Suspended jail sentence for man who took part in 'Irish Sea Border' protest parade
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Thomas John Balmer (59), of Drumtara, Ballymena committed the offence on April 24, 2021, the town’s magistrates’ court heard.
The charge he admitted to was that he 'took part in a public procession in respect of which the requirements of section 6 of the Public Processions (Northern Ireland) Act 1998 had not been satisfied, contrary to Section 6(7)(a) of the Public Processions (Northern Ireland) Act 1998'.
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Hide AdA prosecutor said at 10.40am on April 24, 2021, "despite Coronavirus regulations being in place" around 400 people gathered in the Wakehurst area of Ballymena for a "protest against the Irish Sea Border".
Four bands took part and "hundreds" of people were "walking alongside a parade" with numbers "approaching 1,000" as the parade moved "around Ballymena town centre".
The prosecutor said two vehicles were "following the procession throughout the route".
The defendant was driving one of the vehicles and he passed a police sign which warned against taking part in an unnotified procession. "Verbal warnings" were also given by police about the parade, the court heard.
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Hide AdThe defendant was "identified through insurance records for his vehicle" and when cautioned he said: "I admit I was there".
The court heard an occupant of the other car is due to appear at court in January.
A defence lawyer said it appeared the "drivers" of the two vehicles were the "only two people to be prosecuted".
The solicitor said Balmer "appears to have got himself caught up in this peaceful parade involving local people".
He said the defendant had "health difficulties".
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Hide AdDistrict Judge Nigel Broderick said it may have been a peaceful parade "but it was in breach of the law and in breach of the Covid regulations".
The judge told the defendant: "If you had been fit I would have given you Community Service but you have been deemed unfit for Community Service by the Probation Board and that is because of a plethora of physical ailments.
"However, that didn't prevent you driving a car as part of an illegal demonstration. I don't consider a fine to be appropriate because it is too serious for a fine. I would have given you a Community Order but you are not fit for that so I am going to impose a sentence of three months imprisonment but I will suspend that for twelve months".