THE PSNI/RUC (reformed are you having a laugh) Abandon Challenge To Stop-And-Search ruling.

POLICE have a banded a planned Supreme Court challenge to a ruling that stop, search and question operations involving a former IRA hunger striker and a brother-in-law of Martin McGunness were unlawful.

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“Anyone ever stopped and searched under Section 21 of the Stop and Search Act,

Seek legal advice and sue the PSNI/RUC

It was ilillegal and you are entitled to claim against our

so-called great unbiased police service – TAL32.

Senoir judges in Belfast have been told an appeal by the cheif contabe and secretary of state in the cases of Bernard Fox and Marvin Canning was no longer being persued. Both men are now to press ahead with claimes for damages againt the PSNI/RUC, with Mr Cannings ‘ lawyer disclosing he has been stopped more than 100 times. Eariler this year the Court of Appeal held there was a lack of adequate safegards against potental abuse of system used under the Justice and Security (Northern Ireland) Act 2007. Mr Canning, from Derry, said the stop and question powers were incomppatible with his right to privacy under Euorpean law. The 55-year-old, who is related to the deputy first minister through marriage, alleged that officers were sometimes oppressive and confrontational. He denies any involvement in terrorism but confirmed he is a member of the 32 County Sovereignty Movement, stating it is not an illegal organization. Police had rejected claims that powers under the act were arbitrary used against him.

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A similar judicial rreview challenge was brought by Mr Fox, who took part in the 1981 Hunger strike at the Maze Prison, and his companion Christine McNulty. The Belfast man served more than 20 years in prison for offences including possession of explosives before being released under the terms of the Good Friday Agreement. Police stopped a car he and Ms McNulty were travelling in near Camlough, Co Armagh in March 2011. Their vehicle was searched for munitions, while an officer allegedly took Ms McNulty’s handbag and went through the contents. Mr Fox denies any invovement with dissident republican activities. Police argued that the power was not intended to be used randomly but rather on the basis of threat. Lawyers in both cases successfully overturned a previous High Court decision that no violation under the European Convention on Human Rights had occourred. In the Court of appeal ruling Lord Justice Girvan identified the absence of a code of practice for stop and question operatins under Section 21 of the act. The legal framework pending the introduction of an effective code dies not contain the kind of safeguards against potential abuse or arbitrariness, he held.

Although ammendments have been made to the section dealing with stop-and-search actions, the court ruled in favour of Mr Fox and Ms McNulty based on the situation at the time. Counsel for the chief constable and the secretary of state was expected to attempt to appeal the verdicts at the UK’s highest court but both pulled out at the last minute. However, Tony McGleenan QC on Friday told the Court of Appeal: “I have received instructions this morning that we are not to pursue the appliction for leave to appeal to the Supreme Court in either the Fox or McNulty cases.” Following the notification Mr Canning’s solicitor Paul Pierce of KRW law said: “In veiw of the decision by the chief constable and the secretary of state to abandon the appeal, it now confirms the ruling that the stop and search powers used by police were unlawful. “The fact that a code of practice has now been introduced does not remeady the unlawful use of these wide-ranging powers.” “Our client will now be pursuring a claim for damages, having been subjected to these stop and search powers in excess of 100 times.”

With many thanks to : The Irish News.

Related articles

‘Police caused Newry riot’ – Eirigi

The Camlough Road was the scene of a security alert and a riot

 ‘Police caused Newry riot’ – Eirigi

The Camlough Road was the scene of a security alert and a riot

Eirigi in Newry has claimed that police provocation caused the riot in Newry’s Camlough Road last night.

A police spokesman told Newry Times that officers were attacked with stones, bricks and petrol bombs while they dealt with a suspicious object in the area. Eirigi spokesman Stephen Murney however, dismissed this and instead pointed the finger of blame on the PSNI for ‘creating and provoking a serious riot situation in nationalist areas.’

Speaking to Newry Times, Murney stated, “Under the guise of an alleged ‘security operation’ the PSNI, accompanied by the British Army, arrived in force and proceeded to surround and seal off the Derrybeg and Carnagat areas. Dozens of armored PSNI land-rovers, armored cars, jeeps and British army lorries kept these areas under siege and at one stage two PSNI helicopters kept the local population under surveillance.”

