PPS will review Bobby Storey decision
The original findings stated all 24 Sinn Fein representatives would not be prosecuted for their attendance at the Republican’s funeral.
Last updated 1st Apr 2021
The Public Prosecutions Service has announced it will be reviewing its decision not to prosecute 24 Sinn Fein members over their attendance at Bobby Storey’s funeral on June 30 last year.
Around 2,000 people lined the stress of West Belfast despite Covid-19 restrictions on outdoor gatherings and funeral numbers being limited to 30 people.
The Director of Public Prosecutions, Stephen Herron, said yesterday (Tuesday) 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 the PSNI.
The PPS said it has since received a number of requests to review the decision including one from an elected representative on behalf of a member of the public.
In line with the procedure set out in the PPS Code for Prosecutors, this process will be carried out by a senior PPS lawyer who was not involved in taking the original decisions on this file.
This lawyer will be assisted by obtaining the advice of Senior Counsel who is independent of the PPS and was also not in any way involved in the original decisions.
A statement from the organisation reads: “As the Director of Public Prosecutions Stephen Herron indicated yesterday, it is recognised that significant sacrifices and compromises have been made by many families in abiding by both the spirit and letter of the Coronavirus Regulations.
“It is worth emphasising again that the lack of clarity and consistency within the Regulations (as outlined in the PPS decision rationale) referred to the specific point in time of this particular funeral, and should not undermine the value the Regulations have had overall in protecting public health or their enforceability at other times and in other circumstances”.
“We recognise that the prosecutorial decisions are one component part of more holistic concerns expressed recently, as is evident from media reporting and commentary.
“For the sake of clarity, further enquiry around why the Regulations were amended in short succession before and after the funeral or the conduct of police in engaging with funeral organisers will largely be beyond the scope of any prosecutorial review, save for any bearing they have on whether or not the Test for Prosecution is considered to be met.
“In terms of any request for further clarification of the PPS decision rationale which issued yesterday, we will not be in a position to provide further comment over and above our public statement given that a review of the decisions is to be conducted imminently.
It follows the decision to recall the Assembly at 12 noon tomorrow to discuss a motion brought forward by the SDLP, which reads:
“That this Assembly acknowledges the pain endured by families across Northern Ireland who have experienced loss during the Covid-19 crisis; expresses its sincere condolences to those who, in periods of trauma and loss, were unable to say goodbye to loved ones; further expresses its gratitude to those who have followed the public health guidelines and played their part in keeping their neighbours, communities and the health service safe; regrets the actions of those in positions of elected office who breached the Executive’s public health messaging and undermined efforts to prevent transmission of the virus; and condemns the deputy First Minister and the Minister of Finance for their actions which have caused immense hurt and undermined the Executive’s public health message.”
The NI Policing Board has also confirmed the public accountability session which was due to take place between 12:30- 13:30 tomorrow (Thursday) has been cancelled.
In a statement the organisation said it was due to the recalling of the Assembly and that the Board will now meet in a private session in the morning with the Chief Constable, Simon Byrne.
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