Courts / Dublin / Report

Judge wrong to dismiss charges against Irish Water protestor, appeal court finds

Summary

In a 2018 Court of Appeal decision, the court found that a District Court judge had erred in dismissing charges against James Kelly, a Dublin protestor, for obstructing a flatbed truck operated by an Irish Water contractor on York Road, Dun Laoghaire, on 18 May 2015. Kelly was charged under Section 9 of the Criminal Justice (Public Order) Act 1994 for preventing or interrupting the free passage of the vehicle without lawful authority or reasonable excuse, and under Section 8 for failing to comply with a Garda direction. The District Court judge, Anne Watkin, dismissed both charges, citing uncertainty about the presence of lawful authority or reasonable excuse and the sergeant's reasonable suspicion. The Court of Appeal, led by Mr Justice George Birmingham, held that the evidence clearly showed deliberate blocking of the truck's free passage without lawful authority or reasonable excuse, and that the judge's dismissal was incorrect.

Who, what, where, when and why

What: Report matter: Judge wrong to dismiss charges against Irish Water protestor, appeal court finds. Procedural stage: appeal

When:

• May 18, 2015 Hearing Or Sentence
• 2018-12-04 Publication

Places mentioned

Topics

Public Order Stage Appeal

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Read the original CNI report