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'Citizen journalist' Philip Dwyer will have conviction dismissed, judge indicates
Summary
Philip Dwyer, the appellant, appeared before the District Court Appeals Court regarding his conviction for failing to comply with a garda's direction to move on under section 8 of the Criminal Justice (Public Order) Act 1994. Dwyer, who was live-streaming during a riot at the former Crown Paints factory in Coolock, had previously been convicted in the District Court after denying the charge. He received a two-month suspended sentence and a 500 euro fine. On appeal, defence counsel argued that only 17 seconds elapsed between the direction and the arrest, suggesting Dwyer was not given a fair opportunity to comply. The court also heard that the senior garda identified Dwyer as a "right wing agitator online," a description Dwyer alleged was biased. Judge Ronan Munro indicated that he was inclined to dismiss the case under section 1(1) of the Probation of Offenders Act, 1907, leaving Dwyer without a conviction. This proposed disposal is conditional on Dwyer paying 200 euro to the garda benevolent fund within four weeks. The judge expressed concern over the rapidity of the arrest but noted that Dwyer's refusal to answer questions demonstrated non-compliance. The matter was adjourned until February 24 to confirm that the payment has been made.
Who, what, where, when and why
What: Report matter: 'Citizen journalist' Philip Dwyer will have conviction dismissed, judge indicates. Charges or matters: failing to comply with a garda's direction to move on while live-streaming during a riot, will have his case dismissed on appeal, a judge has indicated. Procedural stage: appeal. Findings: Convicted
When:
- July 15, 2024 Hearing Or Sentence
- February 24 Adjournment
- 2026-01-22 Publication
Why: The witness said he did not believe that being a citizen or mainstream journalist was a reason for not complying with a direction. CNI source report
Case subjects
Appellant
Charges: failing to comply with a garda's direction to move on while live-streaming during a riot, will have his case dismissed on appeal, a judge has indicated (Proven)
Finding: Convicted
Outcome: Convicted; Dwyer, who had denied the charge, was given a two-month suspended sentence along with a 500 euro fine.; Judge Munro adjourned the case until February 24 to confirm that the payment has been made.
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