incident | 

Alleged New IRA leaders among four fined over illegal protest outside jail

While 25 people in total had faced charges arising from the incident outside the maximum security prison on September 26, 2020, only four were dealt with today

Derry dissident Thomas Ashe Mellon

Staff reporter

Four people, including two alleged New IRA leaders, were today handed fines amounting to £3,200 after they were convicted of taking part in an illegal protest outside HMP Maghaberry.

While 25 people in total had faced charges arising from the incident outside the maximum security prison on September 26, 2020, only four were dealt with today — although the defendants themselves did not attend court.

The four included Derry men Fergal Melaugh (64), from Magowan Park, and Thomas Ashe Mellon (47), from Rathmore Road, both of whom were named in BBC’s Spotlight programme as the alleged leaders of the New IRA.

Also fined was Cliodhna McCool (30), from Ballymagowan Gardens in Derry, whose partner is the high-profile dissident republican and national chairman of Saoradh Stephen Murney.

The fourth was Eamon Barry Millar (39), from Raftery Close in Derry.

Previous courts have heard the charges arose following an overnight protest involving “over 100 people” at the prison visitors’ centre.

The protest outside Maghaberry jail on September 26, 2020

The protest revolved around the treatment being received by Dr Issam Bassalat, who at the time was being held in a Covid-19 isolation area after he returned to prison from hospital.

Dr Bassalat is one of 10 defendants — eight men and two women — facing terror charges after MI5 double agent Dennis McFadden covertly recorded two meetings of the New IRA Army Council.

A prosecuting lawyer has also indicated previously that the Public Prosecution Service would be willing to “offer police cautions across the board to each of the defendants” and if so, the prosecution would withdraw the charges.

Some of the 25 defendants did accept cautions, but a number of others did not and they have been dealt with previously.

In court today, defence counsel Conor Lunny, representing all four defendants, reminded the court of his submissions that while they all accept being there, the offences are not made out because, according to the defendants, “it was not a march or a procession”.

District Judge Rosie Watters said that, having watched the footage and looked at the evidence, “I’m satisfied that it was a procession.”

“They had a banner, they let off fireworks or flares, and someone was blaring a horn. It looked like a procession to me and I’m satisfied that it was a procession,” said District Judge Watters.

She convicted all four of taking part in an unnotified procession and with breaching Covid regulations which were in place at the time.

District Judge Watters said that each of the defendants had relevant entries on their records, but that Millar and McCool’s records for this type of offence were slightly worse.

Millar and and McCool were fined a total of £850 each, while Mellon and Melaugh were fined £750 each.

It is understood, however, that each of the defendants is set to appeal the convictions and sentences.


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