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Protests and court orders court reports

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2016-04-28 · Dublin

TD Paul Murphy gets legal aid for false imprisonment trial

Anti-Austerity Alliance TD Paul Murphy was assigned legal aid by Judge Melanie Greally in Dublin Circuit Criminal Court regarding his upcoming trial on two charges of false imprisonment. The defendant, aged 32 and residing in Ballinteer, faces allegations of falsely imprisoning acting Tánaiste Joan Burton and Karen O'Connell during a water charges protest on November 15, 2014. The incident allegedly occurred at Fortunestown Road, Jobstown, when Ms. Burton and her entourage were delayed for approximately two hours while attempting to travel from An Cosan Education Centre to St Thomas' Church. Mr. Murphy's solicitor submitted a statement of means, noting the trial could last four to six weeks. The State solicitor confirmed no garda objection based on the financial documentation, leaving the decision to the court. Judge Greally granted the application based on the average weekly income provided, though specific figures were not disclosed in open court. No trial date has yet been fixed. The matter was adjourned and will return to the court on May 3 for a mention. This procedural step does not constitute a final determination of the charges, which remain allegations pending trial.

2016-03-07 · Dublin

TD Paul Murphy may have trial date set next month

Dublin Circuit Criminal Court adjourned proceedings involving TD Paul Murphy and 18 others, including Keith Preston and Antoinette Kane, who face charges of false imprisonment and violent disorder. The allegations stem from a November 2014 water charges protest in Jobstown, where it is alleged that Tánaiste Joan Burton and Karen O'Connell were falsely imprisoned. Prosecuting counsel Tony McGillicuddy BL indicated the State intends to sever the indictment into up to four separate trials. He requested an adjournment until April 4 to allow time for the State to set out its reasons for severance in writing by March 18. Defence counsel Conor McKenna BL stated that Mr Murphy will contest the case but wishes to review the indictment before a trial date is set. Padraig Dwyer SC, representing Keith Preston, argued for a joint trial and requested the State's terms in writing. The court noted that Antoinette Kane is due a baby imminently and her attendance may be excused if medically unfit. Judge Melanie Greally adjourned the matter, with a trial date likely to be set next month.

2016-01-22 · Dublin

TD Paul Murphy to seek trial date for alleged false imprisonment of Tanaiste

Anti-Austerity Alliance TD Paul Murphy, 32, of Ballinteer, appeared at Dublin Circuit Criminal Court alongside 18 co-accused, including Alliance Councillor Michael Murphy, 50, of Ballyboden, and Dublin Councillor Kieran Mahon, 38, of Tallaght. The group faces allegations of falsely imprisoning Tánaiste Joan Burton and violent disorder during a water charges protest in Jobstown on November 15, 2014. Prosecution counsel Tony McGillicuddy BL requested that all accused be remanded to appear for arraignment on March 7, noting that some defendants seek trial dates while others require further disclosure. Judge Melanie Greally granted senior counsel to all accused except Cllr Mahon, who has not yet been assigned legal aid. The court remanded Mr Murphy and all co-accused on continuing bail to appear on Monday, March 7, for arraignment. The defence indicated they are anxious for further disclosure but intend to seek a trial date at the next occasion. The matter was adjourned.

2015-10-07 · Dublin

TD and protest group agree to end occupation of Dublin showhouse

Hansfield Investments Ltd sought an injunction in the High Court to compel TD Ruth Coppinger and other protesters to vacate a showhouse at Barnwell Lawn, Dublin 15, which they had occupied since the previous weekend. The developer, represented by Eoghan Cole BL, alleged the group was committing a trespass and had no right to occupy the property. Deputy Coppinger, who represented herself, stated the peaceful protest aimed to highlight the homelessness crisis and the lack of affordable housing. She noted that some protesters, including Amy Brennan, a mother of two, were staying in unsuitable emergency accommodation. During the hearing before Mr Justice Paul Gilligan, it was agreed that the protesters would vacate the property by 4pm on Wednesday. The judge welcomed this decision and noted that, as an undertaking had been given, there was no need for the court to make any orders against the Deputy or the protesters. The judge acknowledged the plight of those affected by homelessness but stated the court could only address whether the protesters asserted any right to the property. The matter was adjourned, with the judge noting it could be re-mentioned should any issues arise.

