Northern Ireland Protocol and Windsor Framework: Bandsmen summonsed to appear in court for parades in 2021

Markethill bandsmen have been sent court summons, in the wake of PSNI investigations into anti NI Protocol parades in the town over two years ago.
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Several members received letters over the weekend directing them to attend court in relation to a parade in the town on 21 April 2021.

According to one source close to the developments, some members have been charged with being in breach of the Parades Act and also of being in breach of Covid restrictions.

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"We are rather perplexed about the timing of these letters as we had not heard anything about these matters for so long. Why now?" a source close to the bandsman told the News Letter.

A loyalist band and protestors make their way through Markethill during a protest event against the Irish Sea Customs Border, and 'two-tier policing' on 5 May 2021.Picture: Philip Magowan / PressEyeA loyalist band and protestors make their way through Markethill during a protest event against the Irish Sea Customs Border, and 'two-tier policing' on 5 May 2021.Picture: Philip Magowan / PressEye
A loyalist band and protestors make their way through Markethill during a protest event against the Irish Sea Customs Border, and 'two-tier policing' on 5 May 2021.Picture: Philip Magowan / PressEye

It is understood that quite a number of both notified and unnotified parades took place in the town in April 2021 in protest against the Northern Ireland Protocol.

In April and September 2021 the News Letter reported anger in the town after the PSNI sent up to nine officers at a time to hand deliver letters to 14 bandsmen around the town.

The letters stated that anti-protocol parades had breached parading and Covid laws and asked recipients to volunteer for an interview “to offer an account as to your actions on that date”.

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In the wake of the first batch of letters, posters appeared in the town stating: “Markethill demands fair and equitable policing” with an image of the Bobby Storey funeral.

Bands men from Markethill have been sent court summonses in relation to alleged breachs of parades and covid legislation in 2021.Bands men from Markethill have been sent court summonses in relation to alleged breachs of parades and covid legislation in 2021.
Bands men from Markethill have been sent court summonses in relation to alleged breachs of parades and covid legislation in 2021.

It is understood the posters referred to the fact that nobody was charged in relation to the massive republican funeral in Belfast despite concerns it too had breached Covid restrictions.

At the time, in 2021, DUP MLA and Policing Board member Trevor Clarke said: “I think the PSNI should apply the same test to the recipients of these letters as the Public Prosecution Service applied to the Black Lives Matter protestors. People have the right to protest.”

His comments came after the PSNI asked for 72 Covid fines it issued to Black Lives Matters protestors to be refunded, after the Police Ombudsman found discrimination in police handling of their protests.

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In May 2021 DUP MLA William Irwin claimed the PSNI actions in Markethill stood “in stark contrast” to its handling of pro-Palestinian parades in Armagh and Belfast in the same period.

At the time, the PSNI responded that organisers are required by law to inform the Parades Commission of any plans to parade.

“If an un-notified parade occurs or a Parades Commission determination is breached, police officers are obliged to gather evidence relating to any potential breaches of the Public Processions (NI) Act 1998” it said. “This may include inviting individuals to voluntarily attend for interview. Where we can we will always facilitate people’s right to protest peacefully and lawfully.”

In May 2021 Markethill Protestant Boys band reported that members had been summoned for police interview under caution. They said this had happened despite the PSNI facilitating a number of parades and given an assurance “that no prosecution would occur”.

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A PSNI spokeswoman said at the time: “A number of individuals have received letters as part of an ongoing investigation and therefore it would not be appropriate to comment further.”

Regarding the latest summonses, the PSNI referred all inquiries to the Public Prosecution Service, which in turn said it does not comment on live cases.