Journalist Patricia Devlin is continuing her civil legal action against the PSNI over claims officers failed to properly investigate a threat of sexual violence against her then baby child.
The Public Prosecution Service, following a review, has decided to not move forward with the prosecution of a man suspected of making the online threat in 2019.
Ms Devlin said she “feels just completely let down by the police and the system” after hearing the decision by the PPS to uphold the original decision not to prosecute.
“This is not about me but about my child,” said Ms Devlin, but adding she does fear the suspect remains a danger to others, herself and family.
The PPS said the decision was made as there was “no reasonable prospect” of proving before a court the suspect sent the message.
In September 2021, the Police Ombudsman concluded there was a “complete failure” by the PSNI to properly investigate the online threat.
Ms Devlin said the letter from the PPS for the first time stated in writing the suspect was first identified via intelligence. She believed for some years he was identified via telephone records.
In its letter, the PPS said an offence was committed as the message sent via social media was “offensive, obscene and menacing”. It was sent to her Facebook and signed in the name of the neo-Nazi group Combat 18.
Officers connected the number to a suspect through intelligence but this was inadmissible and of limited value in relation to any prosecution, the prosecutor said.
Ms Devlin said she was led to believe for a long time the individual “would be held to account” but that it “turns out not to be case”. She argues there will be a loss of confidence more broadly in reporting this sort of crime.
The journalist believes the fault lies with the initial police investigation and is continuing a legal action against the PSNI.
A PPS spokeswoman said: “All the available evidence submitted by police was carefully considered by a senior public prosecutor.
“We explored further lines of inquiry with police to assist in identifying the person who sent the message.
“While we determined that the message was grossly offensive and menacing contrary to the Communications Act 2003, it was determined that the available evidence was insufficient to link the reported person to the message."
Following a request for a review, it was again concluded the evidence was "insufficient to provide a reasonable prospect of conviction".
“We acknowledge that the content of the message was grossly offensive and will have been extremely upsetting and hurtful to the victim," the spokesperson added.
"We have engaged with the victim in this case to explain in detail the reasons for our decision not to prosecute and the outcome of the review.”
In her report, Police Ombudsman Marie Anderson described the threat made to Ms Devlin as “repulsive”.
Ms Anderson said it was "concerning that police failed to take measures to arrest the suspect at the earliest opportunity".
A review of the investigation found that "evidential opportunities" were missed in regards to police enquiries.
The PSNI was contacted.