully killed.

In a statement, his mother Roisin Marks said they were "very disappointed", adding: "It was our view that new forensic evidence should have justified a prosecution."

The officer who shot Mr Marks had said he believed he was armed and claimed he refused to stop when an attempt was made to arrest him.

No gun was found at the scene.

Split-second decision

The Royal Ulster Constabulary (RUC) had intelligence that the IRA was planning an attack on a patrol and were lying in wait as a mortar bomb was put into position near St Patrick's Avenue.

"The key issue in this case was whether the available evidence provided a reasonable prospect of rebutting a defence of self-defence," said Michael Agnew, PPS deputy director.

"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 a split-second decision to fire.

"In a self-defence case the court will assess the reasonableness of a defendant's actions in light of the circumstances as he may have genuinely believed them to be, even if that belief is a mistaken one," Mr Agnew added.

He continued: "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 the officer did not have a genuine belief that his life was at risk."

Mr Agnew added that new forensic evidence was "not conclusive" on whether Mr Marks had been shot in the back.

Request for review

The PPS decision followed a re-investigation of the case by the Police Ombudsman, which started in 2016.

Mr Marks's family said they were now considering all legal options, including asking for an internal PPS review of the decision.

It is their "strong contention" that he could have been arrested at several times in the course of the day.

Their solicitor, Gavin Booth of Phoenix Law, said: "New forensic evidence suggested that Colum was shot in the back and that he could not have been posing a threat.

"Unfortunately, the PPS have told the family they cannot fully determine what happened on the night in question.

"They have informed the family that on the available evidence in relation to the wounds sustained by Colum the evidence is conflicting.

"The family remain committed to finding out the full facts of what happened and we now consider all options available to them."