It’s looking likely that for the first time in the island of Ireland, someone will be put on trial for protesting against racism. The alleged offence took place when anti-racism campaigner Barbara Muldoon participated in a protest against the appearance of far-right politician Nick Griffin on the BBC’s current affairs discussion panel show Question Time in Belfast on 22 October 2009.
It’s looking likely that for the first time in the island of Ireland, someone will be put on trial for protesting against racism.
The alleged offence took place when anti-racism campaigner Barbara Muldoon participated in a protest against the appearance of far-right politician Nick Griffin on the BBC’s current affairs discussion panel show Question Time in Belfast on 22 October 2009.
The protest was attended by more than 200 anti-racism campaigners from various backgrounds, as well as a group supporting Griffin’s British National Party (BNP). It’s worth noting that even in the Police Service of Northern Ireland’s (PSNI) own records, the BNP group had their faces covered as they shouted abuse at the anti-racism protesters, forcing the police to form a line between the two groups.
Witnesses in the case state that the BNP supporters gave Nazi salutes and used racist language, that the police did not intervene, and that none of the BNP supporters was arrested.
They also claim that at the end of the protest, police advised Muldoon that the safest way for the anti-racism demonstrators to disperse following the protest was to make their way towards City Hall, while police ensured that the BNP supporters remained behind. However, as soon as the protesters began to move it was claimed that they were taking part in an unlawful procession. At this point Muldoon was arrested.
Apart from Peter Bunting, the assistant general secretary of the Irish Congress of Trade Unions (ICTU) who had also been present at the protest, the rest of the protesters made their way to City Hall without incident.
Almost two years on from that night, Muldoon received a summons stating that she was to appear before the Magistrate’s Court in Belfast charged with the offence of taking part in an unlawful procession under Section 6 of the Public Processions (NI) Act 1998. Similar charges were brought against Bunting, though his case was later dismissed.
Muldoon and her lawyers were confident that the Public Prosecution Service (PPS) would review the decision to prosecute her in light of the outcome of the case against Bunting. They were particularly confident the charges would be reconsidered in light of the criticism levelled at the police and the PPS in recent months over the very small number of prosecutions relating to the unionist flag protests at City Hall. Muldoon’s solicitor has raised concerns that there is clearly a lack of guidance and consistency in relation to the policing of protests in the North.
But on 19 April last the PPS confirmed that they were intending to proceed with the case against Muldoon and that they were confident they could secure her conviction. The magistrate adjourned the case to permit her lawyers to make an abuse of process application against the PPS, which took place on 10 May. But the court refused this application, so Muldoon will stand trial on 10 July.
To prosecute someone for protesting against racism is unprecedented in this part of the world, and I wholeheartedly believe that Barbara Muldoon should have never been arrested. This is not only an attack on the anti-racism campaigners, but an attack on us all, and on the freedom of expression and the right to participate in any legal protest. The charges against Muldoon should be dropped, and no right to reply should be given to racist bigots.
Mohammed Samaana is a freelance writer based in Belfast.
