Lauren Bullock, 17, Morgan Barnard, 17, and Connor Currie, 16, died outside Greenvale Hotel in 2019.
Image source, Euphoria Allstar Cheerleading/Family/Edendork GACTwo men are each to be charged with three counts of gross negligence manslaughter over a fatal crush outside a disco in Cookstown three years ago.
Lauren Bullock, 17, Morgan Barnard, 17, and Connor Currie, 16, died as hundreds of people queued at the doors of the Greenvale Hotel on 17 March 2019.
It is understood that one of the men is the hotel owner Michael McElhatton.
In a statement, he said he was “conscious that this is a highly sensitive time for the families”.
Mr McElhatton, aged 55, said he would therefore make no further comment.
He and the other man, aged 43, are due to be charged after the Public Prosecution Service (PPS) examined evidence files.
The company that runs the Greenvale Hotel, known as Tobin Limited, will also face a charge of contravening health and safety legislation.
The parents of the three teenagers were told about the decisions to prosecute on Thursday morning.
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Prosecutors had been deliberating over evidence contained in two files submitted in the course of the past two years.
The first contained details of a criminal investigation conducted by the Police Service of Northern Ireland (PSNI).
Police previously stated that they took 1,300 witness statements and specially-trained officers interviewed more than 140 young people.
The second file dealt with an investigation by the Police Ombudsman into the conduct of several officers, including the first to arrive at the hotel.
They withdrew from the scene of the crush to await back-up.
In the files submitted to the PPS, the PSNI reported 11 members of the public for consideration, while the Police Ombudsman reported five police officers.
The PPS has decided not to prosecute nine of the members of the public or the police officers.
‘Painful loss’
Senior prosecutor Graham Cardwell said the families of the teenagers had “suffered a painful loss”.
He thanked them for their patience while the evidence was examined.
He said it had been a “significant task” to assess the evidence before deciding whether there was a “reasonable prospect of conviction in relation to each suspect”.
The families had been given detailed reasons for the decisions not to prosecute 16 people of the 18 people, he added.
“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,” he said.
Criminal proceedings will begin in due course.
‘Not capable of bad faith’
The five police officers who were reported to the PPS were investigated for the offence of misconduct in public office.
Mr Cardwell said the threshold for prosecution for that offence was high.
“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,” he said.
Police Ombudsman Marie Anderson, who originally examined the conduct of the officers, had assessed witness statements, interviews with officers, forensics, phone call recordings and CCTV footage.
She said that following the decision by the PPS not to prosecute the officers, she would now consider whether there had been any professional misconduct.
“Where there are grounds to do so, I will make appropriate recommendations to the chief constable,” she said.
Deputy Chief Constable Mark Hamilton said the PSNI would “await receipt of [the Police Ombudsman’s] report and any recommendations”.
‘Inquiry may be considered’
The family of Morgan Barnard has called for a public inquiry into the events that led to the deaths of the teenagers.
Last March, on the third anniversary of the tragedy, Justice Minister Naomi Long ruled out an inquiry, stating it could prejudice any future criminal proceedings.
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But speaking on Monday morning, she left open the possibility of such an inquiry.
She told BBC News NI that any decision to hold a public inquiry would hinge on the conclusion of criminal proceedings.
“It would have been inappropriate for me to take a decision in and around the issue of a public inquiry at a time when there was already a live criminal investigation underway,” she said.
“Depending on the outcome with the PPS today there may be scope to look at that again.”
She raised concerns that the lack of a functioning executive at Stormont could hinder any inquiry as it may require decisions across more than one department.