2015-05-11 · Cork

UCC secures injunction preventing picket at main campus on Wednesday

In a High Court ruling on 11 May 2015, Mr Justice Paul Gilligan granted University College Cork (UCC) an injunction that bars SIPTU and the Irish Federation of University Teachers (IFUT) from staging a picket at six of the twelve entrances to UCC's main campus on the following Wednesday. The injunction was issued because UCC argued that the planned picket, linked to a long‑running pay dispute at the Tyndall National Institute, would be an escalation that could cause significant disruption, especially for students sitting exams. SIPTU opposed the injunction and indicated that its client might appeal. IFUT did not participate in the proceedings. The judge noted that communications from the unions suggested the picket was intended to support Tyndall staff and was not meant to interfere with exams, but UCC maintained that the action was not part of the dispute and could disrupt campus activities.

2015-03-09 · Tipperary

Anti-water charge protester spared jail after apologising for breaching court order

Michael Batty, a water‑meter protester, had been committed to prison for contempt of court in November 2014. He apologised for breaching a court order that barred him from coming within 20 metres of installation works and gave a solemn undertaking to obey the order. Judge Paul Gilligan suspended Batty's 28‑day sentence for six months. The High Court had released his clients on a habeas corpus application. Solicitor Cahir O'Higgins, representing the protest group, noted that the release was a technical victory and that the clients respected the process. The protest group, led by Damien O'Neill and supported by Bernie Hughes, said they would continue to oppose water‑meter installation and that the campaign would move forward. No criticism of the High Court judge was made. The order remains in force.

2015-02-19 · Dublin

Five water meter protesters committed to prison for contempt of court

In a High Court ruling on 19 February 2015, Mr Justice Paul Gilligan committed five water‑meter protesters to prison for contempt of court after they breached a 20‑metre exclusion zone around GMC Sierra installation sites. The court found the protesters' actions amounted to harassment and intimidation of GMC Sierra workers, who had been threatened during meter installation. Damien O'Neill (46) of Coolock and Paul Moore (age not stated) were sentenced to 56 days' imprisonment, the second finding of contempt against them. Mother‑of‑three Bernie Hughes (age not stated) of Finglas, father‑of‑two Derek Byrne (36) of Donaghmede, and father‑of‑three Michael Batty (64) of Raheny were sentenced to 28 days' imprisonment, though Batty's committal was stayed until Tuesday due to his health‑related absence from Ireland. The judge awarded GMC Sierra costs for the five respondents. No other protesters were found in contempt, and the court denied relief to two others.

2015-02-19 · Dublin

Five water meter protesters in contempt of court, High Court finds

The High Court found five water‑meter protesters in contempt of court for entering a 20‑metre exclusion zone around water‑installation works, as ordered on 5 November 2014. The five named protesters were Damien O'Neill, Paul Moore, Bernie Hughes, Michael Batty and Derek Byrne. Mr Justice Paul Gilligan said a decision on whether to fine or imprison them would be made at 2 p.m. that afternoon. The court was told that the protesters had been previously ordered not to approach the contractors' vehicles or the entrance and exit of the company's premises. Two other protesters, Mark Egan and Richie Larkin, were not found to have breached the order, and the application for relief against them was refused. All the named protesters were present in court, except Michael Batty, who was excused due to chronic asthma. The company had secured the orders after its workers reported harassment and threats while installing meters in certain areas.

2015-02-16 · Dublin

High court watches video footage from "operatives" who carried out surveillance on water-charge protests

The High Court reserved judgement on a contempt of court case involving seven water‑charge protesters who may face jail or a fine for allegedly breaching a 20‑metre exclusion zone around water‑meter installation sites in Dublin. The court heard affidavits and viewed video footage supplied by GMC Sierra Ltd, the meter‑installation company, which claimed the protesters had entered the exclusion zone and interfered with workers. The seven named protesters were Damien O'Neill, Paul Moore, Bernie Hughes, Mark Egan, Richard Larkin, Michael Batty and Derek Byrne. GMC's lawyers presented surveillance footage from operatives and from a Facebook page, showing the protesters allegedly removing safety barriers and confronting workers. The court also heard an affidavit from Eoin Corrigan of First Pulse Ltd, who described threatening behaviour but admitted no video evidence existed. The case was scheduled for a decision by Judge Paul Gilligan on Thursday morning.

2015-01-22 · Dublin

Injunction secured against proposed protest at Irish Country and Western Music Awards

In a High Court hearing on 22 January 2015, Ktech Security obtained an injunction preventing anti‑eviction activists from approaching within 2 km of Dublin's Citywest Hotel during the Irish Country and Western Music Awards. The activists, including Jerry Beades and Tom Darcy, opposed the order, denying wrongdoing and claiming a constitutional right to protest. Ktech argued that the activists' campaign of threats and intimidation, particularly on social media, harmed its business and reputation. The judge, Justice Paul Gilligan, granted the injunctions, noting that the activists' right to assembly was overridden by Ktech's right to earn a living and its employees' right to work. Additional injunctions were issued to prevent protests at Ktech's offices and employees' homes, and the case was fast‑tracked for a full hearing. Ktech denied allegations of violent or unprofessional conduct.

