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 Tuesday February 12, 2002 19:42 by Mags - Dublin Eleven Defence Campaign dublin_eleven at hotmail dot com
 DAY 2 Another case dismissed. Guards seriously fuck up identification of 5 activists. 3 activists convicted. Court Update - Dubin 11 The trial of nine anti racists accused under the Public Order Act in relation to a sit in at Bertie Ahern's office continued today in Dublin. Charges against two activists were dismissed yesterday. Evidence was given by a number of Gardai in relation to events at the office on 28th March 2000. All Garda witnesses admitted that it had been a peaceful political protest. About 30 Gardai had been called to the protest. A serious problem arose when some of the Gardai were asked to point out in the court room those people they had arrested. Three people were wrongly identified. Another Guard said he 'had no idea' which man he had arrested. In relation to another defendant there was no evidence provided at all that he had even been arrested on the day. The defendants' solicitor made the point that the cases again these wrongly identified people should be dismissed. The judge refused to do this. The solicitor also made points about freedom of assembly and political protest as outlined in the Irish Constitution and the Human Right Convention. The judge also refused to accept these points. The judge accepted a submission that the case against one activist should be dismissed because he was not in the room at the time the protestors were told to leave by the Superintendent (therefore he could not be charged with refusing to obey a direction if he did not hear it). The case against this defendant was then dismissed. Which left us down to eight people charged. One defendant was called as a witness and she explained why the protest took place and that it was peaceful, etc. She also disputed that the building was the private residence of Bertie Ahern (it isn't and wasn't in March 2000 either). At the conclusion of the day the judge convicted the three activists who had been positively identified. The defendants' solicitor argued that the judge's ruling relating to the five incorrect identifications should be sent to the High Court for a decision on it's legality. The judge was reluctant to accept this, but said she would allow the solicitor to get more legal advice on this. She set time for another hearing on this submisson as 12noon on Thursday 14th February. The three convicted activists will also be sentenced at this time. If the 5 activists' case goes to the High Court and they win then the charges will be dropped against them. If they lose in the High Court they will be convicted back in the District Court and, in addition, will have to pay High Court costs. We sort of half won, half lost - still all to play for. Only 3 activists convicted so far. |
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Comments (2 of 2)
Jump To Comment: 2 1The judge in our case is Judge Clare Leonard. She seems pretty reasonable for a judge. Listens to what is being said anyway. Has a tendency to believe whatever a Guard says is gospel - but I suppose most of them are like that. Others who have been at cases she has heard report that she is not too bad.
It would be useful to publicise the name of the judge in all cases. I am thinking of building a database of court decisions handed down by these people so that I can do an analysis of sentencing.