A judge at Derry Magistrate’s Court has said he will rule ‘probably in early May’ whether five defendants charged with taking part in an unnotified procession in support of Palestine have a case to answer.
The five, Goretti Horgan (70) of Westland Avenue, Davina Pulis (36) of Knoxhill Park, Robert Paul Maxwell (60) of Rathlin Drive and Jude Coffey (27) of Gartan Square and local councillor Shaun Harkin (52) of Beechwood Avenue all in Derry, are charged with taking part in an illegal procession on February 14 2024 and in Harkin’s case February 17 in support of Palestine.
At the conclusion of the prosecution case, which claimed four of the defendants, all except Harkin, had taken part in an unnotified procession on February 14, 2024, by marching to the Guildhall after a vigil in the Diamond, and that Harkin had committed a similar offence on February 17, 2024, Michael Mansfield KC argued there was no case to answer.
Counsel for Coffey and Maxwell, Stephen McNicholl, made similar arguments for his clients.
The court had been shown footage of demonstrators in Foyleside, then making their way to Starbucks along the pavement.
Councillor Shaun Harkin was identified as one of those taking part.
A police officer was asked by Michael Mansfield if he had seen anyone organising this protest, and he replied that he had not. At the conclusion of the prosecution case, Mr Mansfield argued there was no case to answer as these protests did not meet the criteria of a procession as outlined in the legislation.
He said the legislation did not define what a procession was and added that it was defective as it failed to cover situations like this.
The barrister said that those taking part simply walked down a street and that no one had organised the march. He added that this was not covered by the Act and said the incident ‘happened without warning’.
As regards the protest on February 17, the barrister described it as ‘a bit shambolic’ with little organisation.
A prosecutor argued that to concede to that argument would ‘drive a horse and carriage’ through the Parades Commission legislation.
Defence counsel for Maxwell and Coffey, Stephen McNicholl, said even the prosecution had accepted that the march on February 14 was ‘impromptu’ and if there was no organiser, then the legislation was not triggered. District Judge Conor Heaney said he wanted some time to consider the points made and adjourned until a future date, possibly in early May.
Earlier, a police officer told a court hearing today that, as far as he knew, no one had directed a crowd to march from the Diamond to the Guildhall during a pro-Palestinian demonstration in February 2024.
Five people, including local Derry and Strabane councillor Shaun Harkin, are charged with taking part in an unnotified procession.
The court was shown footage of the demonstration on February 14, following a vigil in the Diamond, which police accept was peaceful. The crowd then marched to the Guildhall, where a brief meeting was held.
A Sergeant from the PSNI gave evidence of warning the marchers that they were taking part in an unnotified parade. Under cross-examination from Michael Mansfield KC representing Horgan, Pulis and Shaun Harkin, the officer said he was not aware of anyone directing the crowd to march to the Guildhall.
He was asked how anyone could observe the 28-day notice requirement if a crowd just moved off.
The officer was asked by Stephen McNicholl, representing Coffey and Maxwell, if it was possible that, due to the chanting and general noise, people may not have heard the warnings, and he agreed that it was possible.
