Jobstown protest teen appeals guilty verdict

 

Joan Burton picture: Tom Burke

 A Dublin youth found guilty of the false imprisonment of Joan Burton during the Jobstown protest has commenced proceedings to have the verdict overturned.

The 17-year-old boy denied falsely imprisoning the former Tánaiste and her advisor Karen O'Connell in two garda cars for three hours during the demonstration at the Fortunestown Road in Jobstown in Tallaght, on November 15, 2014.

He was found guilty last month following his trial at the Dublin Children's Court but was spared a custodial sentence. On October 21, Judge John King imposed a conditional discharge providing the youth does not re-offend in the next nine months.

The boy came back to the Children's Court yesterday. His solicitor David Thompson told Judge Timothy Lucey that he was lodging a "notice of application to state a case" and he handed the necessary paperwork into court.

This means the defence will bring an appeal to the High Court and contend that the teenager was erroneously convicted on a point of law.

The teen's conviction will be stayed pending the outcome of his High Court bid to clear his name.

Source: Irish Independent, Nov 3, 2016 

"Who breaks a butterfly upon a wheel?"

Our apology to Gene Kerrigan for taking this extract from his article 'The tax laws are now a la carte, for some' in last Sunday's Irish Independent.  However, it is a good analogy for what the State is prepare to do, to abuse a 17 year old Irish student in pursuit of underlying agendas.  It has dragged a youth through the judicial system,  a jury less court and convicted him with 'false imprisonment'.  It was the first case in a series of cases against the Jobstown protesters.  

Gene Kerrigan

There's been a bit of a war going on, between the shameless bastards and the rest of us. Not an all-out conflict, just guerrilla actions here and there.

In recent days we've seen groups of organised labour attempting to win back some of that which was taken from them over the past eight years.

Bus drivers, teachers and gardai used limited industrial action to try to retake ground conceded following the bailout of bankers and builders.

Another area of conflict has been the Irish Water scandal. This erupted when Fine Gael, Fianna Fail and Labour sought to produce a revenue stream from the water supply, which could then be privatised.

This sneaky and always-denied strategy was stymied by a grassroots revolt, people from all around the country who knew they were being scalped.

One of the consequences of this conflict popped up in the courts on Thursday, when a juvenile who took part in a protest against Minister Joan Burton was found guilty of "false imprisonment".

I read Independent.ie's report of the judge's summing up of the prosecution evidence. Sorry, M'Lord - I don't see the imprisonment, false or otherwise, but no doubt you are wise and good.

The civil disobedience tactic of the sit-down protest has been well-chronicled, from Gandhi through to Martin Luther King, in civil rights and labour struggles. An Irish court has now reconstituted this act as "false imprisonment". The credentials of the juvenile involved were given to the court and he seems uncommonly public-spirited, usefully engaged with his community. He's had the full weight of State power dumped on him over the past two years.

Some day someone will write an academic study of the precise steps taken by the State to bring all its forces to bear on what seems to have been the mild actions of a 15-year old.

For now, we can only quote the conservative journalist William Rees-Mogg, in turn quoting Alexander Pope. Rees-Mogg used Pope's phrase when commenting on the UK State's overbearing effort to jail Mick Jagger: "Who breaks a butterfly upon a wheel?"

The late Judge Adrian Hardiman, who died suddenly seven months ago, was often critical of journalists, and some of us returned the favour. But from his early days as a lawyer he had a genuine concern about the tension between the power of the State and the rights of the individual. What a pity that, should the "false imprisonment" appeal reach the Supreme Court, we won't hear his views on this most unusual case.

While labour and community groups have had mixed fortunes in the conflict, it's widely understood that the rich are enjoying some sweet victories.

source: Irish Independent, Oct 23, 2016


Jobstown Verdict should sound warning bells

by Cian Prendiville

Today saw a gross miscarriage of justice, and an outrageous attack on the right to protest, when a 17 year old found was found guilty of a trumped up charge of false imprisonment of Joan Burton. All those who oppose the criminalisation of protest should now make a stand

The verdict is the key issue here. It has set a very low threshold by which 'false imprisonment' can be proved. In his summing up the judge suggested that one incident that proved the state's case was when the young man momentarily stood in front of Joan Burton to ask her to answer a question. Another was the fact that he chanted 'No way, we won't pay' and that he encouraged others to sit down. People should see this for what it is – preparing the way for convictions and prison sentences against adult defendants next year and significantly restricting the right of protest.

 The judge also stated that the protest did not attract the protection of the European Convention on Human Rights because it was 'contrary to public order and morality'. This is outrageous – there is nothing immoral about a young person standing up and protesting against austerity.

 This verdict should be sounding warning bells in the minds of activists across the country. Trade unionists engaged in stopping strikebreaking vehicles could now be found guilty of false imprisonment. Similarly, pro-choice or anti-war activists engaging in sit-down protests or slow marches could also be charged and convicted.

An injury to one is an injury to all, it is time to stand together.  There will be nationwide protests in the coming weeksand we urge everyone to show their support