2015-01-15 · Dublin

Anti-water charge protester to have legal fees covered by State in contempt proceedings

The High Court has declined to deliver judgment in a test case brought by anti-water charge protester Anthony Eccles, as the matter is now moot. Mr Justice Paul McDermott ruled that the Legal Aid Board's recent determination, which granted Mr Eccles state-funded legal costs for his contempt proceedings, rendered the case pointless. Mr Eccles had argued that the State's failure to provide legal aid to individuals facing potential committal in non-criminal proceedings was unconstitutional and incompatible with the European Convention on Human Rights. The State opposed the action, arguing it was premature, but conceded it was no longer necessary following the Board's decision. The underlying contempt allegations, which accuse Mr Eccles and others of breaching court orders obtained by GMC Sierra Ltd to prevent interference with water meter installations, are denied by the protesters. These separate proceedings stand adjourned before Mr Justice Paul Gilligan. Additionally, the court heard that the State intends to make a similar application regarding a parallel case brought by protester John Darcy, who also seeks state coverage for his legal costs. Unlike Mr Eccles, Mr Darcy did not apply to the Legal Aid Board. Judgment in Mr Darcy's action was reserved, and his case is scheduled to return before the courts later this month. Both men are alleged to have breached injunctions secured by GMC Sierra Ltd, though they maintain their actions were lawful and peaceful protests.

2014-12-13 · Dublin

More proceedings brought against anti-water charge protesters for alleged contempt

In December 2014, GMC Sierra Ltd, a Dublin water‑meter installation company, obtained High Court permission to pursue contempt proceedings against several anti‑water‑charge protesters. The company alleged that these individuals had breached prior court orders, including setting up 20‑metre exclusion zones around its work sites in Dublin 5 and Dublin 13. Mr Justice Paul Gilligan granted the company the authority to serve short service of proceedings and scheduled a return hearing for the following Thursday to address further contempt applications. Earlier that year, GMC Sierra had secured injunctions preventing protesters from assaulting, intimidating or interfering with its workers, and had established exclusion zones after an escalation of unlawful activity. Protesters' lawyers denied wrongdoing, claiming lawful and peaceful protest. A month earlier, the judge had committed three protesters to prison for 28 days each for breaching orders, suspending those terms for six months on the condition of compliance.

2014-12-09 · Dublin

High Court will rule in New Year on anti-water charge protestors legal aid application

In December 2014 the High Court was set to decide in January on legal‑aid applications filed by anti‑water‑charge protesters John Darcy and Anthony Eccles. The men, who are also joined by other protesters, are accused of breaching court orders that prohibit interference with the installation of water meters by GMC Sierra in Dublin. They deny the allegations and argue that the state's refusal to provide legal aid to persons facing potential loss of liberty in non‑criminal proceedings contravenes the Irish Constitution and the European Convention on Human Rights. The court had adjourned the proceedings before Mr Justice Paul Gilligan, and after hearing submissions from both sides, Mr Justice Paul McDermott reserved his decision, to be delivered in January. The state, represented by Oisin Quinn SC, urged dismissal, while the protesters' counsel contended that the state's arguments were superficial and that the contempt proceedings were criminal in nature.

2014-11-26 · Dublin

Three anti-water charge protesters given suspended prison sentences

Three Dublin water‑meter protesters—Paul Moore, Damien O'Neill and Terence Sheridan—were found to have breached a High Court order that barred them from entering a 20‑metre exclusion zone around sites where GMC Sierra Ltd was installing meters. The court committed each man to 28 days' imprisonment for contempt of court, but suspended the sentences for six months on the condition that they comply with the order. The judge also awarded costs to the contractor. The article reports that the protesters had not denied entering the zone and that the court considered affidavits and witness statements but not video evidence. No violence was alleged against workers, and the fourth protester, Derek Byrne, was not sentenced. The case highlights the court's insistence on respecting its orders.

2014-11-24 · Dublin

Gardai in "Catch-22" situation when policing water protests, Chief Supt tells High Court

In a High Court hearing on 24 November 2014, Chief Superintendent Fergus Healy explained that the sites where GMC Sierra Ltd was installing water meters were not considered public areas under the Public Order Act, creating a dilemma for Gardaí in policing protests. Healy said the Gardaí would comply with any court order directing them to bring people who breached the 20‑metre exclusion zone to court. The court had earlier granted GMC Sierra an injunction preventing anyone from assaulting, intimidating or interfering with its workers. The case involved three men alleged to have breached the order, with a fourth man's attachment and committal motion struck out. The judge, Justice Paul Gilligan, adjourned the case and was set to decide on a potential prison sentence on Wednesday. The hearing highlighted the "Catch‑22" situation faced by the Gardaí, who could only act under a court order and were guided by the Water Act and the Public Order Act.

