Parade ruling may be appealed

Garvaghy Road residents met in Portadown yesterday evening to plan their approach to a junior Orange parade due to take place…

Garvaghy Road residents met in Portadown yesterday evening to plan their approach to a junior Orange parade due to take place tomorrow, following a failed attempt in the courts to challenge the parade.

Earlier yesterday a judge in Belfast refused leave to challenge a decision by the Parades Commission to allow the junior Orange lodge to march along the Garvaghy Road tomorrow.

Last night the spokesman for the Garvaghy Road Residents' Coalition, Mr Breandan Mac Cionnaith, said: "A further appeal is under consideration".

Speaking at a public meeting in St Mary's Hall in Portadown last night he said: "We are here to consider what form of protest if any will be taken in the event of the parade going ahead."

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Assembly members Dr Dara O'Hagan of Sinn Fein and the SDLP's Ms Brid Rodgers attended the meeting.

Ms Rodgers said: "I support the action that the people here have taken and in the dignified and non-violent way in which they have gone about this."

In the High Court in Belfast, Mr Justice Kerr said an arguable case had not been made out on behalf of a Garvaghy Road resident and he dismissed an application for leave to apply for a judicial review.

The judge referred to an affidavit sworn by Mr Mac Cionnaith, chairman of the Garvaghy Road Residents' Coalition, in which he said the Parades Commission had failed to consult with him or any other representatives about a proposal to allow the parade without imposing any conditions.

Mr Justice Kerr said since Mr Mac Cionnaith's affidavit was presented to the court there had been a replying one on behalf of the Parades Commission. In it, an official said there was a meeting on May 20th between the commission and the Residents Coalition, including Mr Mac Cionnaith.

The minutes recorded that the parade was discussed and that Mr Mac Cionnaith made representations and observations.

"This evidence is clearly in conflict with the claim made by Mr Mac Cionnaith that there was no discussion with him about the procession," said the judge.

"He responds to this by saying no one in the commission indicated they had formed any view about the parade, still less that they proposed to impose no conditions."

The judge said there was a clear obligation to put before the court all relevant material to ensure the court was not misled. "I am satisfied that the applicant in this case has not made a full and proper disclosure and I do not accept the explanation which has been proferred by Mr Mac Cionnaith for his failure to refer to this meeting.

"Any attempt to put the court in full possession of the facts would clearly include reference to that very significant meeting."