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.

John Halligan tells 'arrogant' ministers ‘shut up’ over refusal to pay water bills

A defiant John Halligan has told “arrogant” Fine Gael ministers to “shut their mouths” and leave him and his fellow independent minister Finian McGrath alone over their refusal to pay water charges.

Mr Halligan, TD for Waterford, is expected to be named a junior minister in the Government by Taoiseach Enda Kenny next week, but was bullish in his defiance of Fine Gael calls for himself and Mr McGrath to pay their water bills.

Mr Kenny and several Fine Gael ministers called on Mr McGrath to pay his water bills. Speaking to the Irish Examiner, Mr Halligan singled out comments by new chief whip Regina Doherty over the weekend as most unhelpful.

Mrs Doherty advised TDs who haven’t paid their water bills to do so as they won’t “magically disappear”.

“I don’t know what they are at. They should have shut their mouths on it and consulted with us first. It is only creating tension and showing a type of arrogance again,” he said. He argued Fine Gael knew his position and of Mr McGrath in relation to water charges during the negotiations.

Mr Halligan said he hasn’t paid any water charges as he hasn’t been billed, but that he is opposed to the principle of paying water charges.

“It is interesting in that I haven’t even been billed. I wouldn’t pay it anyway being honest.

“I think there is two issues. When they were negotiating this Programme for Government with us and ministerial positions, they knew our positions on this, well. It is also a newly structured Dáil with the whip being removed on votes of conscious and so on. We are only obliged to support the Government on votes of confidence and the budget,” he added. “When they were offering Finian McGrath a ministry, they knew he hadn’t paid his water charges, he had been saying it in the Dáil,” the Waterford TD said.

Mr Halligan said for him the decision to back Enda Kenny was difficult enough without this sort of conflict, as he has some people already calling him a “traitor” for entering Government, even though he won concessions on Waterford Hospital.

Last night, Mr Kenny joined the chorus of Fine Gael ministers who called on Mr McGrath to pay his water charges.

“Yes, he should pay his water charges, of course,” the Taoiseach said at an event in Dublin city centre.

Earlier, ministers Simon Harris and Paschal Donohoe led the charge by saying they expected a fellow minister to comply with the law of the land and pay his charges.

Mr McGrath released a statement through the Department of Health, in which he said he would seek advice as to his non-payment of water charges.

“Minister McGrath is getting advice from the Attorney General and will be consulting with his Independent Alliance colleagues,” the statement said.

Original article: Daniel McConnell and Juno McEnroe, Irish Examiner, May 12, 2106

A 16-year-old boy has been jailed for six months for his part in the Jobstown protest

A 16-YEAR-OLD BOY has been given a six-month sentence and become the first person to be jailed for taking part in violence at the Jobstown protest.


Outgoing tánaiste Joan Burton and her entourage were allegedly trapped in a car following a graduation just after midday on 15 November 2014 at An Cosan education facility in Jobstown in Tallaght.

An anti-Irish Water demonstration was held which delayed her for about two hours.

She and her team had been attempting to travel by car to St Thomas’s Church, a short distance away, for the rest of the ceremony.

Gardaí allege protesters surrounded the car, tried to “get in at” the Labour leader and there were a number of violent incidents during which officers were pushed and missiles thrown.

The boy, now aged 16, but who was 15 at the time of the incident, was in court with his mother and a grandparent.

He had pleaded guilty to criminal damage to the rear window of an unmarked garda car – which he jumped on – and violent disorder charges.

The court heard he has prior convictions for theft and has already served a sentence which expired in January for his other offences.

Finalising his case on Thursday, Judge John O’Connor imposed a six-month sentence on the boy who cannot be named because he is a minor. It makes him the first person to be jailed in connection with the controversial protest which has led to more than 20 people, including TD Paul Murphy, coming before the courts.

Initially the boy, who was not politically motivated when he joined in the violence, expressed regret and in November he had shown a willingness to engage with the Probation Service.

The judge had then told the boy, who has “significant behavioural” problems that if he continued to co-operate with the Probation Service to address his offending, he would be sentenced to a period of probation supervision. Failure to do so would result in a custodial sentence, he had been warned.

However, since then the boy repeatedly refused to work with the Probation Service calling it “a load of bollocks” and he wanted to be sentenced. He also picked up a new charge of unlawfully interfering with a car in a Tallaght on 11 February last.

He pleaded guilty to that as well as a connected breach of the peace and possessing gloves for use in a theft.

Violence against women

Judge John O’Connor had told the teen earlier that the purpose of violence towards women is to humiliate them and erode their dignity and violence directed at women in politics “is to limit their effectiveness in the political process, to alienate them and to state they are not welcome in politics”.

“It should also be pointed out that this particular attack on the elected Tánaiste of Ireland is an attack on the Irish State,” he had said, adding that it was also an attack on gardaí who were protecting Joan Burton.

Defence solicitor Michelle Finan had said psychological and welfare assessments described him as “most vulnerable”. He required “therapeutic support but refused to engage” and had been hospitalised 14 times in the last two years with serious injuries.

The solicitor had said the boy “got caught up in the excitement of what was going and lost the run of himself”.

A welfare report stated he had “significant emotional and behavioural difficulties” prompting mental health concerns. Judge O’Connor had said the teen’s other issues included: negative peers, anti-social incidents, involvement with pro-criminal gangs and drug issues.

Other cases

Paul Murphy TD and 18 other people from Dublin are awaiting Circuit Court trial. They face a variety of charges which include false imprisonment, violent disorder and criminal damage to garda cars.

Five other juvenile males have been before the Children’s Court in connection with the protest.

One youth, aged 15, who pleaded guilty to violent disorder was placed on probation for 12 months in February. Meanwhile another boy (16), who admitted the same charge, was also sentenced to probation recently.

None of the three teens who have pleaded guilty was politically motivated but got caught up in the incident, the court has heard.

A 17-year-old Leaving Cert student will be tried later this year at the juvenile court; he is accused of false imprisonment of Joan Burton and one of her advisors. He has pleaded not guilty.

Another boy, now 15 but who was then aged 13, has indicated that he is pleading not guilty to a violent disorder charge and his trial date will confirmed in the coming weeks.

Last week an 18-year-old youth was cleared of committing violent disorder.

Original Article: www.thejournal.ie/ May 5, 2016