As Sinn Féin leaders escape sanction for endangering public health, IRA victim in court charged with covid breach in memorial to slain sister

In a legal decision which immediately led to widespread political dismay, the Public Prosecution Service said that one suspect told police there was a lot of confusion around the law restricting public gatherings during the pandemic.

In a nine-page decision setting out why not a single person at the funeral was even going to be cautioned, the PPS said that another unidentified Sinn Fein member described the law which the party’s ministers helped craft as “very dynamic and often ambiguous”.

Nowhere did the PPS indicate that it had taken into consideration that many of those at the funeral were Sinn Fein legislators who had made the law, and that Ms O’Neill had repeatedly explained the law to the public and chastised others who gathered in large groups telling them they were “killing people”.

As the PPS was announcing its decision in Belfast, IRA victim Julie Hambleton was in court in Birmingham attempting to defend herself against charges that she broke pandemic restrictions at an event to remember her sister who was slain in the Birmingham pub bombings.

Ms Hambleton, who for years has campaigned for justice for those murdered in the atrocity, refused to pay a £200 fine after taking part in an anniversary convoy to mark the bombings.

Miss Hambleton appeared alongside two other men at Birmingham Magistrates’ Court today, accused of attending a gathering “of more than two people” in breach of Covid-19 regulations.

All three were on the motor rally through Birmingham, on November 21 last year, to mark the 46th anniversary of the double IRA blasts, which claimed 21 lives, including that of Ms Hambleton’s older sister, Maxine.

It is alleged Ms Hambleton and the others contravened the rules outside West Midlands Police’s city headquarters at Lloyd House, where the convoy broke up.

Miss Hambleton, who leads the Justice 4 the 21 (J421) group, which campaigns for the Birmingham bombers to be brought to justice, denied any wrongdoing, entering a not guilty plea to the charge.

She has previously called the force’s decision to fine her and other campaign supporters “disgusting, tasteless and crass”.

A prosecution barrister told the court a trial was likely to hear from officers present on the day and be shown footage of police body-worn video cameras.

Speaking previously, Miss Hambleton said she did get out of her vehicle outside Lloyd House, but only to briefly thank people who attended and that she remained socially distanced, throughout.

She added that nobody from the force came out to warn those outside, and that the convoy of more than 500 people had complied with an earlier police request not to gather by a campaign mural in Bromsgrove Street.

Meanwhile in Belfast, the PPS said that police had acted in collaboration with Sinn Fein to plan the funeral, making it harder to prosecute suspects who could claim that because the police were aware of their behaviour and did nothing to stop it they had a reasonable expectation that it was lawful.

First Minister Arlene Foster called on Chief Constable Simon Byrne to resign – something which he quickly said would not be happening.

TUV leader and criminal QC Jim Allister said that the PPS decision was “pathetic”. He said it was wrong to claim that people could not understand the law, saying “it wasn’t too complicated for the many grieving families who understood perfectly – and obeyed – that they couldn’t have more than 10 at a funeral and they couldn’t have friends...but when it comes to Sinn Féin, the very people who made this law, the excuse is ‘oh, it’s too complicated to implement’. How ridiculous.”

The legal ramifications of today’s decision also began to emerge tonight. With the PPS casting doubt on whether the regulations were consistent or clear to the public, solicitors for several people who have been offered an informed warning – which carries an acceptance of criminal conduct – in relation to a funeral in east Belfast said they were concerned that “there has been a disparity in how these cases have been treated”.

Andrew Russell & Co Solicitors said they would be asking the PPS to review their decision in the light of what had been decided over the Storey funeral – potentially opening the door to multiple challenges of fines or warnings given out by police during the pandemic.

The PPS said that part of the reason for the decision not to prosecute the Sinn Féin members was that some of the suspects interviewed by police under caution claimed to be confused by the law which Sinn Féin voted through the Assembly.

Last June Ms O’Neill, Sinn Féin president Mary Lou McDonald, her predecessor Gerry Adams and thousands of others travelled to congregate for the funeral of Bobby Storey, the IRA’s head of intelligence.

Ms O’Neill was photographed getting a ‘selfie’ taken while stood beside two men, one of whom had his arm around her.

The event caused public fury and a political crisis because other the public were told they should only have 10 mourners at their funerals (upped to 30 just after the funeral) under public health advice put in place by Sinn Féin and the other Stormont parties.

However, despite that level of public concern, police did not even interview Ms O’Neill for more than five months after the event.

Today, ten months after the funeral, the PPS announced that none of the 24 elected Sinn Féin members investigated around the funeral would be prosecuted.

The PPS said: “That all individuals should be equal before the law is a cornerstone of a democratic society.

“In these circumstances, and in order to ensure maximum confidence in the PPS and the rule of law, the Director of Public Prosecutions has decided that it is appropriate for the reasons for these decisions to be made public.”

The PPS said that “a number of the suspects stated in interview that their understanding had been that the amendments on 29 June 2020 [the day before the funeral] permitted up to thirty persons, not members of the same household, to participate in an outdoor gathering.

“In addition, the point was made that their understanding of the purpose of the recent amendments was to remove the restriction on non-family members attending funerals and to allow friends to attend.

