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A decision not to prosecute more than 20 Sinn Féin figures who attended the funeral of veteran republican Bobby Storey during Covid-19 restrictions has been upheld.
The North’s Public Prosecution Service (PPS) carried out an internal review into its decision in March not to prosecute 24 individuals at the 2,000-strong gathering in Belfast last June for alleged breaches of public health restrictions.
It was carried out by a senior PPS lawyer not involved in the original decision, who was advised by an independent barrister.
Marianne O’Kane, PPS senior assistant director, said her review found it was not possible to prove any breach of the regulations to the required standard.
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“This is on the same basis as the original decisions,” she said.
“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.”
Ms O’Kane said she can “understand how difficult it is for many to reconcile the crowd scenes captured so publicly at the funeral” with the decision of prosecutors.
“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 added.
“The PPS can only commence a prosecution when there is a reasonable prospect of conviction, and that threshold was not reached in this case.”
The review was launched after three formal requests to re-examine the decision not to prosecute “a group of elected representatives reported by police for consideration of potential offences under the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020”, the PPS said.
The North's Director of Public Prosecutions Stephen Herron said the review was carried out because of the high level of public interest in perceived breaches of the regulations by individuals in a position of responsibility.
“I recognise the sacrifices that have been made by many in seeking to adhere to the Coronavirus regulations and public health guidance,” he said.
“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.”
Earlier this month, the North’s Minister of Justice Naomi Long said there was “no substantive rationale” for a further judge-led inquiry into the funeral after calls by the Ulster Unionist Party leader Doug Beattie for a “short, sharp inquiry” to address “gaps in knowledge” over the police handling of the controversy.
A report into the affair by UK policing watchdog Her Majesty’s Inspectorate of Constabulary (HMIC) also found that prosecutors were right not to pursue legal action against Sinn Féin politicians for allegedly breaching regulations by attending the funeral.
It found there was “no realistic prospect of them being convicted” and that the PSNI had prioritised public security over enforcement of the public health regulations “without biasing one community over another”.
Call for apology
The Democratic Unionist Party called on Sinn Féin leaders Mary Lou McDonald and Michelle O’Neill to apologise for the party’s large presence at the funeral.
MLA Mervyn Storey, who sits on the North’s Policing Board watchdog, said Sinn Féin was to blame for a “blatant undermining” of public health messaging during the pandemic.
“They organised, promoted and attended the procession and the political rally in Milltown cemetery,” he said. “Yet, they still refuse to apologise.”
Mr Storey said many people did not attend funerals of friends during the restrictions “out of respect for the rules and their neighbours”.
“It is time Michelle O’Neill and Mary Lou McDonald apologised for their party’s actions,” he added.
“Whilst the PPS says the rules were confusing, the general public, whether in relation to their sports clubs, visiting their families, churches, weddings or their loved one’s funeral, were able to understand the rules.”
Mr Storey, who takes over as chair of Stormont’s Justice Committee next week, said he will be questioning the PPS further about the controversy “as there remains unanswered questions.”
“There cannot be one rule for Sinn Féin MLAs and another rule for the rest of us,” he said.