Courts / Dublin / Report

Judge in Jobstown trial revisits issues from her charge

Date
2017-06-28

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 Tánaiste Joan Burton and her adviser Karen O'Connell has been adjourned to continue deliberations. Judge Melanie Greally sent the jurors home after they failed to reach a verdict following one hour and 53 minutes of deliberation. The accused—Paul Murphy, Kieran Mahon, Michael Murphy, Michael Banks, Scott Masterson, and Frank Donaghy—have all pleaded not guilty to the charges, which allege they restricted the women's liberty without consent on November 15, 2014. The prosecution claims the men engaged in a joint enterprise to restrain the victims, while the defence argues the men were exercising their right to peaceful assembly and that any obstruction was merely a nuisance. In her charge, Judge Greally instructed the jury to treat video footage as the primary evidence and to consider the actions of gardaí, including potential mishandling of the protest. She also highlighted specific defence arguments, such as Paul Murphy taking steps to end the restraint and Scott Masterson's actions being inconsistent with intent to imprison. The judge noted that the absence of statements from attendees might be relevant to suggestions of a Garda agenda. The matter was adjourned, with the jury instructed to resume deliberations tomorrow.

Who, what, where, when and why

What: Report matter: Judge in Jobstown trial revisits issues from her charge. Charges or matters: falsely imprisoning. Procedural stage: sentence

When:

November 15, 2014 Hearing Or Sentence
April 26 Hearing Or Sentence
2017-06-28 Publication