Police investigating loyalist tensions in east Belfast have been gathering evidence using the 400 year old offence of 'unlawful assembly'.
The PSNI have come under pressure in relation to the gathering of over 60 people in east Belfast on Tuesday, February 2.
Footage from CCTV cameras showed a number of uniform officers watching on as men dressed in sports clothing, wearing face coverings and with their hoods up walked through the streets of the Pitt Park area.
Police said at the time they had launched an investigation and were reviewing evidence. There has been a visible police presence in the area since the incident.
Sinn Féin policing board member Gerry Kelly strongly criticised the lack of action by police at the scene saying: “Meaningful intervention and action from PSNI in the early stages of this UVF ‘show of strength’ could have prevented this escalation of events".
"The PSNI has serious questions to answer over its inadequate response to the initial incident in the Pitt Park area", he added.
Earlier this week police investigating the incident served warrants on a number of premises seeking CCTV footage "in connection with the offence of unlawful assembly".
The offence was abolished in the rest of the UK in the 1980s - replaced with the Public Order Act - but the 400 year old law remains actionable in Northern Ireland, despite it rarely being used.
A study into the use of public order offences in Northern Ireland, carried out by the Institute for Conflict Research, found that between 1995 and 2003, 16 people were prosecuted for unlawful assembly.
Only one person was convicted. The conviction occurred in 2002 and the individual was sentenced to a community supervision order.
Serious public disorder is usually investigated under terrorism or public order legislation, the most commonly used offences are that of riotous assembly, affray and riotous behaviour.
Policing Board Chair Doug Garrett said in a statement yesterday that the board accepted the policing of Covid-19 Regulations has proven to be challenging.
"The different perspectives and views around policing style, approach and community relationships will need further consideration by the Board.
"However, there remains a consensus and commitment from all of our Board Members to work with the Chief Constable as we move forward in dealing with the issues", he added.
Loyalist activist Jamie Bryson has accused the PSNI of bending under pressure from Sinn Féin policing board members to make arrests in east Belfast.
"In an attempt to find any crime they think they can make fit, they seem to have resorted to an offence almost as old as Moses", he said.
A spokesperson for the PSNI said: "Detectives from Criminal Investigations Branch investigating the circumstances surrounding a significant gathering of masked men in the Pitt Park area of East Belfast on February 2nd have served a number of warrants recently for the recovery of CCTV. They are currently examining this material."
