Prosecutions designed to discourage future anti-march protest
Trial stalled over video controversy
The trial of 18 people from Newtownbutler in County Fermanagh on
charges arising out of a Black Perceptory march in the town in August
1997 got underway last Thursday 11 February. Already it is dogged by
controversy with Thomas O'Reilly, chair of the Newtownbutler Area
Residents Association (NARA), dubbing it ``a show-trial''.
Mr O'Reilly told An Phoblacht that an attempt by the DPP to introduce
the catch-all charge of ``seeking to hinder'' the Black Perceptory
march in place of the original ``obstruction'' charges faced by the 18
was ``an attempt to ensure easy convictions''.
Mr O'Reilly said, ``the other big sticking point is the video evidence
that was introduced. The DPP presented defence lawyers with a tape
that was ten minutes shorter than that which they were using.'' The
solicitors for the 18 are now making a legal challenge to what NARA
see is an attempt at legal sleight of hand on the part of the DPP and
are asking the judge to dismiss the case, a request that the judge
has so far resisted.
The Newtownbutler residents claim the DPP came to the court with
evidence that was doctored to give them an advantage over the
defence. ``They could hardly make a proper defence if they weren't
aware of all the evidence that was to be put against them,'' Thomas
O'Reilly said.
Up until now however the legal arguments as to whether the DPP video
can be used or not is still to be decided.
The case arises from a protest in 1997 when residents of
Newtownbutler objected to a Royal Black Preceptory parade through
their town and were beaten off the streets by the RUC. A woman
seriously injured when she was beaten to the ground was taken away by
ambulance. Those on the nationalist side, holding a peaceful protest,
and who attempted to assist the woman were assaulted and some
injured.
The RUC attack was unprovoked and now in an attempt to justify their
brutality the RUC, aided and abetted by the DPP, are trying to
convict 18 nationalist residents, NARA claims.
``These are clearly politically motivated prosecutions,'' insisted
Thomas O'Reilly, ``and with the marching season creeping up on us once
again there is a definite attempt to intimidate nationalists from
objecting to unwanted Orange parades.
``It took the DPP 18 months to bring charges and it is possible that
they may bring more charges. It seems that they want this to drag on
and might charge others just to keep the pressure on the residents
who don't want these parades''.
As the trial is scheduled to last for three weeks some of those
charged fear for their livelihood. Some are farmers who are finding
it difficult to travel from their farms to Enniskillen every day to
appear in court while other employed people fear that their employers
may not take a sympathetic view of them being off work for such a
long time.
``This is a witch-hunt,'' Sinn Fein Assembly member for Fermanagh Gerry
McHugh said. ``People have the right to object to parades they find
offensive yet the full force of Orange law is being brought to bear
for no other reason than to intimidate nationalists and stamp out the
right to peaceful protest''.
Each day that the trial is being heard Sinn Fein in the area are
organising a picket outside the court and are urging anyone who can
make it to attend.
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