Colum Marks

The retired officer was reported for consideration after an investigation by the Police Ombudsman for Northern Ireland into the shooting of Mr Marks in Downpatrick on 10 April 1991.

Mr Marks was shot after Royal Ulster Constabulary (RUC) officers were deployed to make arrests following the placement of a mortar device in the driveway of a property that was under police surveillance.

During the course of the police operation, Mr Marks made his way across a field adjacent to the property. An officer known as Officer B fired five aimed shots, at least two of which struck Mr Marks and resulted in fatal injuries.

In a statement yesterday, the PPS said there was insufficient evidence to provide a reasonable prospect of conviction.

Michael Agnew, deputy director for public prosecutions, said: “The key issue in this case was whether the available evidence provided a reasonable prospect of rebutting a defence of self-defence.

“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.”

He said new forensic evidence suggesting that Mr Marks had been shot in the back was “not conclusive and was also inconsistent with examinations of Mr Marks’ body at the time”.

Mr Agnew added: “I appreciate that this is a disappointing outcome for the family of Colum Marks who have lived for many years with the painful loss of their loved one.

“The prosecution team has reassured the family that this decision was taken only after a most careful examination of all available evidence and information.

“We hope that the information provided today and in our detailed letter setting out the reasons for the decision provides some assistance in outlining the circumstances in which their loved one was killed.”

Gavin Booth of Phoenix Law, representing the Marks family, 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.”