Trial date set for Murphy over false imprisonment charge

 

Paul Murphy and 17 others are facing charges related to an incident in Jobstown in November 2014

A trial date has been set for Anti-Austerity Alliance TD Paul Murphy and 17 other people facing charges of false imprisonment of then tánaiste Joan Burton following a water charges protest in Jobstown two years ago.

Ms Burton and her advisor Karen O'Connell had left a graduation event at An Cosán Education Centre at Jobstown in Tallaght when a demonstration was held, which delayed her for about two hours on 15 November 2014.

She and her team had been attempting to travel by car to St Thomas' Church for the rest of the ceremony when it is alleged violence broke out.

Among the defendants are Dublin Councillor Kieran Mahon, 38, of Bolbrook Grove, Tallaght; Anti-Austerity Alliance Councillor Michael Murphy, 50, of Whitechurch Way, Ballyboden; and Paul Murphy, 33, of Kingswood Heights, Tallaght.

Judge Melanie Greally set three separate trial dates at Dublin Circuit Criminal Court today after she said she had grouped the accused together based on what charges they are facing.

Paul Murphy, Michael Murphy and Kieran Mahon are due to be tried with four others, each of whom are charged with false imprisonment, on 24 April 2017. A pre-trial date has been set for 7 December next.

The second trial of six people accused of false imprisonment is due to take place on 2 October 2017 with a pre-trial date hearing for 8 June 2017.

The final trial of five people accused of violent disorder has been set for 9 April 2018 with a pre-trial date set for 13 December 2017.

Source: RTE News

Who can you trust and the political shenanigans in the Anti Water Charges campaign?

by James Quigley

There's a degree of poetic license taken here but maybe not as much as that taken by political parties, some individuals and trade unions over who is or isn't the stalwart defenders and spokespersons for the nationwide anti water charges campaign.

Peoples' power, the backbone of the campaign, has been usurped and the hard fought anti water movement is now at a crossroads.  One road leading to a political quagmire where power has been wrested from ordinary people by political parties, unions and their devotees.  This road has culminated in the movement followingparticular agendas.

Maybe it is well past the time we take the other road and wrest back our movement.  With a hammer break the politicos' glass bubble and with the sickle cut off the head of these self-obsessed union officials and the political party hydras.  Maybe it is more like a sledgehammer and scythe that is needed for them to get the message.

 

This article has been inspired by a friend of mine who describes himself as 'a bit of a farmer'.  You notice farmers never tell you much about their business.  Maybe they are right, big brother knows far too much already.  Patrick is or has been a Fianna Fail supporter and voter.  By the sounds of him, he is now teetering on the brink of apathy or possible anarchy.

Much like myself when it comes to the political chicanery of our mealy mouthed, bloated, self-important public servants.  When politicians cross that ballot line all promises and truth goes out the window and the party machine takes over. They get accustomed to their well stuffed pockets and bellies feeding on the promises of party politics and self importance hyperbole.

My friend, Patrick, the soon to be repentant Fianna Fáil supporter, is an avid anti water charge campaigner.  He marched the length and breadth of the country along with all the other 'salt of the earth' anti austerity, anti corruption supporters.  By the way he is a strong supporter of the water charge boycott campaign. A sound man and one who can be relied upon to speak his mind and just as important, listen to others.

On Friday morning he phoned me to ask whether I read the Irish Independent article 'Latest bid to scrap water charges fails as FF and FG unite' and what did I think of it?  By his tone I felt he was feeling down, dejected.  Afterwards I thought that many people would be feeling like this.  

I hadn't read the article and believe it or not I didn't even know that there was yet another Dáil motion put forward by Sinn Fein on the abolition of Water Charges.  It was defeated 94 to 47,  see the web page 'Kildare Street:Are Your TDs Working For You'.  What a good name?  
 
