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Part of the reason for the decision is that some of 24 Sinn Féin suspects interviewed by police under caution claimed to be confused by the law which Sinn Féin voted through the Assembly, while private police engagement with SInn Féin also undermined the possibility of a prosecution, prosecutors said.

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 members of the public were restricted to having just 10 mourners at their funerals (upped to 30 just after Mr Storey’s funeral) under public health guidance 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 individuals investigated around the funeral would be prosecuted.

The PPS said: “The Director of Public Prosecutions recognises the high levels of public interest in the events surrounding the Storey funeral and the allegations that elected representatives may have been guilty of breaches of the Regulations.

“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 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 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 who it 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 detailed nine-page decision issued today, 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 Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020 put in place by Stormont – and enthusiastically supported by Ms O’Neill – restricted the population’s movement.

The law essentially reversed the historic freedom under British law for citizens to do anything unless it is expressly forbidden by law and replaced it with a general prohibition on all movement outside one’s home unless it was permitted by law.

The regulations set out several exemptions, with the relevant exemption for funerals stating 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 family member, or – if neither a member of the person’s household or close family members are attending, then attendance at a friend’s funeral was permitted.

Mr Storey’s family was present at his funeral. However, at the time some lawyers suggested that the law was poorly drafted and perhaps unenforceable, and the PPS decision appears to endorse that view, highlighting that multiple changes to the law potentially brought various parts of it into conflict with each other.

However, those regulations were enforced when it came to others. It was under that law that Black Lives Matter protesters were given fines by police – and a month before her own actions at the funeral, Ms O’Neill admonished those protesters that they were “spreading the virus and actually that’s killing people”.

This morning police confirmed that they are investigating potential breaches of pandemic restrictions after a walk in honour of Belfast teenager Noah Donohoe, whose body was found in a storm drain last June and whose death remains unexplained.

The Irish News reported that the event involved large crowds taking part in an impromptu walk from City Hall to Belfast Castle on Sunday and the PSNI said it was investigating “potential offences under the Public Processions Legislation and Health Protection Regulations”.

In today’s verdict, the PPS said that there had been “a series of engagements between Sinn Fein and senior police” prior to the funeral.

They said: “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.”

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 26 June – 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. The request for searches was agreed”.

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 Féin which made clear that there were positions for up to 94 persons in proximity to the Republican plot in Milltown cemetery - despite funerals being tightly restricted to 10 mourners.

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.” It concluded: “It was considered, however, 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.”   

The full PPS decision is online here

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In depth: Michelle O’Neill and top Sinn Féin members won’t be prosecuted for Bobby Storey funeral, partly because some suspects claimed to be confused by law SF passed