FREEDOM OF INFORMATION REQUEST
Request Number:
F-2019-01247
Keyword:
Crime
Subject:
IRA Murder of Eamon Collins - DNA profile
Request and Answer:
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act I can
confirm that the Police Service of Northern Ireland does hold some information to which your request
relates and this is being provided to you. We do not however hold information in relation to request
11 below. We further consider the information you seek in request numbers 1 – 9 are exempt by
virtue of section 30 of FOIA and have detailed our rationale as to why this exemption applies. We
have also provided you with links to guidance issued by the Information Commissioner’s Office which
we have followed in responding to your request.
Request 1
When, what date and / or year, did RUC/PSNI first become aware that blood from the murder scene
had been "left by a member of the gang"?
Request 2
Regards 1 above, what date and / or year did RUC/PSNI first make it public that they were aware
that a member of the "gang” had "himself suffered a severe injury during this frenzied attack"?
Request 3
Regards 1 and 2 above, what was the reason for the delay in making such vital detail regarding an
unsolved murder public?
Request 4
When, what date and / or year, did RUC/PSNI first become aware that DNA of one of the "gang" had
been left / recovered from murder scene?
Request 5
Regards 4 above, what date and / or year did RUC/PSNI first make it public that they were aware
that they had;
a, Recovered DNA from the member of the murder scene?
b, Recovered DNA profile that belonged to one of the "gang"?
Request 6
What date and or year was the DNA first checked on National DNA database by RUC/PSNI (and or
any others acting on their behalf)?
Request 7
Does the DNA sample still remain National DNA database? If not, why not?
Request 8
Have RUC/PSNI carried out familial DNA searches (i.e. where criminals whose DNA has never been
entered into a DNA database can still be identified through their family members)?
Request 9
Regards 7 and 8 above, Have RUC/PSNI;
a. Had any 'hits' or matches regards 7 above?
b. Had any 'hits' / close matches regards 8 above?
Answers to 1 - 9
As previously stated, the information you have requested is being withheld and the following
explanation is provided.
Section 17(1) of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland,
when refusing to provide such information (because the information is exempt) to provide you the
applicant with a notice which:
(a) states that fact,
(b) specifies the exemption in question and
(c) states (if not otherwise apparent) why the exemption applies.
The exemption/s, as well as the factors the Department considered when deciding where the public
interest lies, are listed below:
Section 30 (1)(a) Information held by a public authority is exempt information if it has at any time
been held by the authority for the purposes of – any investigation which the public authority has a
duty to conduct with a view to it being ascertained (i) whether a person should be charged with an
offence – Investigations
The full text of exemptions can be found at
www.legislation.gov.uk and further guidance on how they
operate can be located on the Information Commissioners Office website
www.ico.org.uk. Section 30 is a class based exemption which means that if the information is of the type referred to
within the exemption then the exemption applies to it without any consideration of the harm. It is also
a qualified exemption which means that a public interest test must be carried out and the factors in
relation to this are illustrated below.
Public Interest Test
Factors Favouring Release - Section 30
Disclosing this information would assist in showing that the PSNI are conducting thorough
investigations into such incidents. There is much public interest in ensuring that this and any other
investigation is undertaken professionally and rigorously and disclosure of the requested information
could promote public trust in providing transparency, demonstrating openness and accountability into
how investigations take place. Releasing the information may better inform the public and encourage
others to come forward to report criminal offences if they know a proper investigation will be
undertaken. All police investigations involve the use of public funds and this information could allow
the public to make informed decisions about police procedures and the money spent in this business
area.
Factors Favouring Retention – Section 30
The information requested is held for the purposes of investigations and therefore if the PSNI were to
release the requested information at this time it could seriously compromise and undermine
investigations, thus hindering the course of justice by prematurely releasing information resulting in
loss of evidence or alerting a suspect. Also, any disclosure could infringe on a suspect’s right to a
fair trial and also the rights of the victims if a prosecution were to fail due to disclosure of the
information. There is a strong public interest in maintaining the Section 30 exemption in order to
protect witnesses, and in not deterring potential witnesses from making statements for fear that their
evidence might not be treated in confidence. Also for maintaining the independence of the judicial
and prosecution process and preserving the criminal court as the sole forum for determining guilt.
It is the Association of Chief Police Officers approach that information relating to an investigation will
rarely be disclosed under the provisions of the Freedom of Information Act. Whilst information may
be released if it provides a tangible community benefit, for example to prevent or detect crime or to
protect life or property, it is hard to see how the information here will do so.
It would therefore not be in the public interest to release information which would in turn impact on
police resources and lead to more crime being committed, placing individuals at risk and an
investigation or the outcome of subsequent proceedings could be compromised.
Decision
On balance the requirement to withhold information relating to any investigations and in conjunction
with personal information must take precedence over the important issues of public accountability
and transparency as by releasing the information which may affect the outcome of any court
proceedings must take precedence. The proper detection and investigation of crimes are
cornerstones of a modern democratic society and the PSNI’s investigative role is of paramount
importance and the Police Service
will not divulge information if to do so would adversely affect any
ongoing investigations. Therefore if PSNI were to release the information in question it would lead to
a perception that statements given to the police could or would be released to the public at some
future date. This perception must inhibit or dissuade some witnesses from giving statements or
assistance to the police in future investigations.
Therefore PSNI are satisfied that in this case the public interest factors favouring retention
outweigh those favouring release as the interests in accountability can rarely defeat the interests
in a fair investigation and trial.
Request 10
How many case reviews, cold case reviews have been carried out by RUC/PSNI in this case since
1999?
Answer
There has been one focused review in 2009 following the original investigation. This case currently
sits within the case load of Legacy Investigation Branch.
Request 11
Regards 10 above, how many independent (of RUC/PSNI) reviews have been carried out by an
external police force since 1999?
a. Please also supply dates of said reviews;
b. If no external reviews have been carried out during past 20 years, explain reasons for same.
Answer
PSNI Legacy Investigation Branch has advised they have found no evidence of an external review
having been completed. Therefore there is no information held in relation to this request.
If you have any queries regarding your request or the decision please do not hesitate to contact me
on 028 9070 0164. When contacting the Corporate Information Branch, please quote the reference
number listed at the beginning of this letter.
If you are dissatisfied in any way with the handling of your request, you have the right to request a
review. You should do this as soon as possible or in any case within two months of the date of issue
of this letter. In the event that you require a review to be undertaken, you can do so by writing to the
Head of Corporate Information Branch, PSNI Headquarters, 65 Knock Road, Belfast, BT5 6LE or by
emailing
xxx@xxxx.xxx.xxxxxx.xx. If following an internal review, carried out by an independent decision maker, you were to remain
dissatisfied in any way with the handling of the request you may make a complaint, under Section 50
of the Freedom of Information Act, to the Information Commissioner’s Office and ask that they
investigate whether the PSNI has complied with the terms of the Freedom of Information Act. You
can write to the Information Commissioner at Information Commissioner’s Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF. In most circumstances the Information Commissioner
will not investigate a complaint unless an internal review procedure has been carried out, however
the Commissioner has the option to investigate the matter at his discretion.
Please be advised that PSNI replies under Freedom of Information may be released into the public
domain via our website @
www.psni.police.uk
Personal details in respect of your request have, where applicable, been removed to protect
confidentiality.