Black Lives Matter: Derry protestors will not be prosecuted

The Public Prosecution Service has today issued decisions not to prosecute suspects reported in connection with attendance at last year’s Black Lives Matter protest in Derry.

Last week the Derry News revealed that prosecutions were still hanging over three individuals in the city almost one year on.

The PSNI had submitted three files to the Public Prosecution Service (PPS) relating the Black Lives Matter (BLM) rally at Guildhall Square on June 6, 2020.

On the day local police officers in Derry also issued 57 fines for breaches of the Coronavirus Health Protection Regulations.

The anti-racist protest was organised in direct response to the murder of black American man George Floyd on May 25, 2020.

One of the individuals facing prosecution in Derry was the founder of North West Migrants Forum, Lilian Seenoi-Barr.

Speaking this afternoon, she said: “Of all the hardships a person had to face, none was more punishing than the simple act of waiting.

“People of Minority Ethnic backgrounds deserve better.”

A total of 14 suspects were reported to the PPS for consideration of potential offences under the Coronavirus Regulations at one or more of three BLM protests held in Derry and Belfast last summer.

The PPS said that after ‘careful consideration of all evidence’ reported by the PSNI on six files relating to the 14 individuals, it was concluded that the Test for Prosecution was not met in respect of any suspect on evidential grounds.

Assistant Director Martin Hardy said: “Decision making on this file included consideration of a range of complex and novel legal issues arising from the Coronavirus Regulations in place at the time of these protests and relevant human rights considerations.

“It also involved a careful analysis of the particular circumstances of these protests and the conduct of the individuals reported.

“The evidence received from police was subjected to an impartial and independent application of the Test for Prosecution, in line with the PPS Code for Prosecutors.

“The prosecution team was also assisted by advice received from independent Senior Counsel.

“It was concluded that, in respect of each of the 14 individuals reported, there was no reasonable prospect of conviction for any offence.

“This was on the basis that the evidence would allow the suspects to successfully raise the statutory defence of reasonable excuse. In these circumstances the Test for Prosecution was not met.”

According to the PPS, factors which were relevant to the application of the reasonable excuse defence included freedom of expression and freedom of peaceful assembly under the European Convention of Human Rights.

The fact that the gatherings involved protests relating to a matter of important social concern, were peaceful, and were organised in a manner that sought to minimise any risk of transmission of the virus.

For example, steps taken at the different protests included encouraging social distancing by arranging the attendance of stewards, marking the ground with chalk squares and delivering relevant announcements by loud speaker.

Protesters were also encouraged to attend in smaller groups of no more than six; and masks and hand sanitiser were also made available.

Furthermore, the presence of provisions within the Regulations which created, in certain respects, a lack of legal clarity as regards what activity would be lawful.

These included the absence of any definition of a ‘gathering’ or what constituted ‘outdoor activity’.

The PPS also raised issues in relation to the ‘proportionality and consistency’ of the policing approach to different protests, such as the ‘Protect our Monuments’ protest held afterwards.

Martin Hardy added: “The PPS can only bring a case before a court when, after a thorough consideration of all relevant matters, it is concluded that the evidence provides a reasonable prospect of conviction.

“The conclusion reached in relation to these 14 individuals – who were seeking to  safely exercise their right to freedom of peaceful assembly and expression on an  important social issue – is that there is no prospect of conviction in relation to any offence.”