Ireland concluded the PSNI investigation into the 2016 indecent exposure allegation was inadequate and failed the complainant. Investigators identified several specific shortcomings in how officers handled the case.
- The prosecution file submitted to the Public Prosecution Service (PPS) contained incorrect and incomplete information: it stated Creswell was only known to police for motoring offences when he had a prior conviction for violent offending against a woman, and it wrongly said there was no outstanding evidence or other witnesses.
Consequences in the prosecution process
Because of the incomplete file, the PPS directed there was insufficient evidence to prosecute at that time, while noting the file could be resubmitted if Creswell were later interviewed. The Ombudsman said the omission of Creswell's previous violent conviction was material because indecent exposure is a non-contact sexual offence that can indicate a pattern of escalating sexual violence.
Creswell. Police had information suggesting he might be living in County Donegal and travelling to Northern Ireland, but officers did not contact An Garda Síochána to seek assistance. The complainant also did not receive adequate updates about progress.
Officers did take some steps: they attempted to phone Creswell, visited an address linked to him, made enquiries about his equestrian activities, and placed alerts on police systems about two vehicles connected to him.
The Ombudsman submitted a misconduct file recommending disciplinary action against the two officers for failing to properly investigate and for inadequate communication with the complainant. The PSNI decided to address the issues through measures intended to improve officer conduct rather than formal discipline. One separate allegation against another officer could not be fully investigated because that officer retired during the enquiry.
Nikki Davis, director of investigations at the Police Ombudsman, said police failed the complainant both as an individual and as a victim. The Ombudsman stressed that properly investigating sexual offences matters for victims' willingness to report and for preventing repeat offending.
Ombudsman's finding, saying the actions of the officers involved did not meet PSNI or victim expectations.