Mayday Court Appearance Jan 5th
dublin |
summit mobilisations |
news report 
Tuesday January 11, 2005 21:52
by Killian D
After nearly a week in cloverhill pison and signing-on over a period of six months, three times a week, i finally appeared in court last Wed 5th January. I pleaded not guilty to two public order offences resulting from Mayday last.
Section 6 and 8 charges to be precise, (6 being abusive and threatening to police) and (8 not moving away from area). I appeared in the old Richmond hospital (CCDC) with one other protester and a few other cases. Because i
pleaded not guilty i appeared last in the day. There were no orgainsations present in the court apart from at least 20 Gardai.
My case began well, after the state dismissed the section 6 charge against me because of a lack of evidence. The section 8 remained and thus the state prosecution started the show. It began with a deputy commisioner, two superintendants and two gardai giving evidence against me, consisting of
detailed reports of the happenings on Mayday. There was no relevant evidence against me or the section 8 charge, as they each told their personal stories regarding Mayday. My lawyer complained but the judge, in my opinion seemed enthralled by the congregation of uniformed gardai. The only garda (6th State Witness) who actaully said he saw me said i was shouting and was a frontline
protester so liable to arrest.
In defence, my lawyer argued
(1) i hadn't been arrested properly
(2) No evidence that i heard gardai telling me to leave the area
(3) video evidence showing me moving away at the time of arrest
(4) I should of been arrested under section
21, the last verbal warning given before the time of my arrest.
All points were dismissed by the judge and i was given the probation act and a 500euro fine to a charity.
Comments (8 of 8)
Jump To Comment: 1 2 3 4 5 6 7 8Who was other protester in court?
If all the points were dismissed, why did you get the probation act? And why the €500?
it seeems clear to me that the points raised by his council were dismissed by the judge as in the judge didn't seem them as relevant migating argument in the defendents case.
Translation; the judge dismissed the defenses arguments and agreed with the prosceution.
Seeing that there was/is debate (or shit stirring) elsewhere on this site about prisoner support, what is your view on this Killan? Did you request any? Were you looking for any?
I will make the assumption that you did not request and thus did not have prisoner support -correct me if wrong, but if so, has your view on this changed?
And as a result of your experience has it changed your view of the state and it's role and would you be inclined to join protests in the future again.
I realize you may not want to make your views public, so if that the case, that's okay with me.
Was your legal representative someone that you paid for or was s/he state appointed? When your legal representative complained on what legal grounds did the judge accept that the testimony of the first 5 witnesses for the prosecution was admissible?
From what you report this sounds like a complete stitch up.
Lawyer wasn't part of legal aid, a family friend. Judge listened to first five witnesses on grounds that the prosecution was allowed to give a picture of the scenes that day, for the judge's own interest. Defence charges were dismissed, so i fought the law and the law won.
Sounds like you were convicted for being in the wrong place at the wrong time, at some sort of `illegal protest`. It's shite.
when reclaim the streets was broke up by police at about nine pm a group of us who took part (10 people) started to make our way back home to bray, co. wicklow we broke up in to smaller groups on our way back to the dart sation about five of us decided to use
burger king's toilets (bottom o con st)before our journey, as we left burger king three of us were approched by two police officers.
They strolled over and asked our names and looked for id, the fourth member of our party joined us when he saw the police he again got the same treatment. The police then demanded we empty our bags and pockets (three of us the fourth person was a girl). We consented because we had no contraband on us. After finding no drugs anything they told us to be on our way.
we left the area and started walking towards tara st sation when two of my friends who were searched went back to burger king to collect another of our friends who was lagging behind. The two same police approched them again and arrested them under section six for lottering (bad spelling ....oops).
they were held in pearse st sation for four hours and were charged under section six. while there they were told to sign confessions or they would get prison time, (thankfully they are not idiots and refused), when they were released about two am they had no way back to wicklow and no money (the guards took the last mere 2 euros they have and six cds) when they told the police about there situation they laughed at them and told them they would be arrested if they did not leave. so these country boys had a great night thanks to the police.
the case came to court on november 04. On the day of the hearing the police decided to introduce a new charge for good measure being drunk and disorderly. The police officer took the stand and lied tough this teeth, my friends pleded not guilty and got off on a technacallity (..?) because the police officer did not quote anything about treat of arrest when he told us to move out of the area.
The case was dismissed and that high and mighty police officer got a dose of humble pie in front to his 15 onlooking police buddies. we must support each other times like this, even if it is just turning up to court so your friends have a familar friendly face in a room of police and court staff, it makes a difference
thanks to justin from indy media england who paid for there taxi from pearse st sation to harolds cross even tough he did not know them , that is the type of support that counts.
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