IN an unprecedented move, the Director of Public Prosecutions has asked for a review of the decision not to prosecute Gerry Adams for withholding evidence about his brother Liam.
Barra McGrory QC – who in the past acted as solicitor for Gerry Adams – has asked Attorney General John Larkin QC to review the papers in the case.
The PPS ruled in October 2011 there should be not prosecution of Gerry Adams for the offence of withholding information about the sexual assault on his niece Aine Adams by her dad Liam.
Assistant Chief Constable Drew Harris told the Policing Board last week the “substantive facts” of case papers had been examined in 2010, including taking legal advice and consulting with the PPS.
He said the matter has been examined to see if the PSNI should open an investigation into the case and the advice police had received was not to open an investigation.
Police said they submitted a file to the PPS in October 2011.
A spokesperson for the PPS said: “I can confirm following careful consideration of all the evidence and information provided by police, a decision was taken in October 2011 not to prosecute Mr Gerry Adams as there was insufficient evidence to meet the evidential test.”
Liam Adams was convicted last week of raping and abusing his daughter, Áine, over a six-year period.
Gerry Adams, the Sinn Féin president testified at Liam Adams’ first trial in April before it collapsed for legal reasons.
The Louth TD did not give evidence at the second trial.
During the second trial, the jury, during its deliberations on the case, asked presiding Judge Corinne Philpott why Gerry Adams had not testified again. She sent a message back saying they were to deliberate only on the evidence they had heard.
At the first trial, Gerry Adams said his brother admitted that he had sexually abused Áine Adams. He made the admission during a “walk in the rain” in Dundalk, County Louth, in 2000, Gerry Adams said.
Gerry Adams said that, during the encounter in Dundalk, his brother, while admitting molestation or sexual interference or assault, did not admit rape.
The Sinn Féin president made his first report to the police about the allegations in 2007, shortly after his party voted to accept the Police Service of Northern Ireland.
In 2009, Gerry Adams made a second statement to police, telling officers that his brother Liam had confessed to him nine years earlier, in 2000, that he had sexually abused his daughter Áine.
Gerry Adams’ statement in 2009 was later examined by police to establish if he had committed an offence.
But the PPS decided to take no further action against him.