A decision by the Public Prosecution Service (PPS) that recommended no prosecutions of 24 individuals in connection with attendance at the funeral of Bobby Storey for alleged breaches of Covid-19 regulations has been upheld.
The PPS initiated an internal review process after receiving three formal requests to reexamine decisions taken in relation to the group of elected Sinn Féin members, including Deputy First Minister Michelle O'Neill who attended the funeral on 30th June 2020.
The attendance of Sinn Féin leaders at the funeral and a subsequent memorial event at nearby Milltown Cemetery sparked a major political row at Stormont, with the republican party accused of disregarding rules they set for the rest of society.
Ms O’Neill, party president Mary Lou McDonald, former president Gerry Adams, Stormont Finance Minister Conor Murphy, TD Pearse Doherty, Policing Board members Gerry Kelly and Linda Dillon, and MLA Martina Anderson were among senior republicans who attended.
It is understood the police files considered by the PPS did not feature individuals resident in the Republic.
Breaches of Covid-19 regulations are summary offences which are punishable by fines.
PPS Senior Assistant Director Marianne O’Kane, who conducted the reviews, said that she came to the conclusion that there were two key factors in the evidence not providing a reasonable prospect of conviction in the event of pursuing prosecutions.
These factors were a lack of clarity and coherence within the Regulations in place on the exact date in question, and the nature of engagement between organisers and the Police Service of Northern Ireland (PSNI) in advance of the funeral.
“I have completed the process of taking a new decision in respect of all 24 individuals reported in connection with alleged breaches of the Coronavirus Regulations in place on the 30th June 2020,” she said.
“My consideration of this matter was conducted independently of the original decision-making team within the PPS. It involved a careful analysis of events leading up to Mr Storey’s funeral and on the day, against the context of complex and fast-changing Regulations.
“Having taken into account the advices of both the original Senior Counsel and a second Senior Counsel who was instructed to advise at review stage, I have concluded that the Test for Prosecution is not met on evidential grounds. This is on the same basis as the original decisions. 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.
“I should add for clarity that the basis for the decision is not that ignorance of the law is an excuse. Rather, the point is that the Regulations themselves were confused and incoherent and that this posed a particular difficulty in the context of an offence where a defence of reasonable excuse is provided.”
The Director of Public Prosecutions Stephen Herron, who was not involved in the review process having overseen the original decisions, emphasised that Ms O’Kane, assisted by advice from Senior
Counsel, had independently conducted a fresh consideration of the file.
“The decisions issued by the PPS on 30th March 2021 prompted an intense public and political debate which understandably raised questions about the effective and fair application of the rule of law,” Mr Herron said.
“I want to reassure the public that I listened very carefully to this debate and was sensitive to all views raised. The PPS exercises a quasi-judicial function by independently and impartially applying the Test for Prosecution.
“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.
“We have clear decision-making processes and review procedures, as set out in our Code for Prosecutors. Those processes have been followed at all times throughout our consideration of the individuals reported in connection with this funeral.
“Our independence and need for objectivity in decision-making does not mean that we cannot recognise the depth of public feeling and hurt. I recognise the sacrifices that have been made by many in seeking to adhere to the Coronavirus Regulations and public health guidance. Those sacrifices have been most painful for many families who faced restrictions when making funeral arrangements for a loved one. I hope people can take some comfort in having made an important contribution to curbing the spread of Covid-19.”