He continued, “éirígí activists from these areas received numerous reports from residents concerned at the heavy handed actions of the PSNI and were at the scene immediately to ensure the safety of their communities. As we have seen numerous times in the past couple of years the British forces have a history of provocation in situations like this and this instance was no different.”

Murney’s interpretation of the riot situation differs greatly from the PSNI explanation. Murney explained “While engaging with the community we witnessed several armored land-rovers driving at speed towards a group of young people who had gathered to watch what was happening. This deliberate attempt to intimidate and provoke the community created a riot situation in which stones, paint and petrol bombs were thrown, with various media reports stating a PSNI member was injured.”

“The blame for this trouble lies squarely with the PSNI who spent their time goading and driving armored land-rovers directly at young people. éirígí activists remained in the area until the British state forces withdrew, leaving the local community to pick up the pieces and clear the destruction left behind by actions of the PSNI.”

He added, “These communities are no strangers to Crown Force repression and have been to the fore in resisting this repression over the years. If the PSNI aren’t harassing residents in these areas by using stop and search legislation and house raids they are provoking our local youths to create riot situations such as this.”

WTTH MANY THANKS TO : Paul MalonePosted by  editor@newrytimes.com. Friday, May 25th, 201 CommunityNews

More RUC/PSNI harassment of parents and children in Newry today

More RUC/PSNI harassment of parents and children in Newry today. A local man was taking his 7 year old son to gaelic this morning, he plays for one of the local youth teams, the child was due to have a photo shoot with his young team mates. The RUC/PSNI stopped and searched them on the Camlough Rd under section 21 & 24, searched for ammunition, wireless apparatus etc. They were held for half an hour resulting in the young child missing his GAA photo. The wee lad was gutted

POSTED ON BEHALF OF : Stephen Murney

A LITTLE ADVICE PLEASE TAKE NOTE :

This need taken up before the EU Committee of Human Rights: Justice & Security Act 2007Section 21 – Stop to ascertain identity and account for movements. … This can be done for as ‘long as necessary’ – Re Mooney as long as 1hour 25 minutes was deemed necessary by the Court. Includes whilst in a vehicle or in person. It is an offence to fail to stop or to answer the relevant questions. Questioning includes: – in regard to identity (name, address, DOB  and movements (coming from and going to) Only British Army can ask anything in relation to a recent incident (explosion or shooting). Section 24 – Search for items such as transmitters, ammunition & wireless                   apparatus. Allows for search of person, vehicle or premises In a person search there is no power to remove any clothing other than outer coat, jacket or headgear. Reasonable grounds are NOT required in a public place but ARE REQUIRED in a private place.

McCreesh family deny British claim

THE FAMILY of IRA hunger-striker

Raymond McCartney Mural, Bogside, Derry, North...

 have strongly rejected claims in a British government document that they prevented him from breaking his fast after he allegedly requested nourishment from the prison authorities.

The 24-year-old from Camlough, Co Armagh, was serving a 14-year term at the Maze Prison, Long Kesh, for the attempted murder of British soldierswhen he died on May 21st, 1981, after 61 days on hunger strike.

Prison Cell

British state papers released under the 30-year rule allege that, five days before he died, McCreesh indicated a willingness to accept nourishment, but that his family advised against such intervention.

A view along the corridor of one of the wings ...

A statement issued yesterday said the document was “untrue” and “inaccurate” in its account of statements attributed to family members.

A statement issued yesterday said the document was “untrue” and “inaccurate” in its account of statements attributed to family members.

“The family have always been convinced that the situation was deliberately engineered by authorities in government and the prison service to break the hunger strike.

“Agents of the state abused the extremely vulnerable condition of a dying man for political and propaganda purposes. When their efforts failed they attempted to vilify the family. This episode stands as a testament to the depravity of the state at the time, and as a measure of the shameless depths to which government was prepared to go to achieve their goals.”

Belfast murals Ardoyne - Ardoyne's claim that ...

In a separate development, former Sinn Féin director of publicity Danny Morrison said other British documents confirmed his version of events leading up to the death of the fifth hunger striker, Joe McDonnell, on July 8th, 1981.

Fence & Tower

Mr Morrison said official notes on a phone call from intermediary Brendan Duddy on July 5th, three days before McDonnell’s death, show that no document on resolving the impasse had been prepared by the British at that stage. He said this refuted a claim by former Maze prisoner Richard O’Rawe in his 2005 memoir, Blanketmen, that Mr Morrison had brought details of a British offer into the prison that day.

