The owner of a Co Tyrone hotel where three teenagers died in a crush is set to be prosecuted for gross negligence manslaughter while five PSNI officers investigated over the tragedy will face no action.
It is understood Greenvale Hotel owner Michael McElhatton and a member of staff are set to be prosecuted for three offences of gross negligence - one for each of the deaths.
Speaking this morning, Mr McElhatton said: “I am conscious that this is a highly sensitive time for the families and I feel that it would be inappropriate to comment at this time.”
Both men are also being prosecuted for offences contrary to health and safety legislation.
Read more: Greenvale Hotel public inquiry decision ‘could be reviewed if context changes'
A separate charge will also be brought against the company that runs the hotel under the same legislation.
Files relating to 16 people have been considered by the Public Prosecution Service.
Those individuals and relatives of the dead were told of the decisions reached this morning.
Morgan Barnard (17), Lauren Bullock (17) and 16-year-old Connor Currie died during a crush as they queued to get into a disco at the venue on St Patrick's night in 2019.
The circumstances around the teenager's deaths have been investigated separately by both the PSNI and Police Ombudsman.
The ombudsman's probe was launched after it emerged the first PSNI officers to arrive at the Greenvale Hotel on the night of the tragedy withdrew before later returning.
In March this year, Marie Anderson's office confirmed that five police officers were interviewed under criminal caution on suspicion of the offence of misconduct in a public office and that it had sent a file for direction to the PPS.
In total, seven PSNI officers were interviewed by ombudsman officials.
Read more: Greenvale Hotel public inquiry decision ‘could be reviewed if context changes'
While the five who are included in the file to the PPS were interviewed under criminal caution, the remaining two were not.
In a statement released today, Ms Anderson said: “The families of Lauren, Morgan and Connor have my sincere sympathies. The deaths of these three young people, in such tragic circumstances, will have brought unimaginable pain and grief to their families.
“My investigation into the conduct of relevant police officers was extensive. My investigation examined the actions of five police officers in relation to the potential offence of Misconduct in Public Office. My investigators assessed a significant amount of evidence from witness statements, criminal interviews with police officers, forensics, phone call recordings and CCTV.
“My role as an investigator is to assess the evidence and submit files to the PPS to make a decision as to whether an officer should be prosecuted for the potential offence of Misconduct in Public Office.
“Now that the PPS has directed that no officer should be prosecuted, I will consider whether there is evidence of misconduct by any officer.
"Where there are grounds to do so, I will make appropriate recommendations to the Chief Constable.
“I thank the families for their ongoing patience during this process.”
An investigation in relation to potential misconduct resulted in disciplinary recommendations being made in respect of one of those officers.
An investigation file linked to 11 people was also sent by the PSNI to the Public Prosecution Service (PPS) last year.
In the aftermath of the crush the hotel's owner Michael McElhatton and a staff member were arrested on suspicion on manslaughter.
Both were later released on bail.
While in custody it emerged Mr McElhatton had been further arrested on suspicion of possession of Class A drugs with intent to supply.
Two hours later police said the 52-year-old had been “de-arrested” after fast-track forensic analysis of a "suspicious package consisting of a white powder substance and tin foil" had ruled out the possibility of drugs.
It is believed the “white powder” was a cleaning agent.
Mr McElhatton later accused police of “blackening" his name.
In June 2019 Mr McElhatton was again questioned over three days before being freed pending a report to the PPS.
Read More:
- Lauren Bullock's family back public inquiry call into Greenvale tragedy
- Greenvale Hotel victim's father accuses council of not providing information
- Father of Greenvale Hotel crush victim speaks of ongoing impact of tragedy (premium)
- Greenvale tragedy mother: 'It's like a chunk of your heart has been ripped out' (premium)
Response from the PSNI's Deputy Chief Constable Mark Hamilton
“The Police Service of Northern Ireland acknowledges the decision taken today, Thursday 1 September by the Public Prosecution Service (PPS) in respect of the deaths of Connor Currie, Lauren Bullock and Morgan Barnard following an incident at the Greenvale Hotel, Cookstown in March 2019.
“We again extend our deepest sympathies to their families on what is understandably a difficult day for them. Given the decision to commence proceedings against two individuals and a limited company, it would not be appropriate for us to comment further whilst we continue to work with the PPS to present these matters to the court.
“The Police Service of Northern Ireland referred itself to the Police Ombudsman for Northern Ireland in the aftermath of the incident. Following the direction not to prosecute any police officers, the misconduct investigation undertaken by the Police Ombudsman for Northern Ireland is still live and we will await receipt of their report and any recommendations in due course.”
Statement from the Public Prosecution Service's Senior Public Prosecutor Graham Cardwell:
“The loved ones of Morgan Barnard, Lauren Bullock and Connor Currie have suffered a painful loss. I acknowledge that today may be one of mixed emotions for these families as they continue to live with the aftermath of such deeply distressing events.
“The files received from the PSNI and the Police Ombudsman were voluminous and detailed and there were a considerable number of complex issues that required careful consideration. I am grateful to the families for their patience as the PPS took the time needed to complete the significant task of examining all available evidence before reaching decisions on whether there was a reasonable
prospect of conviction in relation to each suspect.
“I have informed the families that whilst the Test for Prosecution was met in respect of two suspects, it was considered not to be met on evidential grounds in respect of all other individuals reported in connection with events at the Greenvale Hotel that night.
“Detailed reasons for these decisions not to prosecute have been provided in writing to the families and we have also offered to meet in person. Whilst some of the no prosecution decisions may be disappointing to them, I can reassure the families, and the wider public, that all decisions were taken independently and only after a most thorough examination of all evidence and information available. PPS prosecutors were assisted in this task by advice from independent Senior Counsel.
“Criminal proceedings will commence in due course and we will continue to engage directly with the families involved as the prosecution progresses.”
In relation to the file received from the Police Ombudsman relating to the five PSNI officers, Mr Cardwell said:
“The offence of misconduct in a public office is committed where a public officer, without reasonable excuse or justification, wilfully neglects to perform his duty to such a degree as to amount to an abuse of the public’s trust in the office holder.
“The threshold for this offence is high. I have concluded that the Test for Prosecution is not met against any of the five officers. The evidence was not capable of establishing any bad faith or improper motive in the actions of police at the scene or that they wilfully ignored a high-risk situation of which they were aware.”
Read more: Greenvale Hotel public inquiry decision ‘could be reviewed if context changes'
