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28 April 2014

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PSNI 'facilitated illegal and often violent' loyalist marches, court finds

Loyalists throw bricks and bottles at homes in Short Strand in January 2013

THE HIGH Court in Belfast has found that the PSNI “facilitated illegal and sometimes violent” loyalist parades past the nationalist Short Strand area.

East Belfast Sinn Féin Councillor Niall Ó Donnghaile welcomed the ruling and praised the resident who took the court case.

The resident, identified only as DB, said he had been living "under siege" due to the weekly violent attacks on his home by those taking part in loyalist marches, and the failure of the PSNI to prevent the illegal parades.

High Court judge Mr Justice Treacy said:

"It has not been satisfactorily explained why over three months after the illegal parades commenced, only six people had been arrested for offences under the 1998 legislation,"

The PSNI's handling of the demonstrations also breached the human rights of nationalist residents exposed to accompanying disorder, he found.

Granting the Judicial Review, Justice Treacy said:

"Police misdirected themselves believing that because there was no determination there was a lacuna or complexity in the applicable legal provisions which hampered their ability to efficiently and effectively police these parades.

"This was simply wrong and I consider that it was this misdirection which explains and led to the situation in which the police facilitated illegal and sometimes violent parades."

Reacting to the verdict, Niall Ó Donnghaile said:

"This is a damning indictment of the PSNI’s policing operation at the time, something which Sinn Féin and community representatives had repeatedly and consistently raised with senior police."

Solicitor Padraig Ó Muirigh who represented the Short Strand residents said the verdict is hugely significant:

"My client hopes that this will prevent any recurrence of what happened last year when his home was attacked while police facilitated these illegal parades."

PSNI Chief Constable Matt Baggott has said the PSNI will appeal the ruling.

So-called 'flag protests' by loyalists began in December 2012 when Belfast City Council voted to cease flying the Union flag except on designated days. Unionists reacted to the decision with widespread disruptive and often violent protests.

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