Post by Wasp on Aug 17, 2011 18:14:52 GMT
Prosecution rates ‘show republican marches bias’
www.newsletter.co.uk/news/loc...bias_1_2969964
Published on Wednesday 17 August 2011 08:26
THE Public Prosecution Service (PPS) has only prosecuted 28.6 per cent of parades-related cases that have come before it for consideration, it has been revealed. The figures have come to light through a Freedom of Information request by the News Letter to the PPS. The information covers the last four years for which figures were available, 2006 to 2009. During this time only 18 out of 63 suspected offences examined by the PPS were prosecuted.
Out of the 18 prosecutions around a third were for infringements by lawful parades while the rest were for illegal parades or illegal protests. Any parade which does not apply to the Parades Commission before proceeding is illegal by default. The grand secretary of the Orange Order, Drew Nelson, said: “These statistics very much confirm the perceptions of bias that Orangemen feel about how their parades are treated by the authorities compared to annual parades which glorify republican terrorism.
“There are dozens of annual illegal republican parades commemorating IRA attacks and members who died after blowing themselves up or in shoot-outs with the security forces. “The security forces are well aware of these annual events. And I fear the difference in how parades are being treated across the community is now feeding into the decision-making process in loyalist communities.
“More and more I am hearing the question from our members - ‘why should we apply to the Parades Commission for permission to parade when republicans seem to be able to parade anywhere, at any time, with no penalty?’” Sinn Fein MPs, Martin McGuinness and Conor Murphy, took part in an illegal parade at an IRA shrine in south Armagh in October. The PPS recommended no prosecution of anyone in relation to the event.
Mr Nelson said: “By contrast our members are continually threatened with prosecution if bands are not named on the application forms; if we do not keep to the exact route and times specified.” A PPS spokeswoman said: “Every case referred by police is carefully considered by the PPS on its own facts and circumstances.
“A decision to prosecute or for a diversionary disposal can only be taken where it is concluded that there is enough evidence to enable the court to be satisfied to the very high standard required, namely beyond a reasonable doubt, that an offence has been committed by an identifiable individual. “As a general rule the PPS will prosecute where there is sufficient evidence to do so, for example there are currently 37 persons before the court on offences arising out of a protest at Ardoyne in 2010.”
Regarding the decision not to prosecute anyone for the illegal south Armagh parade attended by Mr McGuinness and Mr Murphy, she said: “One individual, who had made themselves available to the police as an organiser of the parade, was reported to PPS. “That individual provided an explanation which the police accepted, for failure to comply with notification requirements. In all the circumstances and the information available, the PPS took a decision not to prosecute”.
The PSNI said its takes illegal parades seriously and seeks to protect the public and gather evidence with a view to prosecutions. “It is incumbent on everyone, from politicians to the wider community, to find long-term solutions to the issue of parades and protest rather than merely policing the symptoms,” a spokesman said.
www.newsletter.co.uk/news/loc...bias_1_2969964
Published on Wednesday 17 August 2011 08:26
THE Public Prosecution Service (PPS) has only prosecuted 28.6 per cent of parades-related cases that have come before it for consideration, it has been revealed. The figures have come to light through a Freedom of Information request by the News Letter to the PPS. The information covers the last four years for which figures were available, 2006 to 2009. During this time only 18 out of 63 suspected offences examined by the PPS were prosecuted.
Out of the 18 prosecutions around a third were for infringements by lawful parades while the rest were for illegal parades or illegal protests. Any parade which does not apply to the Parades Commission before proceeding is illegal by default. The grand secretary of the Orange Order, Drew Nelson, said: “These statistics very much confirm the perceptions of bias that Orangemen feel about how their parades are treated by the authorities compared to annual parades which glorify republican terrorism.
“There are dozens of annual illegal republican parades commemorating IRA attacks and members who died after blowing themselves up or in shoot-outs with the security forces. “The security forces are well aware of these annual events. And I fear the difference in how parades are being treated across the community is now feeding into the decision-making process in loyalist communities.
“More and more I am hearing the question from our members - ‘why should we apply to the Parades Commission for permission to parade when republicans seem to be able to parade anywhere, at any time, with no penalty?’” Sinn Fein MPs, Martin McGuinness and Conor Murphy, took part in an illegal parade at an IRA shrine in south Armagh in October. The PPS recommended no prosecution of anyone in relation to the event.
Mr Nelson said: “By contrast our members are continually threatened with prosecution if bands are not named on the application forms; if we do not keep to the exact route and times specified.” A PPS spokeswoman said: “Every case referred by police is carefully considered by the PPS on its own facts and circumstances.
“A decision to prosecute or for a diversionary disposal can only be taken where it is concluded that there is enough evidence to enable the court to be satisfied to the very high standard required, namely beyond a reasonable doubt, that an offence has been committed by an identifiable individual. “As a general rule the PPS will prosecute where there is sufficient evidence to do so, for example there are currently 37 persons before the court on offences arising out of a protest at Ardoyne in 2010.”
Regarding the decision not to prosecute anyone for the illegal south Armagh parade attended by Mr McGuinness and Mr Murphy, she said: “One individual, who had made themselves available to the police as an organiser of the parade, was reported to PPS. “That individual provided an explanation which the police accepted, for failure to comply with notification requirements. In all the circumstances and the information available, the PPS took a decision not to prosecute”.
The PSNI said its takes illegal parades seriously and seeks to protect the public and gather evidence with a view to prosecutions. “It is incumbent on everyone, from politicians to the wider community, to find long-term solutions to the issue of parades and protest rather than merely policing the symptoms,” a spokesman said.