Senior garda faces probe over water protest 'leaks'

A senior garda is facing investigation over the leaking of information to RTÉ following an incident in which Joan Burton was blockaded by water protesters.

Labour’s Joan Burton was left stranded in her car by protest. Photo: Frank McGrath

An internal Garda investigation was launched after RTÉ broadcast details of charges against 20 people arising from the incident outside a community centre in Tallaght in November 2014.

During the protest the then Labour leader had to sit in her official car for two hours as it was surrounded by protesters.

The news report by RTÉ crime correspondent Paul Reynolds led to a complaint by Socialist TD Paul Murphy to the gardaí, the Garda Ombudsman and the Director of Public Prosecutions (DPP).

In a news report on August 12 last year, Mr Reynolds gave details of expected arrests and court appearances.

The report contained information about the total number of arrests due, the number and type of files sent by the Garda to the DPP, and that the accused were due to appear in court in the coming days. The report also contained information that the DPP had recommended charges in files returned to the garda investigators. The cases are before the courts.

Mr Murphy later said the information could only have come from the DPP or gardaí and he had "written to the appropriate authorities in both seeking to establish what investigations will be carried out to determine the source of the leak".

Two senior officers from outside Dublin were given the task of heading the investigation of Deputy Murphy's complaint.

The investigation into the RTÉ report involved the checking of mobile phone records from, and to, the journalist.

The garda press office said: "An investigation into how this information appeared in the media was launched on the Thursday 13th August, 2015. This investigation is ongoing." RTÉ said it did not wish to comment on an "ongoing garda investigation'"

It is one of a series being carried out by gardaí into alleged leaks. In May last year Superintendent Dave Taylor, the former head of the Garda Press Office under the previous Commissioner Martin Callinan, was arrested and suspended from duty on severely reduced salary.

A file was prepared for the DPP arising out of the investigation into Supt Taylor which was headed by Superintendent Jim McGowan, Commissioner Nóirín O'Sullivan's husband. Ms O'Sullivan has stated she saw no conflict of interest in this.

It is understood that the file prepared by Supt McGowan's team and sent to the DPP alleging "unlawful" disclosure of information to journalists has been returned to the Garda after the DPP decided there was no evidence on which to base any charge.

The piece of legislation under which Supt Taylor was arrested and detained for several hours n is Section 62 of the 2005 Garda Síochána Act. The legislation provides for up to seven years imprisonment and or a €75,000 fine for 'unlawful disclosure' of information.

It had only been used in one previous case against a garda who exposed an attempt by former Green Party TD Trevor Sargent over his intervention in a prosecution in his north Dublin constituency. Mr Sargent subsequently resigned in February 2010. A garda was arrested, questioned and a file sent to the DPP who directed no charges be brought.

Original article; Jim Cusack, Irish Independent, June 15, 2016

Jobstown accused to be tried in separate groups

A judge has ruled that Anti-Austerity Alliance TD Paul Murphy and 18 other people should have separate trials on charges of false imprisonment of former tánaiste Joan Burton and other offences following a water charges protest in Jobstown in Tallaght in Dublin two years ago.

AAA-PBP TD Paul Murphy is among those facing charges

Mr Murphy, 32, with an address of The Copse, Woodpark, Ballinteer, appeared at Dublin Circuit Criminal Court along with 18 others, some facing charges of false imprisonment and violent disorder.

Among the group of accused are 38-year-old Dublin Councillor Kieran Mahon, of Bolbrook Grove, Tallaght, and Anti-Austerity Alliance Councillor Michael Murphy, 50, of Whitechurch Way, Ballyboden.

Judge Melanie Greally said that to try all the accused together would place unrealistic demands on jurors, who may be robust but were "not superhuman".

She made her ruling following legal argument from both the State and the defence earlier this month.

Tony McGillicuddy BL, prosecuting, told the court at that hearing that there were 45 counts on the indictment including false imprisonment, violent disorder and criminal damage.

He said it was the prosecution's position that there was "a case to have the case tried in manageable blocks" of four separate trials.

The defence argued that Judge Greally did not have jurisdiction to deal with an application for severance in the first instance as it should be dealt with the judge who will ultimately be hearing the trial.

Colman Fitzgerald SC, defending Antoinette Kane, 23, of Cloonmore Park, Jobstown, Tallaght, submitted that there was no logic to the State's application.

He said they were in charge of drafting the indictment, the document outlining the offences each accused is charged with, and it was the Director of Public Prosecutions' decision to put all 19 defendants on it in the first instance.

Judge Greally today said she had interpreted the relevant legislation and concluded that she did have jurisdiction to sever the indictment.

However, she said, as she has since been nominated the trial judge this argument was no longer relevant.

She had considered the law in relation to the court's power to change an indictment.

