Six loyalists who took part in UDA commemoration parade convicted of wearing paramilitary clothing

Delivering his judgement at Coleraine Magistrates Court, District Judge Peter King said that given the paramilitary garb each of the defendants was wearing, that all bar one was wearing a UDA armband and the nature of the parades in Londonderry and Ballymoney, “they can do nothing but arouse a reasonable suspicion that they were either a member of a supporter of the UDA.”

“I am satisfied beyond reasonable doubt that in respect of each defendant, every element of each complaint is proven and accordingly, each defendant is convicted,” he concluded.

Five of the defendants were charged with two offences of wearing clothing or having articles “in such a way or in such circumstances as to arouse reasonable suspicion that he was a member or supporter of a proscribed organisation.”

One man had faced one charge while only one of the men was not accused of wearing a “UDA armband.”

The six defendants are:

• Kris McGrath, (37), from Blackthorn Court in Coleraine — faces two charges of wearing clothing or having items, “namely military-style cap, sunglasses, a scarf, military-style jumper, military-style belt and gloves, in such a way or in such circumstances as to arouse a reasonable suspicion that he was a member or support of a proscribed organisation”;
• Jamie McKee, (27), from Quickthorn Place, Coleraine — faces two similar charges alleging that he “wore clothing and articles, namely a military-style cap, military-style jumper, gloves, sunglasses and a UDA armband, in such a way or in such circumstances as to arouse reasonable suspicion that he was a member or supporter of a proscribed organisation”;
• Stephen McNeill, (61), from Rochester Court, Coleraine — faces one charge that he “wore clothing and articles, namely a military-style cap, military-style jacket, sunglasses and a UDA armband, in such a way or in such circumstances as to arouse reasonable suspicion that he was a member or supporter of a proscribed organisation”;
• Richard McConaghie, (35), Greystone Crest. Derrick — faces two charges;
• Jason Dale Anderson, (47), Alexandra Avenue, Ballymoney — faces two charges;
• Nicholas Greenfield, (40), Bannfield, Ballymoney — faces two charges.

None of the half dozen loyalists had attended court but were not obliged to and according to their lawyers, the six defendants were all merely taking part in a commemoration parade on September 25, 2021.

According to the prosecution, however, they were all wearing UDA clothing and as such, the court can infer that each man “was a member or supporter of a proscribed organisation, namely the UDA.”

Delivering his ruling today, Judge King said there was no dispute in the evidence in that there had been two parades that day, one in Derry and another in Ballymoney, but that each were identical with the same people involved, wearing the same clothing and carrying the same items.

The parade had been listed for the purpose of “commemoration of the amalgamation of the loyalist association of workers and local defence groups and associations in 1971.”

Both parades had been captured in video footage by the police and the judge outlined how each of the defendants had been wearing “loyalist paramilitary garb” including combat shirts and sunglasses as well as armbands marked with the UDA crest and there had also been some poppy wreaths marked with UDA battalion identifiers.

The UDA has been a proscribed organisation since 1992 and the judge said he was satisfied “there should be a strict liability” approach adopted when deciding on such cases in that there was no necessary intention on the part of a defendant.

Judge King said that by the time of the parade, the UDA had been an illegal organisation for almost 30 years and turning to the defence skeleton arguments, he summarised how they submitted it was a commemoration and historical parade, commemorating the UDA when it was a legal organisation and pointed to the fact that Parades Commission legislation had been adhered to.

“I regret to say that after some consideration, I reject that argument,” Judge King ruled.

“At some stage in a currently proscribed organisation’s history, they were not proscribed. As in the UDA case, a period of terrorist criminality by an organisation will trigger a decision to proscribe.

“Should supporters of such an organisation wish to subvert the relevant section, all they would have to do was pick a moment in time before prescription and manufacture a foundation on which to commemorate,” said the judge.

While McGrath was the only one not wearing a UDA armband, Judge King said he was not making any difference because he “was in the midst of a sea of armband-wearing marchers and dressed in quasi-military uniform, behaving in exactly the manner as those around him.”

Having entered guilty pleas for all defendants on each of the charges, the judge said he would pass sentence on January 24.