A man identified as Dillion Kelly, who participated in a distasteful song ridiculing the murder of Michaela McAreavey, escaped a prison sentence. Instead, he was mandated to perform 240 hours of community service. This came after he contributed to the disrespectful singing in an Orange Order hall, where the unfortunate demise of the teacher was made a subject of mockery. Although Kelly, a 22-year-old resident of Edmund Court, Tobermore, denied the charges, the Belfast Magistrates’ Court ruled against him.
In the opinion of District Judge George Conner, Kelly’s words went beyond being just offensive, they were capable of inciting hatred. Michaela McAreavey, whose father is Mickey Harte, a GAA football manager, had her life cut short by an unknown assailant in her hotel room during her honeymoon in Mauritius in 2011. A video showing several people ridiculing this event in a song surfaced in May 2022 and stirred a furor amongst the public.
The clip was aired during the centenary celebration of Northern Ireland’s establishment, originating from a hall in Dundonald, East Belfast. Similarly, Steven Kane, a 26-year-old resident of Coolshinney Heights, Magherafelt, received a four-month custodial sentence held in abeyance. Likewise, 23-year-old Cian Jones of Craigadick Road, Maghera, was given the same 240 hours of community service punishment.
Previous court hearings featured the controversial footage, with the flute band members enthusiastically punching the air during the performance. John McAreavey, the widower of the murder victim, gave an emotional statement on the repercussions this act had on him and his extended family, underlining his conviction of its malicious and hurtful intent.
Despite refusing to testify in court, Kelly denied partaking in the song during police questioning. Nevertheless, after a contentious trial, he was found guilty of intending to incite hatred through his actions. According to a Crown representative in court, Kelly has shown limited regret and doesn’t fully comprehend the repercussions of his actions on the affected individuals. She noted that he felt unjustly let go by his employer because of these events and insisted that a punitive sentence is necessary owing to the severity of the offence.
Richard Monteith, the barrister representing Kelly, has stated that the case became engulfed by an unchecked media uproar. He conveyed that no legal action was taken against the person who broadcasted the incident live. Monteith admitted that the song lyrics were distasteful, expressing a twisted sense of comedy, and pleaded with the judge to spare his client from imprisonment. He further reasoned, asserting that sending his client to jail considering the way he fought the charge on legal grounds would be excessive.
The presiding judge, Mr Conner, after hearing the arguments, resolved to enforce the highest possible community service of 240 hours. He clarified that it was not a situation that warranted confinement; instead, he believed his client attempting to contribute positively to the community would be more beneficial. However, he cautioned Kelly, stating that failure to complete the work satisfactorily would result in an immediate jail sentence.