Three people are to be prosecuted for “stirring up hatred” in connection with the singing of a song containing offensive lyrics about the murder of Michaela McAreavey, prosecutors in Northern Ireland announced on Thursday.
The Public Prosecution Service (PPS) said the three individuals were “investigated and reported by police as being amongst those who were captured in the footage engaged in the singing of a song” referencing Ms McAreavey’s murder.
A summons will be issued for them to appear at Belfast Magistrates’ Court on a date yet to be fixed.
The Senior Public Prosecutor, John O’Neill, said the McAreavey and Harte families have been informed.
Ms McAreavy, a 27-year-old teacher from Ballygawley, Co Tyrone, was killed while on honeymoon in Mauritius in 2011.
Video footage filmed in an Orange Hall in Dundonald, Co Down, and live streamed on social media in May 2022 appeared to show a number of men singing about Ms McAreavey while others cheered and clapped.
The footage was widely condemned by politicians from across the North’s political divide and by the Orange Order.
In a statement on Thursday the PPS said seven individuals had been reported following a police investigation and, after “careful consideration of all the evidence and information”, a decision had been taken to prosecute three people for the offence of stirring up hatred, contrary to the Public Order (NI) Order 1987.
Decisions were taken not to prosecute the remaining four suspects after the PPS concluded the available evidence was “insufficient to provide a reasonable prospect of conviction”.
Mr O’Neill said the test for prosecution had been “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,” he said.
“Accordingly, proceedings will soon be commenced.”
Mr O’Neill said the footage “captures lyrics which are a deeply offensive portrayal of a tragic and distressing event” and he has “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,” Mr O’Neill said.
“Rather, it simply means that the evidence did not provide a reasonable prospect of convicting them of a criminal offence.”
Outlining the reasons for the decisions not to prosecute four individuals, Mr O’Neill said that in regard to one individual reported as being among those who engaged in the singing of the song there was “insufficient admissible evidence to prove the identity of a person captured in the video”.
“Decisions were taken not to prosecute two suspects who were reported by police as having aided or abetted those singing by clapping along and laughing,” Mr O’Neill said.
“Prosecutors concluded that there was insufficient evidence to prove beyond reasonable doubt that these individuals intended to encourage or assist those engaged in the singing to commit an offence.
“The evidence suggested that these individuals were not known to those who engaged in the singing of the song and also had not heard the song before or been aware of its lyrics in advance.”
The final suspect was considered for a potential offence of improper use of a public communications network contrary to section 127 of the Communications Act 2003 after the singing was streamed live on social media.
“Again, this individual did not appear to be known to those engaged in singing and there was insufficient evidence to prove to the criminal standard that this individual was aware of the content of the song at the time of broadcast,” Mr O’Neill said.
Ms McAreavey, the daughter of former manager of the Tyrone senior Gaelic football team, Mickey Harte, was strangled in her hotel room in Mauritius while on honeymoon with her husband John.
She was attacked after she returned to their room alone and disturbed a burglary.
No one has been convicted of her murder.