“One suspect claimed that the intention of the Executive was to increase social interactions and support networks and narrow the complexities for people gathering for different reasons in the period before the funeral.”

The PPS did not identify the individuals quoted, but said that one of those who attended the funeral claimed that “there was a high level of public confusion in relation to the regulations in force with another describing them as very dynamic and often ambiguous”.

In a nine-page decision, the PPS said: “During interview after caution many of the suspects also expressed their concern at the number of people who lined the cortége route and stated that it was not their intention to be part of a large gathering.

“Many were also aware of the earlier engagement by Sinn Fein with police to ensure effective policing of the funeral. A number noted the presence of police on the day and the absence of any indication that their actions were not compliant with the regulations.”

At the time of the funeral, the restrictions put in place by Stormont – and enthusiastically supported by Ms O’Neill – restricted the population’s movement. The regulations set out exemptions, one of which said that it was lawful to travel to a funeral – but only if it was a funeral of a member of one’s household, a close relative, or – if neither a member of the person’s household or close family members are attending, then the funeral of a friend. Mr Storey’s family was present at his funeral.

However, at the time some lawyers suggested that the law was poorly drafted, and the PPS decision appears to endorse that view, highlighting that multiple changes to the law potentially brought various parts of it into conflict.

However, the law was enforced with others, including Black Lives Matter protesters.

The conclusion to the PPS’s statement sets out its summary of the reasons why it believed prosecutions could not be brought against any of the 24 Sinn Fein suspects.

It said: “It was considered ... that, having regard to all of the relevant facts and circumstances, each of the reported individuals would be able to avail of the defence of ‘reasonable excuse’.

“Those facts and circumstances included the following: (i) The participation of the reported individuals in the funeral cortéges was permitted by Regulation 6A (see stages “a” and “c” at paragraph 10 above).

“The fact that large crowds gathered to watch did not make participation unreasonable in circumstances where efforts had been made to limit those formally participating to 30 persons.

“Put another way, it was considered that a court was likely to find it reasonable for those within the cortége to continue to participate as planned, even if the observers were considered to be part of the same gathering such that the limit of 30 persons had been breached.”

Today Michelle O’Neill repeated that she was “sorry for the hurt that has been caused to so many, including to Bobby Storey’s own family who have been thrust into the headlines at a time of immense grief”.

However, the deputy first minister did not accept that anything she had done was wrong or apologise for her actions.

PSNI knew huge crowds gathered at Storey wake

The PSNI was aware that huge crowds had gathered at a wake for Bobby Storey – held against public health advice – and that the plan for the funeral would involve large numbers of people, the PPS has revealed.

Today’s PPS document sets out high-level planning between Sinn Fein and the PSNI, saying that there had been “a series of engagements between Sinn Fein and senior police” prior to the funeral.

They said that “police were aware, no later than 23 June 2020, that the senior Sinn Fein official who engaged with police in relation to the arrangements for the funeral intended to attend himself” even though he was not a relative.

The PPS also revealed: “By 26 June 2020 it was understood that the funeral would be a high-profile event that would be attended by a range of senior republican figures and would attract significant media interest.

“The PSNI Gold Strategy made reference to the functions of police and the need to ‘facilitate the funeral arrangements … in a dignified manner which takes into account the wishes of the family, is sensitive to his community and which does not significantly compromise public health in the current pandemic situation’.”

Also on June 26 – four days before the funeral – police requested a meeting with the lead Sinn Fein organiser in order to ensure “a good mutual understanding of the plan from both perspectives and how we [PSNI] can support and ensure consistent messaging”.

The PPS also revealed that Sinn Fein “requested police assistance in conducting searches on the grounds that all of the senior Sinn Fein leadership would be attending the funeral”.

That same day, police were aware that 400 people were visible in the area of the Storey home but decided not to intervene “following a discussion with the lead Sinn Fein organiser in which police were advised that stewards were in place to encourage social distancing”.

Police were then given a detailed plan by Sinn Fein which made clear that there were positions for up to 94 persons in proximity to the republican plot in Milltown cemetery – despite restrictions on public gatherings.

The PPS 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.”

SDLP to recall Assembly as parties unite against SF

The SDLP tonight tabled a motion to recall the Assembly from its Easter recess to discuss a motion of censure in Michelle O’Neill and Conor Murphy.

The motion “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 Finance Minister for their actions”.

SDLP leader Colum Eastwood highlighted how many families – including that of John Hume – had respected the rules around funerals but that “the Sinn Féin leadership decided that the pleas we made to the public did not apply to them”.

DUP leader Arlene Foster said “the position of the Chief Constable is now untenable and I am calling on him to resign” but would not say if she will refuse to appear alongside Ms O’Neill.

UUP leader Steve Aiken described the decision as “regrettable, but not unexpected” and “with potentially serious repercussions for public confidence”.

Alliance MP Stephen Farry said that Ms O’Neill “needs to issue an unreserved public apology” because “Sinn Féin flaunted the rules on this occasion”. He added: “Whilst the credibility of some politicians is in tatters, people should continue to follow the advice from respected medical and scientific leaders, and realise if they breach the regulations, they will only end up hurting themselves or their loved ones.”