Northern Ireland Protocol and Windsor Framework: TUV alleges 'two tier policing and prosecutions' after court summonses sent to Markethill bandsmen - PPS respond

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.

A PPS spokesman said the prosecutions are being taken in strict accordance with official guidlines and in a wholly independent manner.

It is understood that both notified and unnotified parades took place in the town in April 2021 in protest against the Northern Ireland Protocol and also in protest at the lack of prosecutions in relation to the Belfast funeral of leading republican Bobby Storey in 2020. There had been concerns that the massive republican event had breached Covid restrictions, however the PSNI and PPS decided to take no action.

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

The letters stated that 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”.

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.

Responding to the latest news about the prosecution of the bandsmen, TUV leader Jim Allister said on social media: "What a telling contrast with how SF/IRA was excused and facilitated in its street takeovers during Covid for the funeral of arch terrorist, Storey. These belated Markethill prosecutions only bring the law and the PPS into disrepute and suggest two tier policing and prosecutions."

Loyalist activist Jamie Bryson made a similar point on the same platform: "Whilst republicans were granted complete immunity for the Storey funeral... PSNI/PPS ... continue to pursue peaceful anti Protocol protestors."

The PSNI referred all media inquiries to the Public Prosecution Service (PPS).

A PPS spokesman said: “The PPS can confirm that decisions to prosecute three individuals have been reached following the receipt of a number of files from the Police Service of Northern Ireland relating to a parade in Markethill, Co Armagh in April 2021. Six further individuals will not be prosecuted for alleged offences at the same event.

“These decisions have been reached after a careful consideration of all the available evidence by a Senior Public Prosecutor, in strict accordance with the PPS Code for Prosecutors. The three individuals will be prosecuted for an offence contrary to section 6 of the Public Processions (NI) Act 1998.

“All files considered by the PPS are decided on the basis of their individual circumstances and the evidence presented. The PPS takes such decisions in a wholly independent and impartial manner.

“As criminal proceedings will soon begin in this case it would be inappropriate for the PPS to make any further comment.”

It is understood the PPS will not prosecute the three individuals concerned for breaches of the Coronavirus regulations.

After the letters were originally hand delivered to the bandsmen 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.

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”.

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.

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