Court of Appeal says District judge was wrong to dismiss charges against James Kelly

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal ruled that a District Court judge was wrong to dismiss charges against James Kelly over a 2015 protest that blocked an Irish Water contractor’s truck on York Road, Dún Laoghaire. The court said the evidence could support a finding that the truck’s passage was deliberately obstructed without lawful authority or reasonable excuse.

The court also said the sergeant’s failure to refer expressly to lawful authority or reasonable excuse did not prevent an inference that he reasonably suspected an offence when he directed protesters to leave. The appeal was allowed. The ruling addressed whether the charges should have been dismissed; it did not determine Kelly’s guilt.