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IRA song played at Orange march ruled not sectarianism


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Sheriff Daniel Kelly acquits the accused, who, it seems to me, was broadcasting support for an illegal terrorist organisation. 

Of course, the PF tags the charge with sectarian aggravation, and, much like, perhaps, the Hertz supporter, who banjoed the Lurgan Bigot, fails to prove it. 

 

IRA song played at Orange march ruled not sectarianism

David Meikle

Friday October 23 2020, 12.01am, The Times

 

https://www.thetimes.co.uk/edition/scotland/ira-song-played-at-orange-march-ruled-not-sectarianism-2j8qvbs8r

 

Orange marchers became agitated by the songs Michael McCusker was playing in his car before police intervened

 

A driver who played Irish republican music as an Orange march passed him has walked free from court after prosecutors failed to prove that his action was motivated by sectarianism.

Michael McCusker, 31, was spotted by police in a Range Rover with music blaring during a Battle of the Boyne march in Holytown, Lanarkshire. The car was parked near a pub where band members and supporters had gathered.

Marchers became agitated by the songs and police officers, fearing violence, asked him to move on.

Mr McCusker filmed the incident in a clip that went viral. PC Lynn Livesey, 27, repeatedly tried to get Mr McCusker to move but he refused to do so and continued playing the SAM song which features lyrics “Tiocfaidh ár lá, sing up the ‘Ra’” in reference to the IRA.

PC Peter Tait, 34, was then filmed asking Mr McCusker if he was “coming the c***” with them. Mr McCusker is heard to repeatedly tell PC Tait not to speak to him like that and says “you’re a public servant” before driving off.

Mr McCusker, of New Stevenston, Lanarkshire, was later charged over the incident in July last year and went on trial at Hamilton sheriff court. Prosecutors claimed he had conducted himself in a disorderly manner by playing sectarian music at excessive volume, refused to desist when asked by police and the offence was aggravated by religious prejudice. The case collapsed when neither officer could say why the incident was sectarian, and Mr McCusker was formally acquitted by Sheriff Daniel Kelly, QC.

PC Tait said: “I observed my colleague approach the vehicle and engage but I did not hear what was being said. As I got nearer I could hear loud music, I could identify it as Irish republican music and I was extremely concerned.

“There were numerous band members and supporters passing and they weren’t very happy with it. I got alongside and did say to him, ‘Are you coming the c***’ to get him to listen, which he did. There was a high expectation that there could have been some public disorder going on as a result of this.

“I believed he was there to provoke a reaction. To my knowledge the SAM song is one the IRA use against British soldiers and what the Orange Order are marching for so it would have been two sides against each other.”

John-Paul Gallacher, for the defence, said: “PC Livesey, had no knowledge of the music and then PC Tait made reference to a paramilitary group but made no reference to it being sectarian.”

Leslie Brown, the depute fiscal, said: “It is within judicial knowledge what that would mean and why there would be concerns about that music playing and the Orange walk passing by. This was music that was supportive of the IRA and persons in the Orange walk are on the opposite side of the debate.”

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