Northern Ireland

Judge says after Lyra McKee murder he would have hoped there would be 'no Easter parades this year'

Journalist Lyra McKee (29) was shot dead while observing rioting in Derry Creggan estate in April last year
Journalist Lyra McKee (29) was shot dead while observing rioting in Derry Creggan estate in April last year Journalist Lyra McKee (29) was shot dead while observing rioting in Derry Creggan estate in April last year

A judge has said he would have hoped that "as it is barely a year since Lyra McKee's murder there would have been no Easter parades this year".

District Judge Barney McElholm was speaking as he convicted three men of wearing clothing giving rise to suspicions they were members of the IRA and two of them of taking part in an illegal parade in Derry in March 2016.

Mark Anthony Canning (43) of St Eithne's Park, James Anthony Kelly (59) of Chamberlain Street and Eamonn Barry Millar (35) of Raftery Close - all in Derry - had denied the charges.

Derry magistrates court heard that a police inspector entered Rathmore Business Park at around 1.10pm on March 28 and encountered two men, one of them Canning, dressed "in full paramilitary uniform" and carrying flags.

The officer said he attended offices in the complex and warned people there that any march would be illegal.

The court was told that some men were seen getting into a white van which was stopped by officers, with Canning found inside still in uniform.

Warnings were also given over loudspeaker from police Land Rovers in the area.

Footage taken from a police helicopter was then shown to the court and a 'colour party' could be seen forming up and marching into Derry City Cemetery.

District Judge Barney McElholm
District Judge Barney McElholm District Judge Barney McElholm

A prosecution lawyer said they also wished to show video footage from YouTube.

However. Eoghan Devlin, defence barrister for Canning, objected on the grounds it had not been proven where and when the footage had been taken.

He applied for a direction in Canning's case on the illegal parade charge, stating that there was no evidence of him actually taking part.

Judge McElholm said there was evidence of him being near where people were gathering for the parade and footage of him afterwards but none of him actually in the parade.

Mr Devlin also raised the wording of the IRA charge, asking which organisation was being referred to.

He said it could be the Provisional IRA, Oglaigh na hEireann or the Real IRA.

Pointing out there were no badges and emblems indicating which organisation was being supported, he said all that could be adduced was that there were people wearing military fatigues.

Judge McElholm said people wearing fatigues should be on a parade ground in a military barracks.

He also asked how dare people call themselves Oglaigh na hEireann when that was the name of the Irish Defence Forces

He said "these days should be gone" and referenced the dissident republican murder of journalist Lyra McKee (29) during rioting in Derry last April.

The judge convicted Kelly and Millar on both charges and Canning of wearing clothing raising suspicions of IRA membership.

He imposed a sentence of two months in prison suspended for two years.

All three indicated they wanted to appeal and they were given bail on condition they do not go within 500 metres of any illegal parade.