Seven deny falsely imprisoning Burton
Jobstown accused fight charges over water tax street protest
TD Paul Murphy and six others were “plainly involved” in the false imprisonment of Joan Burton, a court heard yesterday. But the jury was warned the charges against the seven men should not be confused with kidnapping or taking and carrying someone away. The 34-year old Solidarity deputy, councillors Kieran Mahon, 39, Michael Murphy, 53, and four other men pleaded not guilty at Dublin Circuit Criminal Court. They face charges of falsely imprisoning the then Tanaiste and her advisor Karen O’connell by restricting their personal liberty at Fortunestown Road, Jobstown in Tallaght, South Dublin, on November 15, 2014. Opening the prosecution case, Sean Gillane said everyone was entitled to political views and opinions and to express them with gusto and energy. He added: “A view is no more privileged or worthy of protection because it is shared by people in power or because it is held by people in protest.” Mr Gillane told the court how Ms Burton and her advisor allegedly had eggs and water balloons “hurled” at them while attending a graduation ceremony at a further education centre in Jobstown. Arrangements were made for them to leave by a side entrance and to get into a Garda car but it was surrounded by water charges protesters. Mr Gillane said the vehicle was banged on and there was shouting and roaring. Members of the Garda public order unit arrived and the Tanaiste was moved to a force jeep “by means of a human cordon” but it was also surrounded and unable to move, trapping the pair for two hours. Mr Gillane told the jury they would hear the accused TD was heard saying: “If they withdraw the public order unit, will we let her go?” Ultimately the jeep was moved very slowly and the women escaped by running to two different Garda cars. Mr Gillane said it was the prosecution case that the seven men were “plainly involved in the restriction of liberty” of the pair. The court heard Ms Burton would be the first witness and she is due to give evidence today. The others on trial are Frank Donaghy, 71, of Alpine Rise, Tallaght, Ken Purcell, 50, of Kiltalown Green, Michael Banks, 46, of Brookview Green, Tallaght, and 34-year-old Scott Masterson of Carrigmore Drive, also Tallaght. They have all entered not guilty pleas. Mr Gillane told the jury there was a wider issue of the planned imposition of water charges at the time. He said this was the subject of much public debate and one would need to have been living on the moon to be unaware of it. He added there was a full spectrum of opinion with genuinely-held strong views for and against. He said: “That’s as you would expect in a democracy where adults have opinions. There were many people exercised by the issue.” Mr Gillane added a number of people who were animated by these issues had gathered in Jobstown on the day the then Tanaiste was due to visit. The court heard Ms Burton and her advisor had strong language shouted at them and water balloons and eggs hurled in their direction as they walked towards the local church. Ms Burton was hit by a balloon and had to swap her jacket before continuing to give her address to the graduates and their families. The court heard the numbers outside the church began to grow during the ceremony and a mood of hostility developed. Mr Gillane said a large number of people had gathered between the church and the minister’s car so arrangements were made for her to get into a waiting Garda car. The two women left by a side entrance to the church and got into the vehicle but it was immediately surrounded by protesters. Mr Gillane added some of these were banging on the car and shouting while items were thrown in the direction of the vehicle. He said a number of protesters sat down and “the car was effectively trapped by virtue of being surrounded by those people”. The prosecutor told the jury they would hear evidence that requests made by gardai to ask people to leave were ignored and attempts to remove people were interfered with. He said the two women got into the car at 12.45pm and were stuck in it for approximately an hour. Members of the Garda public order unit arrived at the scene and officers formed a human cordon to move them from the car to a Garda jeep. Mr Gillane claimed: “Attempts to move the jeep were frustrated by virtue of the jeep being surrounded. “People sat down. They were effectively trapped.” The court heard there were conversations between Paul Murphy and gardai in order to end what officers believed was a seriously escalating situation. Eventually the jeep moved off very slowly, shepherded by gardai. Mr Gillane added: “At 3.45pm Ms Burton and Ms O’connell secured their departure by virtue of running from the jeep.” He added they were chased by a number of people. Mr Gillane told the jury gardai investigate and secure any potentitally relevant evidence when an incident of alleged wrongdoing takes place. He said a file is then sent to the Director of Public Prosecutions who, as an independent constitutional officer, decides on examination of the file whether charges should be brought. Mr Gillane added the burden is on the prosecution to prove the case beyond all reasonable doubt. He said: “If someone alleges something it’s up to them to prove it.” The prosecutor added his role is to present the evidence of the case as clearly and coherently as he could – not to struggle for a conviction at all costs. He said the defendants were all innocent and remained innocent until a jury of their peers found them guilty, if that happened.