Patrick was despondent partly because he is a Fianna Fail voter and they voted against the Sinn Fein motion but also because he feels so strongly about the issue.  This nationwide, grassroots issue has now been usurped by political parties, union officials, whose well oiled and financed party machines who along with their,  'gift of the gab' forked tongued, unscrupulous aficionados have worked their way to positions of power, always, always pushing their own agendas.  It may be pushing it a bit to describe them as Stalinist but dissent and democracy are no-nos.   

Talking with Patrick, I got the feeling he was becoming more cynical and sceptical.  I suppose given the circumstances it is not surprising.  Our anti water charges ship is adrift, rudderless, having been steered into the doldrums of a politically orchestrated 'Domestic Water Commission' where it will remain drifting until next year, 2017 when this so called 'independent commission' will report back and a vote will be taken in the Dáil.

Water Commission timing and the 'River Basin Management Plan'

The timing here is very important not only for the subject of this article but also because this commission, whose final result is a foregone conclusion, is happening simultaneously with another more important and mind-bogglingly ignored River Basin Management Plan.  Sinn Fein, Right2Water Trade Unions and Fianna Fáil have all been notified about this.  You possibly have heard about the Water Framework Directive 2000 and the9.4 Exemption.  You may not be aware of it's importance and how this little 9.4 section is the Government's Water Charges Achilles heel.  To date none of the above parties have replied or even said a dicky-bird about the River Basin Management Plan.  Is that not surprising given that this plan will be the national water policy for the next 5 years, incorporating pricing policy and our water structure.  Now what could be more important than that?  

Buncrana Together in other articles will produce what we have been able to find out so far about the River Basin Management Plan, the Water Framework Directive and the importance of the 9.4 Exemption.

Incidentally do you know that the idea for a 'Water Commission' originated with Eoin O'Broin.  You don't? Well then look up this RTE This Week, Mar 13, 2016 interview. They all need a get-out clause, an official way to get out of their commitments and what better way than, with shrug of the shoulder, blame it on the commission.  Or if that isn't enough, all the good Euro supporters have to do is acquiesce to EU orders.

In the meantime while we drift in the doldrums, Sinn Fein and Fianna Fail are both accusing each other of political opportunism, see Irish Mirror 'Sinn Fein Accused of Pulling a PR Stunt, and the Irish Independent article 'Latest Bid to Scrap Water Charges'.  Eoin O'Broin and Barry Cowen go head to head.  

You know both are right. It's like the kettle calling the pot black, both are using the anti water charge's movement for all it's worth, for political party purposes and their own agendas.  I suppose we are accustomed to Fianna Fail manoeuvers.  They are at it for years.   But the motives and moves of Sinn Féin, the new kids in Dáil Éireann must be scrutinised because they, along with Right2Water trade unions and hand picked community enablers have put themselves at the helm of the anti water charges' movement.  
 

Patrick's question

Patrick question was "do you think we are going to be let down by Fianna Fáil, can we rely on them to fulfill their promises?"

Isn't that a good question?  Can anyone answer that? It is also a question that can be put to any of the establishment's political parties including Sinn Fein who all on paper support the anti water movement.  Is is a fair question and another one that could be asked is; do you follow your party's agenda or the wishes of the people?

Speaking about Sinn Féin and their partners the Right2Water Unions, how can we trust people who act in secrecy, who have usurped power, who never supported the Boycott campaign, who have orchestrated a putsch against the AAA and others, risking and splitting the nationwide campaign, who never organised a true democratic, nationwide, accountable organisation?

There are some of us who don't believe the hype, the photo shoot opportunities and Dáil grandstandings, the propaganda, the promises.  If they are genuine then let them prove it, not by silly Dáil party oriented motions whose result anyone could have foreseen or which only were only going to produce negative consequences for the campaign.  Let them prove it by joining the one thing that empowers the grassroots, the Boycott Campaign, something that we have done, we own and which resulted in the political situation today.  Let them prove it by actively supporting the Jobstown defendants, who are facing the wrath and might of the establishment. Let them prove it by owning their mistakes, listening to the grassroots and at last give people back the power by establishing a democratic and inclusive organisation.

