Loyalist flute band wins appeal over alleged sectarian tune

Thirteen members of a loyalist flute band have successfully appealed convictions for provocatively playing a sectarian tune outside a Catholic Church in north Belfast.

Prosecutors did not oppose their challenge to the guilty verdicts — but only because they consented to being bound to keep the peace for two years.

Charges had been brought against the defendants, all members of the Young Conway Volunteers, due to their actions during a Twelfth of July parade in 2012.

It was previously claimed they took part in a rendition of the Famine Song while marching in a circle at St Patrick’s Chapel on Donegall Street. The band members were accused of doing a provocative act likely to cause public disorder or a breach of the peace.

They denied playing the tune, declared racist by senior judges in Scotland, which includes the line ‘The famine’s over, why don’t you go home?’.

Instead, they claimed to have been performing the Beach Boys hit ‘Sloop John B’. Played to the same music, that song has the lyrics ‘I feel so broke up, I wanna go home.’

In April, the 13 defendants were all convicted, with three of them receiving five-month suspended prison sentences. Fines of £300 were imposed on all but two of the accused, while binding over orders were also handed down.

A challenge to the convictions was due to be heard at Belfast County Court on Tuesday but instead it was confirmed that the Public Prosecution Service would not be resisting the case. On that basis the appeals were allowed.

The outcome was reached after each of the defendants agreed to being bound in the sum of £50 to keep the peace and be of good behaviour for two years. Any default could see them jailed for up to seven days.

Outside court, solicitor John Greer, who represented 12 of the defendants, said: “No offence was ever intended to the residents and parishioners of the church. “Common sense has prevailed and my clients want to put the matter behind them.”