CHARGES AGAINST Marian Price, a former hunger striker, and three Derry men in connection with an Easter parade in Derry last year were dismissed yesterday at Derry Magistrate’s Court.
Ms Price (57), who appears in court under her married name of Marian McGlinchey, from Stockman’s Avenue, Belfast, along with Paddy McDaid (42) of Sackville Court, Frank Quigley (29) of Elmwood Road, and Marvin Canning (50) of Glendara, all in Derry, were all due to face a preliminary hearing yesterday in connection with managing and taking part in a meeting in support of a proscribed organisation on April 25th last year.
However, defence solicitors for the men said they had not received any papers in connection with the holding of the hearing.
A defence barrister for Ms McGlinchey, who did not appear, said that his client had been judged unfit to travel, and that her condition had deteriorated and she had been deemed unfit even to appear by video link.
A barrister for the prosecution said that the papers were almost ready and requested a short adjournment. Defence solicitors then made an application that District Judge Barney McElholm should refuse to return the four for trial due to delays in the prosecution case.
David Herrity, for Ms McGlinchey, said his client was “severely depressed” due to her incarceration and may not be fit to attend for some time.
Judge McElholm said if it was just a matter of Ms McGlinchey’s illness her case could be separated from the rest, but the fact that there were no papers in the other cases was concerning him.
He described the case against the four as “straightforward”, and added: “I have seen cases where there are complicated forensics take less time.”
He said he had limited powers in cases like this. Then he added: “But if I do not use what teeth I have I may as well sit back and allow the prosecution to dictate the pace.”
He said that everyone was entitled to a fair trial within a reasonable period of time.
The barrister for the prosecution requested a two-week adjournment to allow the papers to be finalised.
Judge McElholm said he was not granting any further adjournments and as there was no evidence before him he was not returning the four for trial.
He said Ms McGlinchey’s case was different, but told the three men who appeared in front of him that they were free to go.