A DISTRICT Judge on Saturday declared that anyone involving themselves in the “racially motivated rioting” should eventually face the Crown Court.
Speaking as he refused to free four alleged rioters, ranging in age from 16 to 62, District Judge Mark Hamill said one question that had not yet been asked was what venue would the cases eventually end up.
While a prosecutor told the judge no decision had yet been made by the Public Prosecution Service Judge Mark Hamill, one of the most experienced petty sessions judges, told Belfast Magistrates Court: “If there is racially aggravated riotous behaviour, that is a Crown Court case all day long.
To date the PSNI have made 26 arrests and charged a total of 21 people to court and while defendants in England have been fast tracked through the courts, Judge Hamill highlighted there is no such fast track system in Northern Ireland.
Two men and two teenagers appeared in court on Saturday all accused of riot and all of them were refused bail and remanded into custody.
The first to appear was 18-year-old Diego Audley, from Rockland Street in Belfast, and he was charged with two counts of riot, two counts of having masonry as a weapon with intent to cause criminal damage relating to riots on 16 July at Broadway and 3 August on Sandy Row.
A police officer told the court the teenager was recorded on CCTV footage at both scenes and while he was masked, he was tracked by cameras until he was unmasked and able to be identified.
The officer claimed that at each scene he was involved with crowds of more than 30 other people and he was recorded arming himself and throwing masonry at police.
Defence solicitor Denis Maloney stressed that Audley was denying each of the offences, claiming that it is not him recorded on the footage and arguing that the clothing does not match.
The solicitor suggested that with the teenager’s family attending court, he could be freed on bail with stringent conditions but Judge Hamill refused.
The second alleged rioter to appear was 62-year-old David Dubois from Ravenswood Park, Belfast.
He was charged with a single count of riot arising from events on Sandy Row on 3 August.
According to the police case Dubois, who repeatedly wiped away tears as he stood in the dock, stood in the middle of the road in front of police lines and waved his arms trying to beckon other people out on to the road.
A police officer confirmed that Dubois was the only individual to hand themselves in to police after images of suspects were released and Mr Russell said that rather than throwing anything at police, the 62-year-old had “shown defiance” towards police.
A solicitor suggested that as Dubois had voluntarily handed himself in, if he was freed on bail it may encourage others to do the same.
Judge Hamill said while he did not wish to discourage anyone from handing themselves in “what is exceptional is the situation I have alluded to that the city of Belfast is enduring racially motivated rioting.”
Refusing bail and remanding Dubois into custody until 6 September.
The third defendant was Matthew Brogan, with an address at Utility Street Hostel and the 28-year-old was charged with riot, aiding and abetting arson of a Vauxhall Astra on 3 August and possessing class A cocaine on 8 August.
He did not apply for bail and was remanded into custody until 15 August for a bail application.
Last to be dealt with was a 16-year-old who cannot be identified because of his age.
He was charged with one count of riot, one of possessing fireworks and two of possessing weapons, namely a traffic cone and masonry, with intent to cause criminal damage.
He was also charged with theft of money from the owner of the Bash cafe whose business premises was trashed and looted during public disorder around the Donegal Road and Sandy Row last weekend.
According to the police case, the 16-year-old was recorded by police evidence gathering teams standing outside the Bash Cafe “cheering” as others smash their way in and loot the cafe.
With the cafe till thrown on to the ground, the schoolboy was also recorded leaning forward appearing to pick something from the till, holding it up to show and then putting it into his pocket.
He was also recorded, claimed the officer, throwing masonry and a traffic cone at police and also helping another male to light a firework which was then aimed at police.
The court heard that during police interviews, the 16-year-old admitted throwing the masonry and the cone and also that he had helped the male with the firework.
Arguing that the accused was just 16 a solictor asked if he could be freed “with the strictest of conditions.”
Judge Hamill said whoever taking the case at its height “this is the most appalling, gratuitous, racially motivated riotous behaviour.”
“A person trying to run a business has his business attacked because of the colour of his skin,” said the judge, “it’s about as bad as it gets.”
Despite legal guidance that youths should be granted bail unless the court has serious concerns, Judge Hamill refused to free the 16-year-old and remanded him into custody to appear in the Youth Court on Monday.