Three people are to be prosecuted in connection with the singing of a song mocking the brutal murder of Michaela McAreavey.

Seven people were reported to Northern Ireland’s Public Prosecution Service(PPS)  after police investigated a video showing people singing the song at an Orange Hall in county Down in May 2022.

The video was streamed live on social during last year’s Northern Ireland centenary celebrations.

This morning, the PPS said three people are to be prosecuted for the offence of “stirring up hatred”.

It said it decided against prosecuting four other people after it was concluded the available evidence was insufficient to provide a reasonable prospect of conviction.

Funeral card for Michaela McAreavey's mass at St Malachy's church outside Ballygawley, Couny Tyrone, 17-01-2011. Image: RollingNews

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,” he said.

“Accordingly, proceedings will soon be commenced.”

Footage

The video was widely criticised when it emerged last year, with the Orange Order describing the song as “utterly abhorrent”.

The group said it would discipline any members found to be singing it.

Mr O’Neill said: “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.”

John and Michaela McAreavey on their honeymoon, 16-01-2011. Image: McAreavey Family handout/PA Archive/PA Images

Michaela McAreavey, the daughter of GAA coach Mickey Harte, was killed while on her honeymoon in Mauritius 2011.

Two hotel workers in Mauritius were acquitted of the 27-year-old's murder the following year.

Michaela's husband John has sharply criticised the trial, describing it as a "kangaroo court”.

The family remains hopeful they will eventually see someone brought to justice for the crime.

Evidence

Of the four people who are not being charged, the PPS said it did not have enough evidence to prove one person’s identity.

Two other people were recorded clapping and laughing; however, prosecutors there was not enough evidence they intended to encourage or assist those engaged in the singing to commit an offence.

The final suspect was considered for a potential offence of “improper use of a public communications network”; however, prosecutors decided there was not enough evidence proving the person was aware of the content of the song at the time of broadcast.

The PPS said the three people charged over the song will be summonsed to appear at a Magistrates’ Court on a date yet to be fixed.