Courts / Dublin / Report

Judge in Jobstown trial asks jury to be "fearless" when considering verdict

Date
2017-06-26

Stage
Sentence

Primary locality
Tallaght

County
Dublin

Summary

The jury in the Dublin Circuit Criminal Court trial of six men accused of falsely imprisoning former Tanaiste Joan Burton and her adviser Karen O'Connell has retired to consider its verdicts. On day 37, Judge Melanie Greally urged the jury to be "fearless" and set aside political sympathies or views regarding the water charges context. The defendants—Paul Murphy, Kieran Mahon, Michael Murphy, Michael Banks, Scott Masterson, and Frank Donaghy—all pleaded not guilty to restricting the women's liberty without consent on November 15, 2014. The prosecution alleged the men intentionally and totally restrained the women by obstructing their vehicles during a protest. The defence argued the men were exercising their constitutional right to peaceful assembly and that the obstruction was merely an inconvenience, not total restraint. Judge Greally instructed the jury that false imprisonment requires total restraint with no reasonable means of escape. She highlighted that if a safe egress existed, such as leaving on foot or reversing the vehicle, the charge could not stand. The judge also directed the jury to determine whether the protest was peaceful, noting that this finding would influence how they viewed the actions of both the accused and the gardaí. Although the maximum penalty for false imprisonment is life imprisonment, the judge stated that sentencing is a matter for the court alone and urged the jury to focus solely on guilt or innocence. The jury was sent home for the day, with deliberations to resume the following afternoon.

Who, what, where, when and why

What: Report matter: Judge in Jobstown trial asks jury to be "fearless" when considering verdict. Charges or matters: false imprisonment. Procedural stage: sentence

When:

November 15, 2014 Other
2017-06-26 Publication

Why: She said it was common practice in criminal trials to not inform the jury of the maximum penalties involved because it "may affect the decision of the jury". CNI source report