Ballycastle: Man fined for disrupting Twelfth parade after judge rejects defendant’s claim that his feet were ‘uncomfortable'

Tadgh Sands also claimed he spotted “a commotion” and that “someone called my name,” moments before he stepped off the kerb and into the path of Dessie McVicker, a flute player in Moyarget Silver Plains band on July 12, 2023.

District Judge Peter King said however, “the question that has yet to be answered to my satisfaction, is why there was the second crossing.”

"There was no sensible or credible reason given to me for why that was done,” the judge told Coleraine Magistrates Court.

Sands, (44), from Leyland Farm, Ballycastle, was accused of endeavouring to break up a lawful parade at Market Street in the town and with common assault on July 12, 2023.

The charge read that ‘for the purpose of preventing or hindering a lawful public procession or of annoying persons taking part in or endeavouring to take part in such a procession, hindered or molested or obstructed, or acted in a disorderly manner towards such persons or any of them or behaved offensively and abusively towards such person or any of them.’

During a two-hour contested hearing, the judge heard evidence from band members, police and the defendant, as well as watching video footage of the brief incident.

The trial began with YouTube footage being played, showing that as the Silver Plains band turned from the Diamond into Market Street, Sands crossed the road between the Orange Order banner and the band’s colour party.

That caused the five-strong colour party to slow down and hesitate slightly, but not to stop.

Wearing a black GAA top, Sands reaches the far side but, with his off-lead dog following him, he turns around and looking to his left, steps off the kerb and barges into flute player Mr McVicker, bringing the parade to a brief halt.

Giving evidence, bandmaster Mark McGregor said when he saw Sands’ first crossing, “I thought it was a bit strange and out of the normal” and having mentioned it to a police officer, he caught up with the rest of the band.

Mr McGregor added, however, that as the band rounded the corner, he saw Sands step off and “almost body-check Dessie” so he ran over to put a barrier between the defendant and everyone else.

"As bandmaster, I have a duty of care to everyone who was there,” he said, adding that once police stepped in, he took steps to get the band reformed.

Under cross-examination from defence counsel Nadine Knight, he refuted her suggestions that he was “the aggressor”.

Ms Knight put to him that Sands’ motivation in stepping off the kerb was to put a barrier between himself and the defendant because Sands saw him running to him, Mr McGregor maintained, “no way.”

Mr McVicker was also called to give evidence and he said that Sands barged into him, he was “caught unawares”.

The flute player said he didn’t know who Sands was and only became aware of him when he was “body-checked”.

Ms Knight suggested Sands was “using you as a barrier” between himself and Mr McGregor, further suggesting the witness was “collateral damage” as the defendant sought to protect himself.

Mr McVicker was adamant however, “that is not possible at all…he had already barged into me before anybody came over”.

A police officer said that in the immediate aftermath of the incident, “we wanted to get calm restored as quick as possible”.

Sands give evidence on his own behalf, outlining that he had taken the dog a walk up the beach and then watched the procession.

Describing the atmosphere as “jovial,” he claimed he initially crossed the road intending to go home but as he got to the other side, he heard a commotion and someone calling his name so turned around.

"As I stood there, I noticed Mr McGregor running at me so if anything, I was stepping away from that boy,” Sands said, adding: “if I had stayed where I was, he would have made contact with me so yeah, I was making a barrier…I was like, taking evasive action.

"And then everybody approached me and I literally, did not know what was going on.”

Under cross-examination from the prosecution, the lawyer suggested to Sands that having crossed the road, “you had no reason to step off that kerb”.

"My feet were uncomfortable,” Sands claimed, “I could have been standing on the edge and there was people all around me, there was no space - I didn’t step off the kerb to cause any harm.”

After the video was played again, the prosecutor said: “you can see you have a good arms length on either side there” and that as he was looking to his left, “you were already thinking what will cause an issue here”.

"You were there that day to disrupt that parade,” the lawyer declared, “you are the only one who heard your name being called, you are the only one who heard this commotion, none of the other witnesses heard any commotion, including police who were there.”

Sands replied: “I beg to differ” asking: “why would I want to disrupt the parade?”

Judge King said if Sands had only crossed the road once, “we would not be having this contest. It is the second crossing that causes a significant issue in terms of the offence.”

He said having considered the evidence, he was “absolutely satisfied that defendant’s actions were designed to hinder the lawful procession”.

Judge King said he also rejected Sands’ claims that Mr McVicker was “somehow a barrier or collateral damage” as he tried to protect himself from the bandmaster.

Accordingly, Sands was convicted of common assault and hindering a lawful procession.

In addition to fines totalling £750, Sands was ordered to pay £150 compensation to Mr McVicker.