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Saturday 21 August 2010

FYI

Last year Daithi McKay made false claims about who threw a petrol bomb at police officers.  This year he is up to the same game as regards the law. He claims the changes as a result of a hoax bomb alert made it illegal.

For his information:

"(7) A person who knowingly fails to comply with a condition imposed under this section shall be guilty of an offence, but it is a defence for him to prove that the failure arose— .
(a) from circumstances beyond his control; or .
(b) from something done by direction of a member of the Royal Ulster Constabulary not below the rank of inspector."

The hoax bomb was beyond the parade organisers control and the changes were done under the direction of the police.  The police also have powers under public order that enable them to react to events on the ground despite a Commission ruling.

UPDATE Slugger O'toole has picked up on the same issues (I beat them to it by about 15 minutes) and it includes Daithi McKay's responses to the above criticisms.

UPDATE 2:  Parades Commission confirms it:

"a spokesman for the parades body made clear that due to the unforeseen bomb scare, what happened on Friday night was "beyond normal circumstances". "In those situations, police have operational control, the legislation is very clear on that," he said.  "It is up to them to make judgment calls on public order grounds and on health and safety grounds."

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