She said she was satisfied that, on her interpretation of the legislation, the court did have the authority to alter it.

"In my view the interest of justice would not be best served by trying them all together. It would place wholly unrealistic demands on both the judge and jury," Judge Greally said,

She accepted previous argument from the defence that juries have proven to be robust but she added they are "not superhuman".

Judge Greally said also in practical terms the Criminal Courts of Justice complex would not be able to accommodate a trial of 19 accused people, a potentially three-person defence team for each and the State's barristers and solicitors.

She ruled that the accused should be separated into more manageable groups but said those groups should "not be considered in a vacuum" rather instead divided in such a way that was relevant to the proposed evidence in relation to each accused.

Sean Gillane SC, prosecuting, said the defence teams have already received letters from the DPP outlining the proposed groupings and suggested that if they see a potential prejudice with what is proposed, a date should be set for legal argument to deal with it.

Judge Greally adjourned the case to 22 July to allow for any argument and to set trial dates. She remanded each accused on bail until that date.

Ms Burton and her entourage had left a graduation event at An Cosán Education Centre at Jobstown, 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.

The three public representatives are charged with false imprisonment of Ms Burton and of Karen O'Connell at Fortunestown Road, Jobstown.

Thirteen others are charged with false imprisonment while nine people are charged with violent disorder.

Original article: RTE News May 11, 2016

Paul Murphy comments after the court case in the  Special Criminal Court Dublin, May 11, 2016

Jobstown protesters before their court casein the Special Criminal Court, Dublin, May 11, 2016 

‪#‎JobstownNotGuilty‬ was up in court again today. The judge made a ruling today in various aspects of our case. Without going into all the legal details, the essential things are this:

1. The case will be 'severed' - i.e. the group of 19 is going to be broken up into smaller groups for separate trials.
2. The judge who has been dealing with us so far will be the trial judge.
3. We are back up on Wednesday 22 June, where there may be an argument about what groups we are broken into.

Many thanks to all those who turned up to support us - it means a lot! See you on 22 June.

32 charged over Dublin protests

18 people are to face trial by jury in connection to a protest in Jobstown, Tallaght in November 2014

18 people are to face trial by jury in connection to a protest in Jobstown, Tallaght in November 2014

Eighteen people including Anti-Austerity Alliance TD, Paul Murphy, face trial by jury at the Dublin Circuit Criminal Court in relation to a protest a year ago involving Tánaiste, Joan Burton and her special advisor.

Sixteen of those brought before Dublin District Court today, including Mr Murphy, were charged with falsely imprisoning Ms Burton and Karen O'Connell at Fortunestown Road on 15 November 2014.  Two others were charged with violent disorder.

Solicitor Cahir O'Higgins, who represented a number of the accused claimed the height of the State's case was accusing people of the unlawful imprisonment of a vehicle, not a person.

All eighteen are due back in court again on 14 December when they are expected to be served with the book of evidence.

In a separate case, eleven people, including United Left Alliance TD, Joan Collins, were before the court charged with public order offences in relation to a protest against water charges and water meter installation in Harold's Cross in Dublin on 20 April this year.

They will be before the court again on 30 November. Mr O'Higgins who was also representing some of the accused in that case, told the court his clients had been involved in a peaceful and ordinary protest, like dozens of other protests. 

He said it was their case that this protest had been "unusually policed".  He said he is looking for any correspondence between Irish Water or GMC/Sierra and  An Garda Síochána.  The prosecution denies any such correspondence exists.

Mr O'Higgins said this was an unusual case and it was surprising all protest cases had been thrown in together.

He said it threw up issues about the right to protest and where the boundaries of the right to protest lay.   Because of the public interest, the length of the case and the complexity of the case, he asked the judge to allow legal aid to his clients for a solicitor and a barrister. 

The request was granted by Judge Michael Walsh.

In a further case, three people were charged with using threatening, insulting or abusive language in relation to an incident in January this year involving President Michael D Higgins.

He said the case raised important issues in relation to the right to freedom of expression. He also said there would be an issue as to whether or not President Higgins could be summonsed to court to give evidence in the case.

One of the three did not appear in court. That case has also been adjourned to 30 November.

Derek Byrne was also charged this morning with using threatening insulting or abusive language at a protest outside the Dáil on Kildare Street in Dublin in July this year. That matter was adjourned to January next year.

In all 32 people were called before the court in relation to the protests, five women and 27 men.

There were large protests outside the court before and after the case. 

Several hundred supporters of the accused men and women gathered outside the Criminal Courts of Justice from 1pm onwards.

After the court case finished, Paul Murphy, Joan Collins and others addressed the crowd who were shouting slogans including "support the right to demonstrate", and "no way, we won't pay."

A number of vans, said by protesters to be carrying equipment for water meter installation were blocked on Parkgate street for a time.