Drumcree dispute back in courts in fresh bid to stop Orange Order parade

The Drumcree parade dispute returns to the courts on Monday as residents launch a new appeal in a bid to ban an Orange Order march. The application to the Court of Appeal in Belfast argues that the Parades Commission, which gave the green light to the march, had "materially misdirected itself" on the police assessment of the potential for disorder around the event and that the body had not given an "accurate representation of the evidence" received from the PSNI in its decision. Members of the unionist Portadown District of the Orange Order remain at Drumcree Church, demanding to be allowed to begin their permitted parade – which would pass along the mainly nationalist Garvaghy Road .

However, protesters have maintained a presence at the side of the road, insisting that what they see as a "triumphalist" parade should not be allowed to proceed – citing the violent history associated with the march in the 1990s. It is the latest challenge to the march, which was given the go ahead for the first time in almost 30 years after three separate legal hearings over the course of 13 hours late on September 26 and into the early hours of September 27 – the morning the parade was due to begin. The hearing of the residents' new challenge was originally listed for Friday but was postponed until Monday to allow for crunch talks with the Secretary of State Sir Chris Bryant, who had hoped to find a solution to the prolonged stalemate.

The negotiations ended without agreement on Thursday, with sides having discussed options including mediation, the possibility where the right to march was respected but not exercised, and a "one-and-done" final march with no further applications the future. Residents in the largely nationalist area around Garvaghy Road have been staging a protest against the march of the 35 Orangemen, resulting in the PSNI refusing to give the parade the go-ahead to proceed. A large-scale protest started on the Sunday the march was due to begin.

Under parading laws in Northern Ireland, protests must be notified to, and approved by, the Parades Commission adjudication body. Police have confirmed the protest was unnotified to the commission and therefore unlawful. Unionists have criticised several high-profile politicians, including First Minister and Sinn Fein deputy leader Michelle O'Neill , for participating the unnotified protest.

Ms O'Neill is expected to face an urgent question on her participation in the protest during plenary business at Stormont on Monday. Sinn Féin leader Mary Lou McDonald has said she and her party will "of course" co-operate with the PSNI over any potential investigation into the Garvaghy Road protest. Monday marks the ninth day of the sustained stand-of which has seen the Orangemen try numerous times to begin the march but the road remains blocked by residents.

The Orange Order and some unionist politicians have criticised the police and Chief Constable Jon Boutcher's handling of the dispute. After being denied permission to march by the PSNI at lunchtime on Sunday, Portadown District master Nigel Dawson told the Orangemen they had the support of the community, and added: "We continue to abide by the law and continue to show that every single minute and every single hour of the day since we won the court case. "And of course we still await – and it is important we say this, that we have a police service in Northern Ireland that are at this moment in time unable or unwilling to police a court judgment."

The weekend saw shows of support on both sides of the dispute – with a gathering in the loyalist Edgarstown Estate as well as a large-scale political rally on the Garvaghy Road on Saturday. Irish rap trio Kneecap were also swarmed with fans when they visited the Garvaghy Road on Sunday. Sir Chris, who had appealed for calm in the run-up to the weekend, said he was "pleased" that events in Portadown passed "without major incident".

He said: "I continue to speak with people of goodwill on all sides and believe a mutually agreeable solution is still possible if people can show leadership based on openness, compromise and magnanimity." At the rally on Garvaghy Road on Saturday, Ms O'Neill said the right outcome "includes no march down this road" as Sinn Féin called on Sir Chris to use his powers to prohibit the march. Deputy First Minister and DUP MLA Emma Little-Pengelly described that event as "electioneering" as she criticised Ms O'Neill and Sinn Féin for a "complete abdication of leadership".

After the rally in support of the residents on Saturday, PSNI Assistant Chief Constable Anthony McNally said anyone blocking the Garvaghy Road will still be treated as "participating in an unnotified and therefore illegal protest". The senior officer said evidence gathering remains ongoing and anyone found to have broken the law "will face criminal justice consequences". Attention now turns to Monday morning's new legal challenge at the Court of Appeal in Belfast, where Mr Dawson said Orangemen "remain confident" in their legal team.

Jamie Bryson, loyalist activist and legal adviser to the Portadown District, previously said the Orangemen will accept the determination of the courts on Monday, challenging Garvaghy Road residents to do the same. In a speech over the weekend, Breandán Mac Cionnaith, of the Garvaghy Road Residents' Coalition, said: "Only one decision will be acceptable: There should be no Orange march – none at all." For all the latest news, visit the Belfast Live homepage here and sign up to our daily newsletter here.