Leading barrister Michael Mansfield addresses court in Palestine vigil case

Derry Magistrates' Court heard today from Michael Mansfield KC that people leaving a pro-Paleastinian vigil in the Diamond did not constitute a parade under the terms of the Parades Act.

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. 

Today in front of District Judge Conor Heaney legal arguments were made as to why the case should not go to contest on April 21.

Mr Mansfield argued that the legislation setting up the Parades Commission was not intended to be used in cases like this.

He said that the February 14 case there was a vigil in the Diamond something that happened regularly in the city.

He said that following the vigil people left and added 'there  are a limited number of ways of leaving the Diamond'.

He said what took place was more a 'dispersal' than a procession under the legislation.

As regards the incident on February 17 he said that following a demonstration inside Foyleside those taking part then walked to Starbucks with some of them 'meandering' across the road and again he said this was not a procession.

Mr Mansfield said that when the legislation was brought in in 1998 it was intended to cover parades not spontaneous demonstrations.

He argued that it was not practical to expect organisers of vigil and the like to give 28 days notice which is the basis of the case against the defendants.

The barrister said that if the prosecution was successful it could have 'a chilling factor' on people's democratic rights and their right to peaceful protest.

The case continues.