Courts / Dublin / Report

TD Paul Murphy contests State bid for separate false imprisonment trials

Date
2016-05-03
Stage
Sentence
Primary locality
Dublin
County
Dublin

Summary

In a Dublin Circuit Criminal Court hearing on 3 May 2016, TD Paul Murphy and 18 other defendants challenged a State application for four separate trials on 45 counts, including false imprisonment of Tánaiste Joan Burton, violent disorder and criminal damage, arising from a water‑charges protest in Jobstown. Prosecutor Tony McGillicuddy argued that the case should be divided into manageable blocks, citing UK case law that multiple accused could burden the judge and jury and that no courtroom could handle 19 defendants. Defence counsel, including Colman Fitzgerald for Antoinette Kane, contended that Judge Melanie Greally lacked jurisdiction to grant severance and that the State's application was illogical, as the Director of Public Prosecution had drafted the indictment. They warned that separate trials would create multiple "trials within a trial" and that a single jury should assess the entire incident for justice. Judge Greally said she would decide on 12 May and excused some defendants from the next sessions.

Who, what, where, when and why

What: Report matter: TD Paul Murphy contests State bid for separate false imprisonment trials. Charges or matters: violent disorder, continued the argument that Judge Greally didn't have jurisdiction to deal with the application. Procedural stage: sentence

When:

Why: He also submitted that there was no logic to the State's application because he said they were in charge of drafting the indictment and it was the Director of Public Prosecution's decision to put all 19 defendants on it in the first instance. Prosecution account reported by CNI

Case subjects

Unnamed accused

Accused

Charges: violent disorder, continued the argument that Judge Greally didn't have jurisdiction to deal with the application (Alleged Or Contested)

Places mentioned

Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
Residence

Topics

Stage Sentence Violent Crime

Related court reports

Read the original CNI report

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