It was "unlikely" that Portadown RUC could have saved Mr Robert Hamill (25) when attacked near their Land Rover by a loyalist mob two years ago, a Belfast judge said yesterday.
Crown Court judge Lord Justice McCollum's comments came as he acquitted Marc Hobson (22) of Mr Hamill's murder for lack of evidence. Mr Hamill, a father of three, died in hospital 12 days after being kicked unconscious near an RUC Land Rover at the Thomas Street/Market Street junction in Portadown on April 27th, 1997.
Lord Justice McCollum said while he was unable to resolve the question whether police had stayed in their Land Rover during the attack, the only issue which might reflect on the officers, and about which no evidence existed, was whether they failed to anticipate the attack.
However, he added that "even if alerted at the earliest moment by the occurrence of the attack itself, it is unlikely they would have been able to dismount and intervene in time to save Mr Hamill".
Nevertheless, said Lord Justice McCollum, "it appears once the police officers did intervene they acted resolutely and were able to keep the loyalist crowd away from the two men on the ground and to prevent any further serious injury".
However, he felt it appropriate that he should comment on three matters although they lay outside the immediate scope of the trial.
Firstly, it was obvious that a man had approached the Land Rover feeling he had "some information or warning of significance to impart" but "the officers showed no interest in the significance of his message".
Secondly, that "it seems unfortunate" that, given information, the driver placed his Land Rover in a position in which none of the officers had a view of the junction except through the side slot of the vehicle.
Thirdly, but most damning of Lord Justice McCollum's comments, was the fact, if true, that a prima-facie case may have been made against a man arrested at the scene but no follow-up action was taken by the police woman who arrested him.
Earlier, when clearing Hobson, Lord Justice McCollum said it was "impossible" for him to be satisfied of his guilt, "although it is probable that he intended and did strike" Mr Hamill.
Hobson, from Deer Park, Portadown, was jailed for four years for committing an affray.
The British government is facing fresh calls to announce a full independent inquiry into the killing of Mr Robert Hamill, writes Suzanne Breen in Belfast. Nationalist politicians made the demand after Marc Hobson was found not guilty of Mr Hamill's murder yesterday.
SDLP Assembly member Ms Brid Rodgers claimed the court judgment reflected the "flawed nature" of the RUC inquiry into Mr Hamill's killing. "When someone is kicked to death in full view of police officers, it seems strange a conviction is not possible and that sufficient evidence was not able to be presented."
Sinn Fein Assembly member Dr Dara O'Hagan also called for an independent inquiry. The judgment underlined the "urgent need" for RUC disbandment and replacement with a new policing force.
The Garvaghy Road Residents' Coalition said the ruling was "yet another indictment of the RUC".
The Irish Republican Socialist Party described it as "very cynical'.