A significant number of files submitted to the Public Prosecution Service (PPS) by Operation Kenova concerning the alleged criminality of an agent known as Stakeknife and a large number of other suspects remain under active consideration.
The suspects under consideration in this complex and extensive case include alleged paramilitaries, former police and former members of the intelligence and security forces. The files concern a range of potential offences including murder, false imprisonment, serious assaults and misconduct in public office.
PPS Assistant Director Martin Hardy said: "Legacy cases often present many complex, wide-ranging and well recognised challenges. By their nature, these include the significant amount of time that has passed since the incident, meaning witnesses, victims or suspects may be in poor health or die during the process.
"Where the PPS is made aware of the death of a suspect under consideration in any case, no decision will issue and that is the end of any potential prosecution in relation to that individual. The Test for Prosecution is applied only to living individuals.
"Where there are other suspects reported in relation to such a case, those suspects remain under consideration. The available evidence is considered carefully and the Test for Prosecution is applied impartially, independently and in line with the PPS Code for Prosecutors.
"In relation to Operation Kenova, the PPS has made steady and significant progress on the 26 investigation files received and which remain under consideration. These files were received in phases between October 2019 and February 2022 and prosecution decisions regarding some of the files in the first phase issued in October 2020.
"The volume of material generated by the Kenova investigation is vast. It includes over 1,000 witness statements and approximately 12,000 documents comprising more than a million pages. Due to the cross-cutting nature of the evidence and information across multiple cases, it is not considered appropriate to take decisions in respect of individual cases in isolation. The intention has been that decisions as to prosecution in all of the outstanding cases will follow consideration of the totality of the evidence relevant to each.
"The complex and extensive work involved is being progressed as quickly as possible in light of the limited resources available to the PPS for dealing with legacy casework. The need for bespoke handling arrangements due to the sensitivity of the material under consideration is also a factor which impacts on the pace at which decisions can be progressed.
"We recognise, however, that this is a long and difficult process for the families and victims who await decisions in these cases. The PPS will continue to work closely with the Operation Kenova team as our consideration of these files continues. We will also continue to keep families and victims updated as we move closer to the time when the outstanding decisions can issue."