Trio to be prosecuted over video mocking Michaela McAreavey

THREE people are to be prosecuted in connection with the singing of a song which contained offensive lyrics about the murder of Tyrone schoolteacher 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 an Orange Hall in Dundonald, Co Down, in May 2022 which was streamed live on social media.

The song referenced Mrs McAreavey, the daughter of former Tyrone GAA manager Mickey Harte, who was murdered while on honeymoon in Mauritius in January 2011.

After careful consideration of all the evidence and information reported by the PSNI in relation to this matter, a PPS spokesperson said a decision had been taken to prosecute three individuals for the offence of “stirring up hatred”, contrary to Article 9 of the Public Order (NI) Order 1987.

Summonses will now issue to these three individuals to appear at a Magistrates’ Court on a date yet to be fixed.

The three individuals were investigated and reported by police as being among those who were captured in the footage engaging in the singing of a song which referenced the murder of Mrs McAreavey.

Decisions were taken 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.

 He added, “The footage captures lyrics which are a deeply offensive portrayal of a tragic and distressing event. 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.”

The PPS said the decisions not to prosecute were taken for the following reasons:

– A decision was taken not to prosecute one individual reported as being amongst those who engaged in the singing of the song. This decision was based on 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. 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.