Colum Marks – PPS decide not to Prosecute Officer B

On 10^th April 1991, as a result of intelligence received, the RUC mounted a covert operation in and around St. Patrick’s Avenue in Downpatrick, Co. Down.  This operation involved officers from the Divisional Mobile Support Unit (DMSU) and two officers from E4A (The covert Surveillance unit).

Both Officer R and B were deployed in and around the hedge at the rear of 45 St. Patricks Avenue. During the course of the Police operation Mr. Marks made his way across an open field. During this time Colum Marks was shot 3 or 4 times. Colum Marks later died in the early hours of the 11^th April 1991.  Since that time the family have always maintained that Colum’s death was preventable.  He was unarmed when he was shot by Officer B.  The Mark’s Family dispute the account given by Officer B. It is the family’s strong contention that Colum could have been arrested at several times throughout that day.  They also maintain that Officer B was placed in a hedgerow for the purpose of reporting on surveillance only. 

Today 9^th May 2023 the PPS made a decision not to prosecute Officer B for shooting Colum Marks in Downpatrick in 1991.  

Gavin Booth of Phoenix Law said, “Since 2016 new forensic evidence came to light which cast doubt on the accounts given by officer B. That new forensic evidence suggested that Colum was shot in the back and that he could not have been posing a threat to Officer B.”

“Unfortunately, the PPS have today told the family that they cannot fully determine what happened in that field in Downpatrick 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 to Colum Marks and following today’s decision we will now consider all options available to them.”

Rosin Marks, mother of Colum Marks said that “We are very disappointed by todays decision of the PPS.  It was our view that the 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”. 

ENDS

NOTES for all enquires, please contact our Mr Gavin Booth at gavin@phoenix-law.org or 07860625109