Fianna Fáil on the other hand, as a party remained aloof, never being part of the anti water charge movement.  However, many of their supporters were.  Patrick's question is very relevant to them.  Are we going to be let down?  Given their political commitments and negative recent history, they have got a lot to prove. One way they could do this is by publishing what they are going to do about the 9.4 Exemption, the River Basin Management Plan, answering our questions.  After all it was the Fianna Fáil party who were in power in 2000, the time of the Water Framework Directive and it was they who negotiated the 9.4 exemption.

Jobstown trial: prosecution of schoolboy a ‘recipe for totalitarianism’

Teenager charged with false imprisonment of Joan Burton and Karen O’Connell

Protesters outside the Children’s Court in Dublin’s Smithfield during the trial of a 17-year-old for false imprisonment. Photograph: Gareth Chaney/Collins

The prosecution of a schoolboy accused of the false imprisonment of then Tánaiste Joan Burton is a “recipe for totalitarianism”, his barrister has argued.

On Tuesday, Judge John King adjourned the trial until October 21st to decide if he is going to throw out the case. The 17-year-old’s legal team have contended that it is not in accordance with Irish or European human rights laws and that the State has not made out a case to answer.

The youth denies falsely imprisoning the former Labour Party leader and her advisor Karen O’Connell, who were allegedly trapped in two garda cars for three hours during a demonstration at the Fortunestown Road in Jobstown, Tallaght, on November 15th, 2014. He was aged 15 at the time.

The Dublin west TD had been at a graduation ceremony at An Cosan education centre when a water charges protest took place outside. She told the court earlier that she was frightened and did not think she had the alternative of being able to get out of Garda cars surrounded by people shouting abuse and banging on windows.

The State has closed its case and, on Tuesday, the boy’s legal team asked Judge John King to dismiss the charges. It was day four of the trial at the Dublin Children’s Court.

The boy’s barrister Giollaoisa Ó Lideadha SC told Judge King the case is “unprecedented” and is a “recipe for totalitarianism. If the charge of false imprisonment is not dismissed, that would amount to a failure to vindicate the constitutional rights of the accused, failure to uphold the right to fair trial, failure to uphold the obligation on the authorities not to abuse their powers and not to act arbitrarily or in a manner inconsistent with basic fairness”.

Counsel has also submitted that the prosecution has failed to prove their case beyond the necessary proof of reasonable doubt and they had used a too literal interpretation of the law on false imprisonment in a case where a person was detained for seconds in one instance and minutes in another.

He said his client makes no apology for the demonstration, but certainly did not want any personal trauma to be caused. Applying for a dismissal, he argued that the prosecution has not proved that a criminal case has been caused.

He said the teenager “was never told he was committing an offence or committing a public order offence or an offence of an entirely different magnitude, false imprisonment. My submission is that the decision to charge in relation to this matter in the first place was not in accordance with constitutional rights and the European convention on human rights”.

He said the case touches on the right to protest, freedom of expression and freedom of assembly. He said the teen had nothing to do with any of the unpleasant things that happened such as screaming and throwing objects while the slow march was taking place.

The prosecution case is that the former Tánaiste and her advisor were detained by the actions of the teenage defendant, in conjunction with the actions of others.

Replying to the points raised by the defence, prosecuting counsel Tony McGillicuddy BL said the video evidence showed the teenager had a megaphone and was encouraging people to sit down around the cars. He said there was evidence that the first garda car was blocked. At a Garda 4x4, the boy used the megaphone to encourage others to sit down and he sat down also, he said.

He argued that to call it an innocuous peaceful protest is wrong when you see the evidence from Joan Burton, her advisor, gardai and the footage shown in court.

Judge John King said the case will resume next month. He said he wanted to read the case law furnished by the defence and to review the evidence and the submissions in detail. He told the prosecution and defence teams that he will give a decision when the case resumes on October 21st.

Source: Irish Times, Sept 27, 2016