Woman who flashed her nipple at Twelfth parade fined for indecent behaviour

The charges arise after Clodagh Byrne posted a video on social media of herself and a male inside a classroom at Campbell College in east Belfast

An “attention-seeking” woman who flashed her nipple at a Twelfth parade has been fined a total of £300 after a judge convicted her of indecent behaviour.

Although District Judge Anne Marshall refused the prosecution’s argument that Clodagh Byrne’s behaviour at the annual parade and in Campbell College was aggravated by religious hostility, she said she was satisfied that flashing her nipple did amount to indecent behaviour.

Before the contest was run “on the papers” at Belfast Magistrates Court on Wednesday, defence counsel Catriona Keenan confirmed that 32-year-old Byrne, from the Tullycar Road in Aghyaran, Co Tyrone, was entering guilty pleas to the first two charges against her, committed between 11 and 13 July last year.

She told Judge Marshall that while Byrne was admitting the improper use of a telecommunication network to send an indecent message and entering Campbell College as a trespasser, “we do not accept the religious aggravator”.

The charges arise after Byrne posted a video on social media of herself and a male inside a classroom at Campbell College in east Belfast where she declares: “To my people, you’re not getting to come, nah, British d***heads, British f****** w******.”

A prosecuting lawyer submitted the use of that language substantiated the PPS contention the offending was aggravated by “hostility to religion against Protestants.”

Miss Keenan argued, however, that rather than religious hatred, Byrne’s comments were “politically motivated.”

Turning to the charge of indecent behaviour and hindering or preventing a lawful procession, the court heard those charges arose after Byrne was recorded on camera marching along the Lisburn Road alongside the annual Twelfth parade.

Wearing a bowler hat, Orange Order collarette, a Basque, fishnet tights and knee-high boots, Byrne looks at the camera and then pulls her top down to expose her right nipple for a few seconds.

Highlighting that children could be clearly seen in the footage, the prosecution lawyer argued that Byrne’s “quite deliberate” actions amounted to indecent behaviour.

“Indecent behaviour is not meant to be a restrictive charge,” said the lawyer, submitting that while what was considered indecent in times gone by may not be considered indecent now, “baring her breast in a public place, having looked back at the camera and knowing there were children around, is indecent.”

In her submissions, Miss Keenan emphasised that not only was there no complaint or statement to evidence that anyone was caused distress or alarm, but that after the parade, at the invitation of a band, Byrne had gone with them to the Linfield Supporters Club.

It was also clear from the footage, said the barrister, that Byrne had not hindered or obstructed the parade from continuing, “so I would invite the court to dismiss that charge.”

As regards the offence of indecent behaviour, she told Judge Marshall the defendant does not dispute that she flashed her nipple but instead, contends that it was not indecent.

“It is submitted that mere exposure of the female nipple is not indecent,” said Miss Keenan, highlighting that “there is increasing normalisation of female nipples being seen every day on TV and in films.”

The barrister also argued that despite being routinely seen in summer and on hot days, “male nipples and exposure of the male chest are not the subject of criminal charges.”

It was a fact, defence counsel submitted, that many men attending parades urinate in public spaces but are not prosecuted.

Byrne exposing her nipple for around six seconds, Miss Keenan contended, was not done to cause alarm or distress or for any sexual gratification but rather, her actions were protected by her right of freedom of expression under Article Ten of the European Convention on Human Rights.

Taking her judgment in stages, Judge Marshall ruled that with comments referring to “give us our six counties back” as well as the derogatory terms used by Byrne towards the British, “it was an expression of political opinion rather than religious hatred.”

The judge explained it was for that reason that she was dismissing the PPS’s contention that the offences are aggravated by religious hostility.

Concerning the offence of interfering with the Twelfth parade, Judge Marshall told the court “I do not see any evidence from the footage that she has hindered the parade.”

She told the court that in addition to an absence of statements from anyone who said they were hindered or obstructed, the judge commented that at one stage, a police officer told Byrne to get back on the footpath “and she did.”

That charge was also dismissed.

Addressing the outstanding charge of indecent behaviour, Judge Marshall commented that “it’s never a good defence that just because other people are not charged, that you are not charged – men who urinate at parades should indeed be brought before the court.”

“We can all be feminists, but there is a difference between men exposing their breasts in public and women exposing their breasts in public,” said the judge.

Judge Marshall ruled: “I am satisfied that exposing her breast does not fall under Article Ten of her rights and that it is indeed, indecent behaviour.”

The judge said she had considered imposing a Community Service Order but was concerned about Byrne’s suitability “as this was attention-seeking behaviour” and she was reticent to subject either supervising officers or participants to similar behaviour.

Having briefly spoken to Byrne, Miss Keenan said the 32-year-old “has indicated that she’s willing to do community service.”

“How do I know that she’s going to act appropriately?” Judge Marshall asked, and the defence tried to assure her that Byrne says that she will.

Instead of a CSO, Byrne was fined £100 on each count, making a total of £300. Along with a £15 offender levy, the judge allowed Byrne five months to pay.

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