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Tadgh Sands also claimed that he spotted “a commotion” and that “someone called my name,” moments before he stepped off the kerb and into the path of Dessie McVicker, a flute player in the Moyarget Silver Plains band on July 12 2023. District Judge Peter King said however, “the question that has yet to be answered to my satisfaction, is why there was the second crossing”. “There was no sensible or credible reason given to me for why that was done,” the judge told Coleraine Magistrates’ Court, emphasising that the quality of Sands’ sworn testimony was summed up by one of the reasons he gave, “that he may have stepped off the kerb because he had uncomfortable feet”. Sands, 44 and from Leyland Farm in Ballycastle, had been accused of endeavouring to break up a lawful parade at Market Street in the town and with common assault on July 12 2023. The details of the charge disclose that “for the purpose of preventing or hindering a lawful public procession or of annoying persons taking part in or endeavouring to take part in such a procession, hindered or molested or obstructed, or acted in a disorderly manner towards such persons or any of them or behaved offensively and abusively towards such person or any of them”. During a two-hour contest on Thursday, the judge heard evidence from members of the band, police at the scene and the defendant as well as watching video footage of the brief incident at Market Street in Ballycastle. The trial began with YouTube footage being played to the court, showing that as the Silver Plains band turned from the Diamond into Market Street, Sands crossed the road between the Orange Order banner and the band’s colour party. That caused the five-strong colour party to slow down and hesitate slightly, but not to stop. Wearing a black GAA top, Sands reaches the far side but, with his off-lead dog following him, he turns around and looking to his left, he steps off the kerb and barges into flute player Mr McVicker, bringing the parade to a brief halt. Giving evidence to the court, band master Mark McGregor said that as they had to stop to replace a skin on the bass drum, Silver Plains were the last band in the parade that day. He told the prosecutor when he saw Sands’ first crossing, “I thought it was a bit strange and out of the normal” and having mentioned it to a police officer, he caught up with the rest of the band. Mr McGregor added, however, that as the band rounded the corner, he saw Sands step off and “almost body check Dessie” so he ran over to put a barrier between the defendant and everyone else. “As band master, I have a duty of care to everyone who was there,” he told Judge King, adding that once police officers stepped in to help, he took steps to get the band reformed and back up the road to the waiting buses. Under cross-examination from defence counsel Nadine Knight, he refuted her suggestions that in actual fact, “you were the aggressor” and Sands only stepped off the kerb as Mr McGregor ran at him. Ms Knight put to him that Sands’ motivation in stepping off the kerb was to put a barrier between himself and the defendant because Sands saw him running to him but Mr McGregor maintained, “no way”. Mr McVicker was also called to give evidence and he said that as Sands barged into him, “I was caught unawares”. “This doesn’t happen,” he told the prosecutor, “I was like, ‘what’s happening here’ that sort of way.” The flute player said he didn’t know who Sands was and only became aware of him when he was “body-checked”. Ms Knight suggested to him that essentially, Sands was “using you as a barrier” between himself and Mr McGregor, further suggesting the witness was “collateral damage” as the defendant sought to protect himself. Mr McVicker was adamant however, “that is not possible at all … he had already barged into me before anybody came over”. One of the officers who had been at the scene told the court that in the immediate aftermath of the incident, “we wanted to get calm restored as quick as possible”. She said once Sands’ father had taken him away, she concentrated on calming the “irate” band members but that overall, the entire incident lasted around 90 seconds. Sands opened to give evidence on his own behalf, outlining that having the day off work, “I took the dog a walk up the beach and then watched the procession”. Describing the atmosphere as “jovial,” he claimed he initially crossed the road intending to go home but as he got to the other side, he heard a commotion and someone calling his name so he turned around. “As I stood there, I noticed Mr McGregor running at me so if anything, I was stepping away from that boy,” Sands told his defence counsel, adding that, “if I had stayed where I was, he would have made contact with me so yeah, I was making a barrier … I was like, taking evasive action. “And then everybody approached me and I literally, did not know what was going on,” Sands claimed. Under cross-examination from the prosecution, the lawyer suggested to Sands that having crossed the road, “you had no reason to step off that kerb”. “My feet were uncomfortable,” Sands claimed, “I could have been standing on the edge and there was people all around me, there was no space – I didn’t step off the kerb to cause any harm.” After the video clip was played again, the prosecutor pressed him that, “you can see you have a good arm’s length on either side there” and further that as he was looking to his left, “you were already thinking what will cause an issue here”. “You were there that day to disrupt that parade,” the lawyer declared, “you are the only one who heard your name being called, you are the only one who heard this commotion, none of the other witnesses heard any commotion, including police who were there.” Sands told her, “I beg to differ” and asked rhetorically, “why would I want to disrupt the parade?” In delivering his verdict, Judge King told the court that if Sands had only crossed the road once, “we would not be having this contest”. “It is the second crossing that causes a significant issue in terms of the offence,” the judge added. He said that having considered the evidence, with Sands’ claims that he stepped off the kerb “because he had uncomfortable feet … I am absolutely satisfied that defendant’s actions were designed to hinder the lawful procession”. Judge King said he also rejected Sands’ claims that Mr McVicker was “somehow a barrier or collateral damage” as he tried to protect himself from the band master. Accordingly, Sands was convicted of common assault and hindering a lawful procession. Imposing fines totalling £750, Judge King highlighted that as a result of Sands’ actions, “this could have descended into a general melee; it could have, but it didn’t”. In addition to the fines, Sands was also ordered to pay £150 compensation to Mr McVicker and the judge said “given the precarious nature of your employment,” he would allow him six months to pay.
