Drumcree: Legal bid to overturn march ban fails

Mr Justice Scoffield said: “The secretary of state’s decision was lawful and within the margin of discretion properly afforded him, although it is highly regrettable that it was required in the circumstances which arose.”

He said those who opposed the march should “take no particular joy in the outcome of this case”.

The judge added that “the position which has now been reached has been brought about at very significant cost to the people of Northern Ireland – financially, through the diversion of police resources, and in terms of community relations”.

“Depressingly, the threat of serious and widespread disorder has loomed large,” he said.

He went on: “Significant concerns have now been expressed about respect for the rule of law in this jurisdiction.

“That includes among some elected representatives, by reason of their participation in the unnotified protest.”

Before the parade was banned, the chief constable had written to Sir Chris stating: “The PSNI’s current assessment is that all available, lawful and proportionate options to facilitate completion of the procession have been exhausted.

“Any remaining options would require a substantial public order intervention and this is not assessed to be proportionate, and which would carry an unacceptable risk of serious injury, disorder and a wider contagion affect across Northern Ireland.”

Last week, the court heard PSNI intelligence information that dissidents may have mounted gun attacks on the police had officers cleared a path for the parade.

The Garvaghy Road residents’ case is that the Northern Ireland secretary’s decision was lawful.