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PRC-UTE
20th April 2007, 19:38
Family under attack turned on by police - claim


Freya McClements

The Police Ombudsman is to investigate a complaint that members of a Derry family were struck by a police officer after phoning for help because they were being attacked by a group from the Fountain Estate.
John Kavanagh has claimed that the police allowed the attackers to go back into the Fountain and then an officer hit him and his daughter Orla while attempting to arrest Orla's boyfriend at the scene.
He told the 'Journal': "Being attacked was one thing but for the police to come out and do it all over again... they're trying to get the police accepted, but how can you accept that? Don't look at us and feel sorry for us. Look at us and think, this could happen to you."
Foyle MP Mark Durkan has described the incident as "terrifying and traumatising" for the family and others involved, and said the actions of the police had to be thoroughly investigated.
The PSNI confirmed that an allegation had been made that a member of the family had been assaulted by a policeman.
"That allegation will be the subject of a full and impartial investigation by the Police Ombudsman's office."
The spokesman said they were following a definite line of inquiry in relation to an individual alleged to have been involved in the initial incident.
John and Paula Kavanagh and their children Orla (1Cool and John (15) were among a group of people who came under attack from the Fountain estate as they made their way home through Bishop's Gate in the early hours of Saturday morning. They had been celebrating Orla's birthday at a party on Shipquay Street.
"Suddenly there was this big ruction up at the gate," explained Paula. "All we could see was men coming through the gate. They weren't boys - they were men. Everything was blind panic - they just came out of nowhere, throwing bottles, bricks, stones.
"They came towards us, and one man ran straight at Orla with his two fists straight out at her. He punched her on the throat, and sent her flying back."
Orla's father John said his daughter had been trying to stop the violence when she was hit.
"She was saying, 'It's my birthday, please just let us go home', and he hit her on the neck."
Shocked
Paula called the police, but the family was shocked by their response.
"Two jeeps arrived," explained John. "One group of police ushered the men back into the Fountain, and the others came over towards us. One policeman in particular jumped out and drew his truncheon, and went over to Orla.
"There was a lot of commotion. He was trying to arrest her boyfriend for disorderly behaviour and she got between the two of them, and he hit her twice on the leg with his truncheon.
"I saw what happened and came flying down towards her, but the policeman pushed Orla out of the way and hit me on the cheek. I said to the policeman, 'You're assaulting me, you're using excessive force here'.
"We were the people being attacked, but the police were trying to arrest us. Most of the police were ok - there was one in particular who tried to do everything he could - but in general they were quite aggressive towards us. The message to our attackers from the police was that they can get away with it."
Orla, an A-level student at Lumen Christi, hasn't been at school since the attack, which left her with muscle damage to her neck and injuries to her leg.
The Kavanaghs have made a formal complaint to the Police Ombudsman about two police officers.
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POLICE are to investigate claims that unauthorised individuals might have access to keys used to lock a security gate at a notorious sectarian flashpoint in Derry's city centre.
John Kavanagh, who along with his wife and two children came under attack from the Fountain Estate in the early hours of Saturday last, allege that their attackers locked the gate - connecting the Fountain Estate and Bishop Street - behind them as police pushed them back into the estate.
"If they do have the key to that gate, if there is an element that can come out and attack as they see fit, it needs to be highlighted to others," Mr Kavanagh told the 'Journal'.
Fountain resident and Board member of the West Bank Initiative, Alistair Simpson, said the gate - used for pedestrian access - "should have been locked" at the time of the attack.
"This really surprises me," he said. "We have an agreement that the gate is locked from around 9 p.m. onwards, and I can't understand why it wasn't locked. The police are the only ones who have a key - and I can guarantee that. If someone else has one, it needs to be taken off them immediately."
Mr Simpson - a former governor of the Apprentice Boys - said he intended to raise the matter at the next meeting of the West Bank Initiative.
A spokesperson for the PSNI said the pedestrian gate into the Fountain "was not locked by police on the night in question."
"Police have keys to the gate, but it is not locked on a routine basis. We keep this situation under review. We would, obviously, be concerned if there is a suggestion that unapproved persons have access to keys and we will look into this matter.

http://www.derryjournal.com/viewarticle.as...ticleID=2718701 (http://www.derryjournal.com/viewarticle.aspx?ArticleID=2718701)