2014-11-19 · Dublin

Motion to fine or commit anti-water charge protesters to jail over alleged breach of exclusion zone

In a High Court hearing on 19 November 2014, GMC Sierra Ltd sought contempt of court proceedings against four anti‑water‑charge protesters who allegedly breached a 20‑metre exclusion zone around sites where the company was installing water meters in Dublin. The company had obtained injunctions to protect its workers from harassment and intimidation. GMC Sierra's counsel, Jim O'Callaghan SC, presented an affidavit alleging that, after the court's November 5 order, the company's planned installation of about 500 meters was reduced to 200, and that a worker was struck by a van, another was knee‑knocked, and the 20‑metre zone was breached. The judge, Justice Gilligan, acknowledged evidence of breaches by the four respondents, allowed them to submit affidavits and to apply for leave to cross‑examine GMC Sierra workers, and adjourned the attachment and committal motion to the following Monday.

2014-11-18 · Dublin

Legal aid bid by anti-water charge protestors to be heard next month

In November 2014, anti‑water‑charge protesters John Darcy and Anthony Eccles filed applications with the High Court seeking legal aid for proceedings in which they are accused of breaching court orders that prohibit intimidation or interference with the installation of water meters by GMC Sierra. The men, along with other protesters, deny the allegations and argue that the state's refusal to provide legal aid to those facing potential loss of liberty in non‑criminal proceedings violates the Irish Constitution and the European Convention on Human Rights. The High Court, presided over by President Nicholas Kearns, set a hearing for 9 December and ruled that no stay would be granted to prevent the contempt of court applications from proceeding. The case involves separate judicial reviews and a contempt of court application by GMC Sierra, which seeks to protect its workers from alleged harassment and interference.

2014-11-14 · Dublin

More water protesters allegedly in contempt of court, judge hears

GMC Sierra, a water‑meter installation company, has asked the High Court to bring contempt proceedings against four more individuals who it says have breached court orders that restrict protesters from approaching within 20 metres of its work sites. The company claims that one protester scaled a wall and entered a workstation where a meter was being installed. Justice Paul Gilligan granted GMC permission to serve short service of proceedings and set a hearing for next Wednesday, when the company intends to pursue contempt applications against additional alleged offenders. Some of those accused of contempt have requested that the Wednesday proceedings be stayed until separate High Court hearings determine their entitlement to legal aid. GMC previously obtained injunctions to prevent assault, intimidation or interference with its workers, who have reported harassment, obstruction, assault and threats while installing meters in Dublin 5 and Dublin 13. Protesters' lawyers deny wrongdoing and argue their demonstrations are lawful and peaceful.

2014-11-14 · Dublin

Developers bring fresh proceedings against Union

In November 2014, developers JJ Rhatigan and Co filed new High Court proceedings against the trade union Unite, alleging misconduct by picketers at a West Dublin apartment complex site. Rhatigan's lawyers claimed that around ten picketers, wearing Union‑branded bibs and flags, blocked vehicle access and that a senior employee was pursued by a van driven at speed. They also alleged that a protester called three female workers "Polish whores." The court granted Rhatigan temporary injunctions, allowing the Union time to respond, and made the case returnable to Monday. The action follows a long‑standing dispute over subcontractor use, with Unite arguing that such practices disadvantage workers. Rhatigan denied wrongdoing, and earlier injunctions had limited picketing at other Rhatigan sites, citing intimidation and vehicle blockages. Unite maintains its protests are lawful.

2014-11-13 · Dublin

Water meter company intends to bring contempt action against protestors, High Court hears

In a High Court hearing on 13 November 2014, lawyers for GMC Sierra, a water‑meter installation company, argued that several protestors had breached court orders that protected the company's workers from intimidation and harassment. GMC Sierra had previously obtained injunctions preventing anyone from assaulting, intimidating or interfering with its workers in Dublin 5 and Dublin 13, and had secured an additional order creating 20‑metre exclusion zones around its work sites. The company seeks contempt proceedings to have the alleged offenders attached and committed to prison or fined. Protestors' lawyers, however, request that the contempt application be stayed pending a separate High Court case on whether those facing contempt proceedings are entitled to legal aid. The judicial review of that legal‑aid claim has been granted and will be heard by the High Court President, while the contempt application is scheduled for next week. The court noted the two matters are distinct and should be considered separately.

