WATCH: No prosecution to be made over Bobby Storey funeral
Arlene Foster calls for Chief Constable to resign following decision
Last updated 30th Mar 2021
The Public Prosecution Service has decided not to bring forward prosecutions against 24 elected representatives reported to the PSNI for alleged coronavirus regulation breaches at the funeral of Bobby Storey.
Around 2000 mourners lined the streets of Belfast for the event last June despite strict limits on public gatherings at the time.
The attendance of Deputy First Minister Michelle O'Neill and other senior Sinn Fein members was largely seen to damage Stormont's Covid-19 public health messaging and sparked a major political row.
The Director of Public Prosecutions Stephen Herron said the prosecution could not prove any breach of the Regulations to the required standard.
He said there were two main reasons they decided not to prosecute.
The first was the lack of clarity and coherence within the Regulations, he said it had become "extremely difficult to navigate" because of various amendments.
The second was the prior engagement between organisers and police.
A statement on the PPS’ findings said, “Having carefully considered the available evidence and the advice received from Senior Counsel, it was concluded that there was no reasonable prospect of conviction in respect of any of the reported individuals and that therefore the Evidential Test for Prosecution was not met.”
“In those circumstances the Public Interest Test for Prosecution did not fall to be applied.”
Meanwhile, the First Minister has called for the police chief to quit following the decision.
Arlene Foster described PSNI chief constable Simon Byrne's position as "untenable''.
Deputy First Minister Michelle O'Neill was among 24 interviewed by police over the scenes at the funeral in west Belfast in June.
DUP leader Mrs Foster said the confidence of the public cannot be rebuilt with Mr Byrne heading the police force.
She added: "The engagement between the PSNI and the funeral organisers is a factor in no prosecution being made.
"This is inexplicable.
"That the police assisted in breaking the law is fundamental and requires further examination.
"If any senior officer is identified as having approved of or contributed to that decision-making process, then all those senior officers' positions are untenable.
"For our part we will be examining all routes for a further independent examination of all the events of June 30.
"When what was seen by everyone is not seen by the justice system, the situation has become absurd.
"The role of the PSNI on the day has been a determining factor.
"This creates a crisis of confidence that goes to the highest levels of the police.
"he public interest has not been served throughout and compliance to our health regulations fundamentally undermined by Sinn Fein's and the PSNI's behaviour from that day to this.''
Mr Byrne later said he will not step down, adding: "I stand behind the actions of the senior officers in the planning of this operation.
"It's entirely consistent with our training and good practice and indeed, were I to go, it would undermine our future planning at any event like this because we are trained to engage and to encourage people's behaviour.''
Asked whether he believed the PSNI was being scapegoated, Mr Byrne said: It's an easy accusation to make. I think it's a shame that people have lost their judgment so quickly.
From the outset we tried to police this funeral to the best of our ability. When we saw there were breaches, in our view, we started an independent and impartial investigation and we put the evidence before PPS.
The issue here that has caused so much furore seems to ignore the fact, in the view of the PPS, unequivocally, it was the out workings of confusion around the law that torpedoed this prosecution.''