Chief Constable refuses three times to say if PSNI helped plan Bobby Storey funeral - Jim Allister accuses him of hiding behind PPS without legal justification - Sean Graham Bookmakers memorial row

Chief Constable Simon Byrne has repeatedly refused to give any indication as to whether the PSNI were involved in helping plan the Bobby Storey funeral in west Belfast, which has been the subject of a major investigation into alleged breaches of Covid-19 regulations.
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Mr Byrne claimed he could not answer the question as a file was with the Public Prosecution Service, but TUV leader Jim Allister, a criminal law QC, claimed the Chief Constable was “hiding behind” the PPS and is legally entirely at liberty to answer the question, as the police investigation into the matter is closed.

Mr Byrne also said that trying to compare the 5.5 months it took to interview Sinn Fein over the funeral with the 24 hours in which he suspended one of his own officers in relation to an arrest at a loyalist masacre on Friday was not comparing like with like.

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Mr Byrne was speaking in an extended interview with the Stephen Nolan Show which was broadcast this morning.

The PSNI chief constable Simon Byrne.The PSNI chief constable Simon Byrne.
The PSNI chief constable Simon Byrne.

He was speaking after a tense few days, when one of his officers arrested a survivor of a UDA massacre of five people on the Ormeau Road on Friday, at a commemoration gathering.

Mr Byrne held a press conference on Saturday to apologise for the actions of his officers and to announce that one officer involved had been suspended and another placed on different duties.

But Stephen Nolan put it to Mr Byrne today that the febrile atmosphere over policing controversial public events in recent days - such as the PSNI response to a UVF show of strength in east Belfast in recent days - could be linked back to police handling of the funeral of senior republican Bobby Storey in west Belfast in June last year.

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Critics claimed the massive republican funeral attended by senior Sinn Fein figures breached Covid-19 regulations - something the party strongly rejected. But the PSNI brought in an outside force to investigate the claims and it was later confirmed that police did not interview key participants, including senior Sinn Fein figures, until 5.5 months later.

Mr Nolan put it to the Chief Constable: “So here is your opportunity today to nail this. So big question, were the police involved in any way in the planning of that funeral with Sinn Fein? Mary Lou McDonald has said it was meticulously planned, ACC Alan Todd said it wasn’t. Were the police involved in any way in the planning of that funeral?”

Mr Byrne replied: “Well I think we have to remember what the comments of Alan Todd were, and I think, because we now have a file with the public prosecution service, it wouldn’t be appropriate for me to comment any further, so I can’t prejudice their determinations, because like other things you have talked about we have to see this in the round. The facts will come out soon once the Public Prosecution has made their decision.”

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But Mr Nolan said the answer would not prejudice an investigation.

“The fact that we are in this hotbed  of a situation in Northern Ireland and our Chief Constable cannot tell us, ‘no we did not pre plan the breaching of coronavirus regulations in Northern Ireland’. So did you or didn’t you?”

Mr Byrne again declined to reveal any facts.

“Well again, you might find this incredulous that I either can’t or won’t answer the question Stephen but I have to respect now that there is a due process in place on this occasion with the Public Prosecution Service and given the huge amount of public interest in that funeral, I don’t want to do or say anything that prejudices that and throws anything off course,” he replied.

“In the due course of time you will have the facts and the public of Northern Ireland will be able to make their own judgements about what we and others did.”

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But Mr Nolan insisted that the facts could not prejudice the PPS case.

“The facts are the facts and the public of Northern Ireland when they are being asked to respect the law would like to know if their police force coordinated and handed over to whatever degree control of our city to Sinn Fein. Did you or didn’t you?”

But Mr Byrne again refused to say either way.

“Well again, I do accept entirely that this is a question on people’s lips and I am not trying to dodge it but I have to respect the whole scope of events from start to finish is something the public prosecution service will have to consider and I don’t want to say something that is premature that throws this whole case down the river because that would be aq bigger outcry,” he said. “So I do appeal for patience. I do understand the public sentiment but you just have to trust my judgement.”

Mr Nolan put it to him that it took police 5.5 months to interview Sinn Fein about the funeral but when one of his own officers was investigated over the Ormeau Road arrest  “you can look at video footage and make a decision within 24 hours, when it is Sinn Fein you don’t go anywhere near them for 5.5 months”. He added: “How do you think the unionist community feels about that?”

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Mr Byrne replied: “Well whilst respecting people’s feelings we are comparing apples and pears here. All we have done in the recent events in Ormeau Road is look at video evidence and make a determination about apparent and alleged officer behaviour.

“In relation to the Storey funeral investigation that involved an examination of far larger volumes of material but a patient and careful examination analysis by the senior investigation officer about what was done and an investigation strategy that was fair, balanced and proportionate. I know sometimes in the court of public opinion, time and delay doesn’t make sense but we have to work within the rules...”.

But TUV leader Jim Allister said he found Mr Byrne’s interview “entirely unconvincing”.

He added: “He can’t face both ways on this issue, that he suspended an officer because he didn’t live up to the values of the PSNI, whatever they today are - and then at the same time say he is making no judgement and he is not prejudging. He patently has, he has thrown that officer under the bus and why? Because he is in the business - as he was with the Storey funeral - of pandering to forces that will never be satisfied. 

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“Here am I, an elected representative of the unionist community. I am still waiting for an apology for offending the values in relation to the Storey funeral. But obviously the sensitives of the unionist community don’t matter a whit and he still seems to duck and dive over that funeral.

“When you asked him a straight question about whether the PSNI collaborated with Sinn Fein in the organising of that funeral he ducked and dived, he wouldn’t answer, he disingenuously hid behind the PPS. The police investigation is over. There is no investigation to prejudice. The independent PPS will now make a decision.

“So he was setting up a straw man in terms of saying ‘I can’t comment on this’ because it is with the PPS. He could have answered the straight question -was the Storey funeral a Sinn Fein claimed, meticulously organised with Sinn Fein?”

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