Student found guilty of false imprisonment of Joan Burton during Jobstown protest

A student has been found guilty of false imprisonment of Joan Burton during the Jobstown protest.

 

The youth (17) denied falsely imprisoning the former Tanaiste and her advisor Karen O'Connell who were allegedly trapped in two garda cars for three hours during the demonstration at the Fortunestown Road in Jobstown in Tallaght, on Nov. 15, 2014.

He was aged 15 at the time of the protest.

His trial at the Dublin Children's Court resumed on Friday morning for Judge John King decide if he was going to throw out the case.

The 17-year-old's legal team contended that it is not accordance with Irish or European human rights laws and that the State has not made out a case to answer.

The Dublin west TD had been at a graduation ceremony at An Cosan education centre when a water 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 teenager had also walked in front of her holding a phone filming her and blocked her while saying “talk to us Joan”, she said.

Last month, the State has closed it's case and on Tuesday, the boy's legal team asked Judge John King to dismiss the charges. The boy's barrister Giollaoisa O Lideadha SC told Judge King that the the case is “unprecedented” and is a “recipe for totalitarianism”.

However, Judge King held that the liberty of the then Tanaiste and her advisor were restricted at numerous stages and the teenager was guilty based on the evidence given to the court.

Source; Irish Independent, Oct 21, 2016


Ruth Coppinger, TD, says "The judge has found the 17 year old guilty of false imprisonment! This is an incredible ruling which is designed to criminalise those who stand up to austerity. "

GSOC report addresses Garda response to water protests

Gardaí acted proportionately in the majority of water protests last year, the Garda Ombudsman has found.

GSOC's Annual Report reveals that it only sent one incident of Garda behaviour at water protests to the DPP - who then decided not to prosecute.

The report says GSOC received 40 complaints about Garda behaviour at water protests or meter installations - but over half were dropped because the complaint was either dropped, or was not made by a direct witness.

Most of the complaints concerned allegations of assault or excessive force. Others concerned allegations of a disciplinary nature, such as neglect of duty or abuse of authority.

GSOC said that it examined footage taken from Garda body cameras, and from videos shared on social media.

"No clear evidence of garda misconduct was shown in the majority of the videos and in some cases they showed that the actions of the gardaí concerned were proportionate," the report states.

"GSOC sent one investigation file, related to a complaint of assault on a female, to the Director of Public Prosecutions. No prosecution was directed.

"A disciplinary investigation concerning the conduct of three gardaí in relation to this case remained open at end 2015.

"Over a third of complainants did not co-operate with the GSOC investigations or withdrew their complaints, making investigation difficult.

"There was insufficient evidence in any of the other investigations to warrant criminal or disciplinary action."

The complaints were among 2,000 in total received last year, with the most common complaints around abuse of authority and neglect of duty.

“We believe that some complaints, in particular those that relate to quality of service from gardaí, are best addressed through a managerial rather than a disciplinary response,” said GSOC Chairperson Justice Mary Ellen Ring

“We have put suggested reforms before the Minister and Department of Justice and Equality.”

“We would also like to see more engagement by gardaí with the informal resolution process, when minor complaints are made.

“These types of complaints, as they are currently handled, are resource intensive for both GSOC and the Garda Síochána - and often they do not provide a satisfactory experience for complainants either. Moving towards a resolution model must be a focus for GSOC.”

Source: breakingnew.ie, July 18, 2016