Comments following flawed Court of Appeal ruling 

” I am disappointed but not surprised at the judgement. 

” Only this morning on the BBC Nolan Show I made the point that the Appeal courts were consistently upholding flawed legislation such as the Public Processions Act, because it’s a lesser of two evils. 

” What the highest court in this land is effectively saying is that given the choice between making a conviction harder for the PPS or a defence harder for the defendant, the court has taken the position that the defendant should bear a greater burden. That is a dangerous precedent. 

” The PPS argue that the Public Processions Act is vital legislation to deal with public order. I argue that is a whopping attempt to misconstrue the truth. 

” The Public Processions Act is there to regulate parades. The PSNI have plenty of powers under public order legislation to deal with disorder. 

” The PPS and PSNI also make the case that this legislation is ‘very serious’, yet the PSNI do not even have powers of entry to execute an arrest for alleged offences under the Public Processions Act. 

” On top of this the matter is summary only, which means it can only be tried by a Magistrate. 

” This was only one legal point of appeal, I will now consider all options, including challenging this point of law as far as the European Court of Human Rights if need be. 

” It should also be noted that the investigating officer in my case is currently suspended from duty and is under investigation for serious criminal offences arising from her handling of my case. 

” I have a Police Ombudsman complaint investigating serious allegations of PSNI misconduct during their handling of the Union flag protests. That Ombudsman report has been withheld for over a year. 

” Whilst- once again- I find myself concluding that the Judiciary aren’t acting wholly impartially, I still believe that using the courts is the best way to challenge injustices and grievances.” 


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