Black Lives Matter: Derry protesters welcome PPS decision but say fight is ‘far from over’

Black Lives Matter protesters in Derry who faced the threat of prosecution for a year have welcomed a Public Prosecution Service decision not to prosecute.

However, all three individuals concerned have said the announcement is ‘long overdue’ and the ‘fight is far from over’ as fines have not been withdrawn.

The Public Prosecution Service (PPS) yesterday revealed that three people will not be prosecuted for taking part in a Black Lives Matter (BLM) protest at the Guildhall on June 6, 2020.

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

Director of Operations at North West Migrants Forum, Lilian-Seenoi-Barr, was one of those to receive a letter from the PPS notifying her that it was not pursuing criminal charges.

She said: “These prosecutions should never have been brought in the first place.

“The fact that they were is evidence of discriminatory policing and systemic racism in Northern Ireland.

She added: “For 12 months, lawful activists have been living in the shadow of threatened prosecution.

“The disparity between the treatment of black and minority ethnic protestors and others is obvious. No other group was targeted by the PSNI in their homes.

“This is further evidence that the black and minority ethnic population are treated less favourably than both the unionist and nationalist communities.

“While the PPS decision is welcome, the fixed penalty notices and fines issued by the PSNI on 6 June ​2020 ​have not been dropped. This issue is far from over​.

“​Racial Equality and racial justice are not just slogans. Northern Ireland still has a lot to learn and a long way to go to overcome inequality and discrimination.”

Local People Before Profit Councillor, Shaun Harkin, also received a letter from the PPS informing him that he would not be brought before the courts.

He said: “People power has pushed through the hypocrisy of the PSNI who criminalised the protests and the Stormont political establishment who greenlighted the crackdown.

“The decision by the PPS not to bring prosecutions further vindicates the Black Lives Matter movement and all civil rights campaigners.”

A Tyrone man, Damien Gallagher, confirmed that he was the third person.

He criticised political representatives who ‘chose not to do the right thing’.

“We only have what we have now because 50 years ago others of all religious backgrounds stood for Civil Rights for all here.  That fight is clearly far from over.”

‘LEGAL ISSUES’

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

The PSNI submitted three files 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.

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.”