Police Service of Northern Ireland (PSNI) Chief Constable Jon Boutcher had written to Sir Chris outlining the situation which existed, 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." Denise Kiley KC, representing Garvaghy Road residents, said they could not be conflated with dissident republicans. It is their case that the secretary of state's decision was lawful.
On Monday, the court heard PSNI intelligence information that dissidents may have mounted gun attacks on the police had officers cleared a path for the parade. She said residents should "not be identified with, or held responsible for, the potential criminal conduct of any bad actors." She also pointed out the intelligence assessment stated it was "highly likely" loyalist paramilitaries would attend the Portadown area in increasing number, with disorder at Drumcree Church a "possibility". The court was also told the PSNI had "nothing to add" to a reference in intelligence to "feelings of [Provisional] IRA" raised during evidence on Monday.
Peter Coll KC, representing the chief constable, said it was "outside the confines" of the case. It did not form any part of the "key document" - the intelligence assessment Boutcher provided to the secretary of state on 9 October. The lawyer suggested the matter could be left for the Policing Board to pursue.
Source: BBC
