(Pictured: Accused Mr Frank Donaghy. Credit: Collins)<\/p>\n
The trial of six men accused of falsely imprisoning the former T\u00e1naiste Joan Burton has heard that a a peaceful protestor is charged with an offence that could potentially result in a life sentence.<\/p>\n
Solidarity TD Paul Murphy (34) and five other men have pleaded not guilty at Dublin Circuit Criminal Court to falsely imprisoning Ms Burton and her adviser Karen O\u2019Connell by restricting their personal liberty without consent at Fortunestown Road, Jobstown, Tallaght on November 15, 2014.<\/p>\n
In his closing arguments to the jury Padraig Dwyer SC, defending Frank Donaghy (71), who said he only got involved in the protest when he spotted the gathering after going to get petrol, said the man did not deserve to be labelled a criminal for his actions that day.<\/p>\n
Mr Dwyer said it was unfair that his client had been sitting through a lengthy trial facing a charge of false imprisonment which could potentially result in a life sentence.<\/p>\n
\u201cIt is completely unfair to say that he should take responsibility for anyone else’s actions. He just joined the protest because he felt he was standing up for himself, his wife, his child and the community and the reward he gets is to indict him with a crime which is up there with rape, murder and robbery\u201d.<\/p>\n
\u201cAll he is doing is holding a banner walking up the road, with some old dears from Tallaght,\u201d Mr Dwyer said, before he added that it was \u201can injustice that this would constitute a false imprisonment.\u201d<\/p>\n
He added that Superintendent Daniel Flavin agreed during the trial that carrying a banner is \u201cthe essence of peaceful protest\u201d.<\/p>\n
Mr Dwyer told the jury that the charges laid against Mr Donaghy were \u201cludicrous, unfair and wrong\u201d and suggested that if he were to be charged with anything because of his behaviour that day it should be a public order offence that could be dealt with by his local district court.<\/p>\n
\u201cIf your grandfather did as he did, he is just as likely to find himself in the same position as Frank Donaghy\u201d, Mr Dwyer said, before he added that if the jury acquitted his client it would be \u201cdelivering justice for yourself, your family and future generations\u201d.<\/p>\n
\u201cIt would be an injustice, contrary to our notions of liberty and democracy that he should be convicted of false imprisonment. He is just an ordinary man. It is absolutely disgraceful the way the State have treated him. He was a labourer, he bled, sweated and toiled. He is entitled in his retirement to sit down by a politician’s car, within reason, and he is entitled to hold a banner and slow down the progression of a politician\u201d.<\/p>\n
Counsel for another accused, Scott Masterson (34), said that it would be unfair to simply lump her client, who was peacefully protesting, into a situation with others who were \u201cengaged in acts of violence and extraordinary abuse and insult.\u201d<\/p>\n
Roisin Lacey SC, defending Masterson, said her client’s mere presence at the protest was \u201cnot enough to hang him with guilt\u201d.<\/p>\n
She said it was a spontaneous, unplanned protest and it was \u201cmanifestly clear\u201d that Mr Masterson was not involved in organising people on the day.<\/p>\n
\u201cHe was not encouraging others in violence, nor was he directing others present to do anything like that,\u201d Ms Lacey continued, adding that Mr Masterson was not commanding or influencing others.<\/p>\n
She suggested that any woman like herself or members of the jury would find it \u201cabhorrent to be called a bitch, cunt or slut. But this was not Mr Masterson\u201d.<\/p>\n
\u201cHe was not armed as others who were armed with missiles. None of this can be laid at the door of Mr Masterson. He has nothing in his hand, not armed with anything to incite fear,\u201d Ms Lacey said, before she added that it wasn’t her client’s motive to be there to be violent.<\/p>\n
She said it was accepted during the trial that people at an event such as this protest at Jobstown could be there for different motives.<\/p>\n
\u201cThere can be a hijacking of what is intended to be a peaceful protest. It is accepted that people could be there with ulterior motives\u201d.<\/p>\n
Counsel also criticised the behaviour of the garda\u00ed when she said her client was arrested during \u201ca dawn raid\u201d on his home while he was making school lunches for his four and nine-year-old daughters.<\/p>\n
She said the girls, who were present at the time, were very distressed to witness their father being handcuffed.<\/p>\n
\u201cWhy was he handcuffed?\u201d Ms Lacey asked the jury after referring to previous garda evidence that people are usually handcuffed for their own safety and that of others present.<\/p>\n
\u201cWas he going to stab himself with the butter knife he was using to make the sandwiches. Was he a flight risk? Was he going to grab the lunch boxes and survive on cheese strings?\u201d Ms Lacey asked.<\/p>\n
She said being treated like this in front of his children, Mr Masterson was \u201cunjustifiably treated as a violent criminal\u201d.<\/p>\n
Ms Lacey suggested that this behaviour of the garda\u00ed towards her client was indicative of the force’s actions throughout the case, \u201cIs it cracking a nut with a sledge hammer? Is it all over the top?\u201d<\/p>\n
She said the peaceful protestors on the day didn’t want this political treachery to go unchecked.<\/p>\n
\u201cWe should be grateful to people like Mr Masterson, who have taken part in peaceful protest, to stand up for all our beliefs, peacefully and within the law,\u201d Ms Lacey said.<\/p>\n