Mr Morrison said he was “either in the jail or waiting to get in when this phone call was made. It shows that the British had at this time not even formulated their offer to us, so how could I be carrying in an offer/deal?”

O’Rawe says the British had made an offer which was acceptable to the leadership of the prisoners but the IRA army councilrejected the proposed deal.

The entrance to Compound 19, which during inte...

Ex POWs show their support for protesting prisoners in Maghaberry

O'Donovan Rossa renovated 1990
Image via Wikipedia
Ex POWs show their support for protesting prisoners in Maghaberry
 

Over 1500 people gathered in Ardboe on the Lough Shore of East Tyrone, on the 4th June 2011, to Remember 3 Volunteers who gave their lives for Irish Freedom 20 years ago. The march organised by the Volunteers Family’s in conjunction with the Eamonn Ceannt Society Coalisland/Clonoe and Jeremiah O’Donovan Rossa Society Ardboe, was the pinnacle of a week of events celebrating the lives of Volunteers Tony Doris, Pete Ryan and Laurence McNally.

 

Support for the Protesting POWs in Magaberry Gaol was evident as over 30 ex POWs in white shirts and black ties marched flanked by two banners (ex POWs against strip searching & Prisoners Struggle continues).

 

E-Mail Address friendsofcolinduffy@googlemail.com

SUPPORT OUR P.O.W’s

    
 
White Line Picket in support of the POWs on protest.   There will be a white line picket this Thursday 9th June in support of the POWs on protest in Maghaberry…we are hoping to have a large turn out to highlight the situation in Maghaberry.   On Sunday… we seen a fantastic show of support for the POWs but we need to keep the momentum going, we are asking for everyone to please make the effort and attend.   White Line Picket   Thurs 9th June   7:30pm- 9pm   Bottom of the White Rock Road / Falls Road   VICTORY TO THE POWsSee more
 

Maghaberry Protest Sunday 5th June.

Maghaberry Protest Sunday 5th June.
The Friends and Families of POWs have organised a protest at Maghaberry to highlight the ongoing protest and the deterioration of conditions for republican prisoners in Maghaberry.

 

Newly elected Newry and Mourne councillor Davy Hyland will be speaking at the protest on Sunday.
Pól McAdaim will also be playing a few tunes.

 

We plan to make it loud so everyone is encouraged to bring whistles, horns drums etc….let the POWs hear us outside supporting them.

 

 

 
The protest is planned for,

 

SUNDAY 5TH JUNE

MEETING AT MAGHABERRY CARPARK, 3.00 pm
 
 

 

 

Pick up points for Maghaberry Protest Sunday 5th June.

West Belfast, pick up at bottom of Whiterock Road 2.30pm.

 

 Ardoyne,  pick up Shamrock Bar 2.00 pm.

Newry, pick up Derrybeg bus shelters, Camlough Rd at 2pm.

Lurgan, pick up at Kilwilkie Murals at 2.30 pm.

Anyone who has room in their car is encouraged to go to these pick up points and give lifts.

 

 

 

Support the Republican prisoners in Maghaberry

 

 
 
 

Maghaberry Protest Sunday 5th June.

To: Members in Support the Republican prisoners in Maghaberry
The Friends and Families of POWs have organised a protest at Maghaberry to highlight the ongoing protest and the deterioration of conditions for republican prisoners in Maghaberry.

Newly elected Newry and Mourne councillor Davy Hyland will be speaking at the protest on Sunday.
Pól McAdaim will also be playing a few tunes.

We plan to make it loud so everyone is encouraged to bring whistles, horns drums etc….let the POWs hear us outside supporting them.
The protest is planned for,

SUNDAY 5TH JUNE

MEETING AT MAGHABERRY CARPARK, 3.00 pm

Pick up points for Maghaberry Protest Sunday 5th June.

West Belfast, pick up at bottom of Whiterock Road 2.30pm.
Ardoyne, pick up Shamrock Bar 2.00 pm.

Newry, pick up Derrybeg bus shelters, Camlough Rd at 2pm.

Lurgan, pick up at Kilwilkie Murals at 2.30 pm.

Anyone who has room in their car is encouraged to go to these pick up points and give lifts.

Posted By: Geraldine Mcnamara

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