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Orange Order add police chief to court challenge of Drumcree parade ban

Julian O'NeillCrime and justice correspondent, BBC News NI
News imageGetty Images / PA Media A composite showing two photos next to each other. Sir Chris Bryant is on the left. He's outside and has a suit on with a white shirt and red tie. Jon Boutcher is on the right. He's wearing glasses and has lapels on the shoulders of his white shirt. He has a black tie on and is sitting in front of a mic.Getty Images / PA Media
The secretary of state (L) and the chief constable (R) are now both included in the legal challenge taken by a member of the Orange Order

An Orange Order challenge to a decision to ban the Drumcree parade has been delayed after Northern Ireland's police chief Jon Boutcher was added to the case.

The Portadown Orangemen want to overturn the Secretary of State's intervention on Friday night, which came after he received advice from the chief constable.

Boutcher had advised Sir Chris Bryant that the parade could have caused serious disorder, with "catastrophic" consequences for Stormont and the peace process.

On Monday, Belfast's High Court heard that the case is now being brought against both Boutcher and Sir Chris.

The Orange Order's case was adjourned until 19 October at a short hearing at the High Court.

The court heard that Boutcher was added to the case at 17:30 BST on Sunday.

Barrister, Peter Coll KC, for the Police Service of Northern Ireland (PSNI), asked for more time to prepare for the new role in the legal challenge.

News imagePA Media Sir Chris Bryant - man with grey hair, black blazer, blue shirt, and blue patterned tie. Backdrop behind him is dark.PA Media
Although Sir Chris Bryant subsequently banned the parade, he did not "strike down" the commission's ruling, which still stands

Lawyers for the Orangeman taking the case argue that: "Given the immaterial considerations which vitiated the PSNI assessment, it follows that the same error infected the secretary of state's decision."

Richard McConkey KC, representing the Portadown Orangeman, accepted: "We are seeking to include the chief constable as a second respondent (but) it will have a knock-on effect on the hearing date."

Loyalist activist Jamie Bryson, who is acting as a legal adviser for the Portadown District Lodge, explained that the legal case was widened to include the chief constable because the secretary of state "has relied upon" Boutcher's assessment.

"The chief constable has decided he can't police this. We say he hasn't made any efforts to police it," Bryson said outside court.

Mr Justice Scoffield set aside a full day to deal with the application for judicial review, saying he had "balanced the requirements for efficiency and expedition".

News imagePA Media A PSNI land rover close to Drumcree Church in Portadown. It's white with metal guards at its front and over its sirens. There is a blue and yellow checkered pattern around it just above the wheels. It is in front of a grey stone church. The sky is cloudy. The PSNI land rover is parked at a side of a road, Drumcree church is seen in the background where a graveyard is also visible.PA Media
Both sides have sought court intervention from differing perspectives

The Garvaghy Road residents are involved in a separate court case.

The Court of Appeal is also set to rule on Monday whether the Garvaghy Road Residents' Coalition can contest the original Parades Commission determination allowing the parade.

Although Sir Chris subsequently banned it, he did not "strike down" the commission's ruling, which still stands.

The court heard arguments in the case last week.

A lawyer for the residents' group claimed the commission's decision was flawed over how it weighed up the potential for disorder if the parade was permitted.

'Catastrophic consequences'

The parade, by 35 members of Portadown District Orange Lodge, was meant to have gone ahead on 27 September.

However, an unlawful protest blocked the mainly nationalist Garvaghy Road and a two-week stand-off developed.

News imagePA Media Jon Boutcher is looking over the top of his glasses which have a black frame. He has short, white hair. He is wearing a shirt with epaulettes on the shoulders and a black tie. PA Media
Chief Constable Jon Boutcher urged the secretary of state to intervene

On Friday, Boutcher urged the Secretary of State to intervene.

Boutcher said "proportionate options" to police the parade had been "exhausted" and any operation to clear the route would have "catastrophic" consequences.

Policing the stand-off has cost around £5m, largely due to officer overtime.