Counsel suggested that when her client’s daughters look back on the morning of their father’s arrest they may be able to put aside their distress and see someone with political principles who was prepared to stand up.<\/p>\n
\u201cIs he to be condemned for that? I think not, and I urge you not to,\u201d Ms Lacey said.<\/p>\n
Paul Murphy of Kingswood Heights, Tallaght; Kieran Mahon of Bolbrook Grove, Tallaght; Michael Murphy of Whitechurch Way, Ballyboden, Dublin; Frank Donaghy of Alpine Rise, Tallaght; Michael Banks (46) of Brookview Green, Tallaght and Scott Masterson of Carrigmore Drive, Tallaght have all denied the charges.<\/p>\n
Ms Lacey suggested that Mr Masterson had a legitimate motive to engage in \u201ca joint enterprise of peaceful protest\u201d.<\/p>\n
She said Mr Masterson accepts that he sat behind the Avensis both Ms Burton and Ms O’Connell were in, that he also sat in front of the jeep they were later moved into and was finally present when that jeep was slow-marched to the Fortunestown Road.<\/p>\n
Counsel suggested to the jury that her client’s guilt or innocence boils down to one question. \u201cWhat was his intention when he attended Jobstown and during his time in Jobstown?\u201d<\/p>\n
She referred to footage that showed Mr Masterson sitting calmly linking arms, \u201cnot indicative of someone intending to falsely imprison two women,\u201d Ms Lacey suggested.<\/p>\n
She said when garda\u00ed tried to move the \u201csit down\u201d protestors that was \u201cwhen all hell broke loose\u201d but she again pointed out to the jury that her client was not involved in that.<\/p>\n
Counsel said Mr Masterson accepted that he was leading chants which she said were not abusive, violent or coarse but instead carried slogans such as \u201cJoan in your ivory tower, this is called people power\u201d.<\/p>\n
Ms Lacey pointed out that the women were able to get out of the car through the car’s doors and ultimately did.<\/p>\n
Counsel also referred to video during which Mr Masterson can be clearly heard shouting at garda\u00ed while he was at the back of the Avensis, \u201cTell her to get out and answer our questions.\u201d<\/p>\n
\u201cHow is that consistent with a man’s whose intent is to keep two women trapped in a vehicle?\u201d Ms Lacey asked the jury.<\/p>\n
Ms Lacey told the jury that people can have beliefs with a deep conviction and have the right to persuade public opinion.<\/p>\n
It was suggested that there was nothing wrong or unlawful in being present at such political protest or taking part in a political speech before she added that \u201cthe bad behaviour of others, which would mean that a protest that had been peaceful, could then become unlawful\u201d.<\/p>\n
Ms Lacey said it was \u201cillogical\u201d for the State to suggest that politics should be left outside the jury room because the jurors could not be expected to look at what her client did that day in a vacuum.<\/p>\n
She quoted Edmund Burke who she described as a democracy sceptic, philosopher and political figure when he said \u201cfor evil to thrive, it is necessary that good men do nothing\u201d.<\/p>\n
Counsel suggested that in this case the quote could be changed to for \u201cpolitical treachery to thrive\u201d, it is necessary that good men do nothing.<\/p>\n
\u201cIf you exercise your franchise based on broken election promises or pledges you will feel very aggrieved,\u201d Ms Lacey told the jury.<\/p>\n
Mr Dwyer said his client was clear about his intent that day when he was interviewed by garda\u00ed later.<\/p>\n
\u201cI was at the protest. I was in Jobstown getting a petrol. I stopped and went over and took part in what was a peaceful protest,\u201d Mr Donaghy told garda\u00ed.<\/p>\n
“All I can remember is taking part in a sit down protest. I was just sitting down behind a car and the garda\u00ed came and took me away.\u201d<\/p>\n
When asked why he had sat down behind the car, Mr Donaghy replied \u201cIt was a sit down protest. People have been doing it for years. I think it’s fairly legitimate\u201d.<\/p>\n
Mr Dwyer also asked the jury to consider the state of mind of the two women who the State allege were falsely imprisoned.<\/p>\n
\u201cIf you look at the footage you will see that within minutes of them sitting into the Avensis they were laughing and there was general chit chat going on. If you were falsely imprisoned by someone, would you be taking out your mobile phone to record the people who are falsely imprisoning you,\u201d Counsel said.<\/p>\n
He then suggested that the women were instead treating the protest as one of \u201cdelay, hindrance and inconvenience\u201d.<\/p>\n
Mr Dwyer also referred to what he termed the \u201cgarda failures\u201d in the case.<\/p>\n
\u201cThere was an abysmal failure to gather all the relevant evidence. There were no house to house enquiries. They didn’t talk to all the people on the protest. There was a failure to give accurate and honest evidence that was not misleading, Mr Dwyer said, before he added that this was something the jury should not ignore.<\/p>\n
The trial continues before Judge Melanie Greally.<\/p>\n","protected":false},"excerpt":{"rendered":"
(Pictured: Accused Mr Frank Donaghy. Credit: Collins)<\/p>\n
The trial of six men accused of falsely imprisoning the former T\u00e1naiste Joan Burton has heard that a a peaceful protestor is charged with an offence that could potentially result in a life sentence.<\/p>\n
Solidarity TD Paul Murphy (34) and five other men have pleaded not guilty at Dublin Circuit Criminal Court to falsely imprisoning <\/p>\n","protected":false},"author":30,"featured_media":13760,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[8],"tags":[],"acf":[],"yoast_head":"\n