Around 1,000 people attend solidarity rally over Jobstown water protest charges

September 20, 2015

Up to 1,000 people gathered earlier outside the Central Bank in Dublin in support of those charged in connection with a water charge protest in Jobstown.

The protesters marched from the Central Bank around College Green and up to the Courts of Criminal Justice

Tánaiste Joan Burton and her Special Advisor were unable to leave their car after attending a function last November.

The protesters marched from the Central Bank around College Green and up the South Quays to the Courts of Criminal Justice on Parkgate Street.

Meanwhile, United Left Alliance TD, Joan Collins, has been summonsed to appear in court in connection with alleged public order offences.

13 other people have been arrested in connection with the protest against the installation of water meters in South Dublin on 20 April 2015.

The Dublin South Central politician was taken to Terenure Garda Station and later released without charge. A file was sent to the Director of Public Prosecutions.

In a statement, the United Left Alliance TD said that she and 12 others had been summonsed to appear in court in connection with the protest.

Ms Collins' summons alleges she was acting in a manner contrary to the Criminal Justice Public Order Act.

It also alleges she was loitering in a public place which gave rise to a reasonable apprehension for the safety of persons and property and failed to comply with the direction of a member of the gardaí.

Ms Collins is due before the Courts of Criminal Justice on 2 November, the same day and the same court as 27 other people - including Socialist Party TD Paul Murphy and two South Dublin County councillors, Kieran Mahon and Mick Murphy.

They face charges of falsely imprisoning the Tánaiste and her special advisor in Jobstown, Tallaght at a different protest last November.

Article RTE News Sept 19, 2015

TD Joan Collins facing charges over water meters protest

September 20, 2015

United Left Alliance TD set to appear in court on the same day as Socialist TD Paul Murphy

Joan Collins TD has been summoned to appear in court in connection with alleged public order offences.

The United Left Alliance TD was one of 13 people that was arrested in connection with a protest in April.

The protest was against the installation of water meters in the South Dublin area.

In a statement, Deputy Collins said she is due before the Courts of Criminal Justice on November 2, RTE reports.

The summons alleges Deputy Collins was acting in a manner contrary to the Criminal Justice Public Order Act.

Deputy Collins reports that she and 12 other people have been summoned to appear in court in connection with the April protest.

This is the same day, and the same court, when 27 other people including Paul Murphy TD and two councillors will appear before the court in connection with separate charges.

Paul Murphy launched 'The Accused' in Jobstown last week - and said the issue of people's right to protest is now more important than water charges.

A protest is set to be held in Dublin today against the issuing of court proceedings.

Article Independent.ie Sept 19, 205

Analysis: Paul Murphy case will test limits of right to protest

September 16, 2015

TD summonsed to court to face charges of falsely imprisoning Tánaiste Joan Burton

Anti-Austerity Alliance TD Paul Murphy. Photograph: Dave Meehan

The serving of a summons on Paul Murphy TD ordering him to a court hearing to face charges of falsely imprisoning Tánaiste Joan Burton has formally begun what should prove to be an interesting legal battle. Video evidence will be central to Murphy’s case.

Acts of alleged vandalism, public disorder or even assault against others facing the least serious charges will be decided by video footage in conjunction with evidence that seeks to identify the key people in the footage.

However, legal sources said evidence of that kind, even if it appeared damning, would not be enough to convict Murphy and the 13 other people also charged with falsely imprisoning Burton and her assistant Karen O’Connell at Fortunestown Road, Jobstown, west Dublin, on November 15th last.

Burton and O’Connell were trapped in their car for a number of hours when protesters surrounded the vehicle and staged a sit-down protest as the Tánaiste tried to leave a graduation ceremony at An Cosán College.

Proving those charged with false imprisonment were present, and took an active or leading role in the incident, would not be sufficient to deliver a guilty verdict – a verdict, it is worth noting, that could lead to a custodial sentence of up to life imprisonment. The State must also convince a jury the action was an act of false imprisonment rather than a robust – even ugly and obnoxious – protest against the introduction of water charges.

Unknown territory

In that regard the State is entering unknown territory.

It is open to the Circuit Criminal Court trial judges to outline what constitutes false imprisonment to the jury. But it is for the jury to decide whether those constituents were present on the day.

And, with any given jury inevitably comprising individuals opposed to water charges, that may prove challenging.

Legal sources said protesters were normally charged with public disorder and charges of false imprisonment were unusual. They said the right to protest is a constitutional one and the jury will be asked to decide whether the events went further than protest.

“The threshold is not as high as most people think,” said one experienced barrister of the charge of false imprisonment.

“Mention the term and some people would think of kidnapping or holding people against their will in a violent way. But, technically speaking, any act that impedes a person is an action of false imprisonment. It could be as simple as putting your hand to a person’s chest or deliberately blocking their passage through a doorway by standing in the doorway and refusing to move.”

Another source said what might prove crucial is whether the nature or tone of the protesters’ actions changed in the course of the incident.

“If a protest changes, more malice or intensity is present; all of these things will be factored in. But even if some of these people admitted they were there and in court outlined in great detail their actions on the day, it’s the jury that’ll decide whether they were protesting and ventured beyond that into the sinister and the criminal.”

Irish Times, Wed, Sept 16, 2015