2014-10-09 · Dublin

Trade Union gives undertakings to court over Lucan school picket

In October 2014 the High Court heard a case involving the trade union Unite and several of its members who had mounted a picket at a construction site in Lucan where JJ Rhatigan was building a new school. Rhatigan sought injunctions against Unite, two of its officials and other members, alleging that the picket had caused vehicles to be blocked, a lorry to be damaged, a senior employee to be assaulted and a bus driver to be racially abused. Two Unite members had also scaled a 200‑ft crane on the site, leading to its closure by Gardaí. Mr Justice Paul Gilligan accepted undertakings from the defendants not to trespass, intimidate, assault or damage property at Rhatigan sites, and to limit the number of picketers at each site. He also granted an injunction restraining anyone with knowledge of the orders from interfering with access to the sites.

2014-10-08 · Dublin

Picket at Lucan school site should be restrained due to "appalling" activities, court told

In a High Court hearing on 8 October 2014, lawyers for builders JJ Rhatigan & Co argued that protests at a new school site in Lucan had been "appalling" and should be restrained. They claimed that Unite members had blocked vehicles, damaged a lorry, assaulted a senior employee, racially abused a bus driver, and had two protesters climb a crane at the site. The site was closed, and the builders sought injunctions against Unite, Patrick Molloy, Stephen Gleeson, and others to prevent interference with access and to vacate the crane. The court granted Rhatigan's permission to serve short service proceedings. Unite's counsel said any order prohibiting picketing would be "too far" and offered an undertaking not to intimidate or block entrances. The judge expressed concern about Unite's control over its members and noted the two men on the crane were not helping anyone. The hearing was set to resume the following day.

2014-10-07 · Dublin

Builders seek injunctions over Lucan school construction site

Builders JJ Rhatigan & Co have taken High Court action against the trade union Unite over a dispute at a new school site in Lucan. The builders seek injunctions to stop Unite members from blocking vehicles and interfering with access to the site, citing incidents where protesters allegedly damaged a crane and caused the Gardai to shut the site for health and safety reasons. JJ Rhatigan denies Unite's claim that subcontracted workers were paid less than €5 per hour and says the subcontractor was paid €25,000. The court granted the builders permission to serve short service proceedings on Unite, its members and the subcontractor Gleeson & Molloy Bricklaying Services. The injunctions also cover other Rhatigan sites, including Griffeen Valley, St Patrick's College Drumcondra, the Radisson Blu Hotel and Golden Lane. The case is set to return to the court on Wednesday.

2014-05-23 · Wicklow

Meat factory secures injunction against picketing workers

Duffy Meats Trading, a Wicklow‑based meat producer employing about 750 staff, secured a High Court injunction to stop the Technical Engineering and Electrical Union (TEEU) from blocking trucks at its Shillelagh plant. The company said the picket had prevented or delayed deliveries and threatened to halt operations. The injunction, granted ex‑parte, prohibits the TEEU and anyone with notice from interfering with access or egress, though it does not bar picketing itself. The court heard that the union was willing to give an undertaking to comply. The matter was adjourned with the injunction remaining in force. The dispute stems from changes to workers' terms and conditions, and the picket involved 10–15 union members forming a tight line that slowed trucks, raising health and safety concerns and requiring Garda escort. The injunction was obtained on 23 May 2014.

2014-04-29 · Kildare

Ben Gilroy gets four-week sentence for contempt

Political activist Ben Gilroy was sentenced to a four-week suspended prison term after being found in contempt of court orders regarding the receivership of a Co Kildare stud farm. The proceedings were brought by joint receivers Mark Reynolds and Glenn Crann, who alleged Gilroy was centrally involved in events on August 28 and 31 last year when protesters forced security staff off the property. Gilroy, representing himself, denied the allegations, arguing he was merely an observer invited by Charles Allen and that the court orders were invalid. Mr Justice Seán Ryan rejected these arguments, ruling that Gilroy committed a flagrant and serious breach of injunctions against trespassing. The judge found Gilroy instrumental in creating a tense and dangerous situation, though he acknowledged other parties, including landowner Eugene McDermott and Mr Allen, had also played leading roles. Considering the land had been sold and the actions of Gardaí and security personnel, the judge determined a suspended sentence was appropriate, noting that actual imprisonment was not required. Gilroy was also ordered to pay the receivers' legal costs. He stated he would appeal the verdict to the Supreme Court. The judge dismissed Gilroy's request to recuse himself, noting his separate impeachment motions were unrelated to the court's proceedings.