POLICE Ombudsman Marie Anderson has been asked to investigate the PSNI handling of a paramilitary show of strength in Derry for hunger striker Michael Devine.
Police had a "significant" presence in the Galliagh area last Friday when up to 10 shots were fired in the air by masked gunmen.
Mr Devine was the last of hunger strikers to die in 1981.
Superintendent Catherine Magee revealed officers anticipated a possible show of strength following a similar incident in May at a commemoration for Patsy O'Hara.
DUP assembly member Trevor Clarke has now asked the ombudsman's office to investigate what he described as the police failure to intervene.
Mr Clarke, who is also a member of the Policing Board, claimed the show of strength was carried out by the INLA which has been on ceasefire since 1998.
"The decision not to enforce the rule of law at this terrorist display – despite officers being aware of the likely threat – casts a dark shadow over the PSNI’s commitment to treating all communities and all crime in a fair and even-handed way," he said.
"The PSNI approach to this incident stands in stark contrast to the recent crackdown on those attending Protocol protests as well as the activities of street preachers."
A spokesman said the ombudsman's office had not received any public complaints about the incident. However, he said the office would “give consideration” to the representations made.