Publication date:
The Public Prosecution Service (PPS) has taken a decision not to prosecute an individual investigated in connection with allegations of criminal damage to a portrait at Belfast City Hall in October 2024.
After careful consideration of a file submitted by the Police Service of Northern Ireland (PSNI), it was concluded by prosecutors that there was no reasonable prospect of conviction for any criminal offence on the evidence available.
The damage to the portrait was discovered after an event hosted by an external organisation at Belfast City Hall on Saturday 19th October 2024. On 21st October 2024, First Minister Michelle O’Neill informed the Northern Ireland Assembly that a Sinn Féin employee made the party Chief Whip aware of their involvement in an incident regarding a portrait and that they had been suspended and then resigned.
The PPS and PSNI worked closely to establish what admissible evidence could be obtained regarding the alleged involvement of the reported individual and whether this could support a prosecution. Despite significant efforts to develop a clear evidential picture, key gaps remained. These included:
- There was no CCTV coverage of the area around the portrait, as the relevant camera had been out of service for some time.
- Attempts to obtain a list of attendees from the external group responsible for hosting the event were unsuccessful.
- Police were unable to identify any individual who had witnessed the relevant events.
- An email sent by the individual to the Chief Whip tendering his resignation contained no admission.
- The email from the Chief Whip advising PSNI of the resignation stated that it had been tendered “as a result of” the incident.
- A witness statement subsequently made in February 2025 by the Chief Whip, who had spoken directly to the individual on 21 October 2024, recorded that he had in fact made no admission to being at the event and had denied any knowledge of the damage. She said the individual was suspended so that the matter could be investigated by the relevant internal party structures.
- When interviewed by police as a voluntary attender, the reported individual exercised his right not to answer questions.
After a thorough consideration by senior prosecutors of the above evidential issues, it was concluded that there was no reasonable prospect of conviction for the following reasons:
- There was no evidence of when, or in what circumstances the portrait was damaged.
- The witness evidence available to the prosecution was the account of the Chief Whip which, as outlined above, did not indicate that any admission had been made and did not incriminate the suspect.
- The prosecution would not have been able to use the press statement, which itself contained no specifics as to the nature of any alleged “involvement”, to contradict the account of its own witness. In circumstances where direct evidence from the Chief Whip as to the precise nature of the conversation was available, this press statement, which was hearsay evidence, would have been inadmissible.
- Even if the press statement had been admitted, in light of the clear witness evidence from the Chief Whip that no admissions were made, the prosecution would not have been able to prove any alleged admission to the criminal standard.
- While the immediate suspension and subsequent resignation raised suspicion, those circumstances, in themselves, were insufficient to provide a reasonable prospect of conviction in light of the significant evidential difficulties outlined above.
A PPS spokesperson said: “Prosecutions can only be brought where the available evidence provides a reasonable prospect of proving, beyond reasonable doubt, a breach of the criminal law. This was a high-profile incident which generated understandable concerns and commentary about how and why the portrait came to be damaged.
“It is understandable that the suspension and resignation of a Sinn Féin member raised expectations that a prosecution would likely follow.
“However, prosecutors can only initiate proceedings based on the evidence that is available and in this case there were significant evidential gaps which undermined the prospects of a conviction. Despite further investigative enquiries being made by police at the request of PPS, it was not possible to overcome these evidential shortcomings.
“We can assure the public that all decision-making in this case was conducted independently and impartially and fully in accordance with our Code for Prosecutors.”
ENDS
Notes to editors:
- On 21st October 2024, First Minister Michelle O’Neill informed the Northern Ireland Assembly as follows: “Today, 21st October, a Sinn Féin employee, who works in the Assembly, made the party Chief Whip aware of their
involvement in an incident regarding a portrait in Belfast City Hall which took place on Saturday 19th October. The employee was immediately suspended, and we have notified the PSNI today. The employee has now resigned from their employment and their party membership." - An investigation file reporting one suspect for the alleged offence of criminal damage was received by the PPS on 18th March 2025.
- Following engagement between the PSNI and the PPS, the PSNI were asked to pursue some further lines of enquiry which were essential to establish the full extent of the evidence available.
- Having received a response to these matters, a further request was made on 9th October 2025 to police to pursue some additional lines of enquiry. The last piece of information was received from police on 10th November 2025.
- All decisions by the PPS are taken strictly in accordance with the Test for Prosecution which involves two stages. The Test for Prosecution is met if, in relation to an identifiable suspect, 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). The Evidential Test must be passed first before the Public Interest Test is considered. Further information can be found in the PPS Code for Prosecutors.
- Media queries for the PPS should be referred to the Communications Unit by emailing ppspressoffice@ppsni.gov.uk inside office hours. The out of hours press officer can be contacted on 07795 480234, 07920 271804 or 07341 800254