No prosecution for Bloody Sunday families and supporters

The Public Prosecution Service (PPS) has taken the decision not to prosecute seven people reported in connection with an unnotified procession in Derry.

The decision relates to members of the Bloody Sunday families, their legal representatives and their supporters attending Derry's Bishop Street Court House in August 2023, to hear proceeding relating to British army 'Soldier F'. 

Soldier F is to stand trial for two murders and five attempted murders on Bloody Sunday. He is accused of murdering William McKinney and James Wray in Derry on 30 January 1972.

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"After careful consideration of all evidence submitted by police and the full context in which the procession took place, decisions were taken not to prosecute all seven on public interest grounds.

Public interest factors that were relevant to these decisions included the fact that:

• The procession involved a relatively small number of people and was short in duration; 
• The procession was peaceful and caused no public disorder (or any apparent risk of public disorder) and no need for the deployment of any policing resource; 
• No harm or damage occurred and there was minimal disruption or inconvenience caused to traffic or the general public; and
• No complaints were made by any members of the local community and there was no other evidence of any negative community impact caused by the procession.

"Decisions were taken by applying the Test for Prosecution, as set out in the PPS Code for Prosecutors. The Test is met if, in relation to an identifiable individual, the available evidence is sufficient to provide a reasonable prospect of a conviction (the Evidential Test) and if prosecution is in the public interest (the Public Interest Test)."

A PPS spokeswoman said: “It was considered that the conduct of the reported individuals did amount to participation in a public procession and that their procession had not been subject to the legal notification required. 

“However, the purpose of having legislative regulation of parades and processions in Northern Ireland is to control public disorder and damage, to minimise disruption to the life of the community and to enhance community relations.  In this particular case, it was clear that the procession investigated did not raise any of those risks and therefore the public interest would not be served by pursuing criminal proceedings.

“This decision was reached impartially, independently and fully in line with the PPS Code for Prosecutors. Each case reported by police is considered carefully taking into account the specific facts and circumstances of the alleged offending.  These decisions are therefore fact specific and no indication of a general policy position in relation to the prosecution of unnotified processions or parades.” 

In December past, Foyle MP Column Eastwood walked out of Derry’s Strand Road barracks because PSNI officers refused to conduct a pre-arranged interview with him regarding the August incident.

Speaking outside the barracks on that occasion, Mr Eastwood, who was accompanied by his solicitor, Mr Ciarán Shiels, said: "I was asked to attend an interview with the PSNI because I walked alongside members of the Bloody Sunday families, to the Derry Court House, at a hearing for 'Soldier F'.

"I agreed to come but for one reason only, I was going to be very clear with the police that no member of the Bloody Sunday families will be attending to take part in this farce.

"This is an enquiry based on a mischievous complaint and in the light of the fact, 52 years ago, 14 people were murdered on the streets of this city and only yesterday, we now have somebody going to court over that, this seems to be the priority of the PSNI today."