PROSECUTORS have upheld their decision not to take action against 24 Sinn Féin politicians who attended a huge funeral for a former IRA leader during the pandemic.
The Public Prosecution Service (PPS)initiated an internal review of the decisions after receiving three formal requests amid the intense controversy that followed its announcement no one would face court for the scenes at Bobby Storey's funeral last June.
Around 2,000 people lined the streets of west Belfast for the funeral at a time when strict Covid-19 rules on pubic gatherings were in place.
Among those in attendance were Sinn Féin members of the Executive - including deputy First Minister Michelle O'Neill - whose responsibility it was to set the regulations.
In their original decision prosecutors cited a lack of clarity around the health regulations and police engagement with the funeral organisers ahead of the event as the main reasons any case would be likely to fail
PPS senior assistant director Marianne O'Kane, who conducted the review assisted by a new independent senior counsel, said its test for prosecution has still not been met on evidential grounds.
She said there had been "a careful analysis" of events before and during the funeral "against the context of complex and fast-changing regulations".
"Both the lack of clarity and coherence within the regulations at that particular point in time, and the policing approach in the lead up to the funeral and on the day presented difficulties which the prosecution would not be able to overcome in the context of criminal proceedings."
However, she insisted "the basis for the decision is not that ignorance of the law is an excuse", but that the regulations themselves were "confused and incoherent".
"I can understand how difficult it is for many to reconcile the crowd scenes captured so publicly at the funeral of Mr Storey with the outcome that no prosecutions are directed for any breach of the Regulations," Ms O'Kane said.
"Whilst I appreciate concerns that what occurred was at least against the spirit of the law and public health guidance, the potential for prosecutions can only be assessed in light of the criminal law in force at the particular point in time."
She said there was no "reasonable prospect of conviction".
The prosecutor insisted the "new" decisions "were reached after a very careful, impartial and independent consideration of the relevant law and the available evidence".
Director of Public Prosecutions Stephen Herron, who oversaw the original decisions, said he wanted to "reassure the public that I listened very carefully to this debate and was sensitive to all views raised", but insisted it was `independent and impartial'.
"On occasions decisions may not be well received by some, depending on perceptions.
"However, my priority is to ensure that all decisions are taken with integrity, without fear or favour, following careful analysis of all the available evidence.
He added its "independence and need for objectivity in decision-making does not mean that we cannot recognise the depth of public feeling and hurt", particularly for those who faced restrictions when making funeral arrangements for their own loved ones.
