Kenova investigation: PPS director rejects 'unfair and damaging' claims by DUP justice chair

PPS Director Stephen Herron said statements made by politicians which “fail to accurately reflect the evidence based decision-making processes within the PPS” are wholly unfair and risk unnecessary damage to public confidence.

Mr Herron was responding to criticism of the organisation by DUP MLA Joanne Bunting.

The East Belfast MLA said: ‘‘I find it astonishing that the PPS has failed to deliver any prosecutions in connection with Operation Kenova.

“Almost £40m of taxpayers’ money has been spent bringing these cases. It has taken the investigation many years to complete and almost as long for the PPS to reach a determination in some cases. Despite this, the end result for every family has been the same - justice denied and no day in court.

“This outcome is galling when we consider how widespread the infiltration of the republican movement was by the security services. If the PPS is unwilling to bring a single prosecution despite Kenova lifting the veil on the criminal underworld of the Provisional IRA, it has a corrosive effect on our justice system going forward.

“Dismay at the latest decision will be felt acutely in unionist communities, where there is already a perception that the PPS has been overzealous in pursuing bandsmen and dying loyalists.

“This approach stands in stark contrast to the decision not to prosecute senior members of Sinn Fein in connection with the Bobby Storey funeral or other nationalist politicians who took part in un-notified parades.

“The PPS must be beyond any suggestion of being unbalanced and be able to demonstrate that justice is blind.

“Political expediency must never play any part in the decision to prosecute, otherwise it runs the risk of inheriting the mantle of two-tier justice that has engulfed the PSNI.’’

But the Public Prosecution Service’s director Stephen Herron said “The PPS is entirely independent. We act impartially, and in the interests of justice at all times. In line with our statutory role, all decisions are taken without fear or favour and are completely free from any political consideration or influence.

“The reasons for this in Northern Ireland are obvious. Prosecution decisions are often viewed from the perspective of the particular community that a politician represents. There is no imbalance in prosecution decision making and to seek to politicise the PPS undermines our statutory independence which was a deliberate construct of the Criminal Justice Review following the signing of the Good Friday/Belfast Agreement.

“Statements made by politicians, where they fail to accurately reflect the evidence based decision-making processes within the PPS and the openness and transparency in the public reasons we provide, are wholly unfair and risk unnecessary damage to public confidence.

“I welcome direct and open dialogue with the Justice Committee and will be happy to explain our role, processes and impartial approach to decision making in person. I will also be writing to the Chair to invite Members to visit the PPS to see first-hand the work we do on behalf of the whole community.”