THREE people will be prosecuted in connection with the singing of a song which contained offensive lyrics about the murder of Michaela McAreavey, the Public Prosecution Service (PPS) has announced today.
A total of seven individuals were reported to the PPS for consideration after a police investigation into footage of singing at an event hosted in a venue in Dundonald, County Down in May 2022 which was streamed live on social media.
"After careful consideration of all the evidence and information reported by the Police Service of Northern Ireland (PSNI) in relation to this matter, a decision has been taken to prosecute three individuals for the offence of “stirring up hatred” contrary to Article 9 of the Public Order (NI) Order 1987," the PPS stated.
Summonses will now be issued to the three individuals to appear at a Magistrates’ Court on a date yet to be fixed, the PPS confirmed today.
“The three individuals were investigated and reported by police as being amongst those who were captured in the footage engaging in the singing of a song which referenced the murder of Michaela McAreavey (nee Harte) whilst on honeymoon in Mauritius in January 2011,” the PPS explained, before adding that it was decided not to prosecute the remaining four suspects after it was concluded the “available evidence was insufficient to provide a reasonable prospect of conviction for any offence”.
Senior Public Prosecutor John O’Neill said: “The Test for Prosecution was applied carefully and impartially to the evidence reported in relation to each of the seven suspects investigated by police.
“After a thorough consideration of all evidence it was concluded that there is a reasonable prospect of conviction in relation to three of those reported.
“Accordingly, proceedings will soon be commenced.”
Mr O’Neill said the PPS had informed all relevant parties of the decisions today, including the McAreavey and Harte families.
“The footage captures lyrics which are a deeply offensive portrayal of a tragic and distressing event,” he added.
“I have informed the McAreavey and Harte families of the outcome of the PPS consideration of those reported and, where there was a decision not to prosecute, provided detailed written reasons.
“I have assured Michaela’s loved ones that a decision not to prosecute some of the reported suspects does not excuse poor or offensive behaviour on their part.
“Rather, it simply means that the evidence did not provide a reasonable prospect of convicting them of a criminal offence.”
