By Rebecca Black, Cate McCurry and David Young, PA
Northern Ireland’s First Minister has called for the police chief to quit following a decision by the Public Prosecution Service not to prosecute those who attended the funeral of senior republican Bobby Storey.
Arlene Foster described PSNI chief constable Simon Byrne’s position as “untenable”.
It comes after the PPS said that no prosecutions have been recommended over alleged breaches of Covid-19 regulations last year at the funeral of the senior republican.
Northern Ireland’s deputy First Minister Michelle O’Neill was among 24 interviewed by police over the scenes at the funeral in west Belfast in June.
DUP leader Arlene Foster said the confidence of the public cannot be rebuilt with Mr Byrne heading the police force.
She added: “The engagement between the PSNI and the funeral organisers is a factor in no prosecution being made.
“This is inexplicable.
“That the police assisted in breaking the law is fundamental and requires further examination.
“If any senior officer is identified as having approved of or contributed to that decision-making process, then all those senior officers’ positions are untenable.
“I have already spoken with the Secretary of State and with serious questions remaining for Belfast City Council, the PSNI and the Sinn Fein leadership, I intend to meet with him.
“For our part we will be examining all routes for a further independent examination of all the events of June 30.
“When what was seen by everyone is not seen by the justice system, the situation has become absurd.
“The role of the PSNI on the day has been a determining factor.
“This creates a crisis of confidence that goes to the highest levels of the police.
“The public interest has not been served throughout and compliance to our health regulations fundamentally undermined by Sinn Fein’s and the PSNI’s behaviour from that day to this.”
First Minister Arlene Foster has called on the PSNI Chief Constable Simon Byrne to resign
However, the PSN Chief Constable Simon Byrne said he will not step down following calls om the DUP leader to resign.
“I stand behind the actions of the senior officers in the planning of this operation,” Mr Byrne added.
“It’s entirely consistent with our training and good practice and indeed were I to go, it would undermine our future planning at any event like this because we are trained to engage and to encourage people’s behaviour.
Asked whether he believes the PSNI is being scapegoated, Mr Byrne said: “It’s an easy accusation to make. I think it’s a shame that people have lost their judgment so quickly.
“From the outset we tried to police this funeral to the best of our ability. When we saw there were breaches in our view, we started an independent and impartial investigation and we put the evidence before PPS.
“The issue here that has caused so much furore seems to ignore the fact in the view of the PPS, unequivocally, it was the out workings of confusion around the law that torpedoed this prosecution.”
PSNI Chief Constable Simon Byrne has defended his handling of Bobby Storey’s funeral last June
— Q Radio News (@qnewsdesk) March 30, 2021
It comes after the PPS confirmed none of the 24 elected Sinn Fein members accused of breaching coronavirus rules will face prosecution, prompting calls for his resignation by the FM pic.twitter.com/hnVHwo5qzF
PSNI chief constable Simon Byrne said the decision of the PPS does not change his view that the large number of people that attended Bobby Storey’s funeral was “unnecessary, irresponsible and insensitive”.
“The policing of a large funeral in a Covid pandemic was always going to be a challenge,” Mr Byrne added.
“Using force to prevent the funeral was never going to work, nor indeed would it be justified or proportionate.
“The PPS did say we engaged with organisers, but despite public furore, no deals were done.
“We did not turn a blind eye.
“It is also clear that overall, the prosecution outcome would not have been different even if our approach had been, given the complexities in the regulations at the time.”
The PPS director of public prosecutions Stephen Herron said he acknowledged “widespread public concern” around events on June 30 2020.
However he said the regulations had become “extremely difficult to navigate” with 10 different amendments.
“Prosecutions can only be brought where the available evidence provides a reasonable prospect of proving, beyond reasonable doubt, a breach of the criminal law,” he said.
“As a result of the factors considered we have concluded that the prosecution could not prove any breach of the regulations to the required standard.”
Ms O’Neill said she has “worked tirelessly” to rebuild trust with the public.
“I wish to say again today that I am 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,” Ms O’Neill said.
Deputy First Minister Michelle O'Neill was among 24 Sinn Fein elected representatives who attended the funeral of Bobby Storey
“Over the past nine months, I have worked tirelessly to rebuild trust with the public and I continue to work every day to navigate us all through this unprecedented crisis.”
Speaking outside Stormont, Ms O’Neill added: “I really regret that so many families have had their grief compounded over the course of the last year.
“I am really sorry that any family had their grief compounded as a result of the outworking of Bobby Storey’s funeral.
“I always regretted that the public health message was in any way diluted.
“That would never be my intention, to compound hurt or dilute the public health message.
“There is no doubt that during this pandemic we have seen laws and legislation at break-neck speed and there will be plenty of time for reflection on all of that.
“If you take a period of three months, the regulations on funerals changed eight or nine times.
“So you can see the complexity of the situation we are dealing with.”
The PPS also announced decisions around three other funerals, including an intention to prosecute two individuals in connection with the funeral of Francie McNally in Co Tyrone in April 2020.
The PPS said it will offer a diversionary disposal to one individual reported in connection with attendance outside the home of a recently bereaved family in west Belfast in April 2020, and diversionary disposals to six suspects reported in connection with attendance at a funeral in east Belfast in early June 2020.
Breaches of Covid-19 regulations are summary offences which are punishable by fines.
The funeral of former IRA leader Mr Storey has been one of the most controversial events of the coronavirus pandemic in Northern Ireland.
More than 1,000 people lined the streets for the funeral procession at a time when strict limits on such events were in place.
The attendance of Sinn Fein leaders at the funeral and a subsequent memorial event at nearby Milltown Cemetery sparked a major political row at Stormont, with the republican party accused of disregarding rules they set for the rest of society.
Ms O’Neill, party president Mary Lou McDonald, former president Gerry Adams, Stormont Finance Minister Conor Murphy, TD Pearse Doherty, Policing Board members Gerry Kelly and Linda Dillon, and MLA Martina Anderson were among senior republicans who attended.
It is understood the police files considered by the PPS did not feature individuals resident in the Irish Republic.
Mr Storey was not buried at Milltown but was instead cremated at Roselawn Cemetery on the other side of Belfast in a separate event which generated its own controversy.
The Police Service of Northern Ireland commissioned Mark Webster, Deputy Chief Constable of Cumbria Police, to oversee its investigation into the events around the funeral.
Commanders sought external direction as those who attended the funeral included Sinn Fein members of the Policing Board, which is the police’s oversight body.