Five anti-water charge protesters committed to prison for contempt
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
The High Court committed five anti-water charge protesters to prison for contempt in a ruling by Mr Justice Paul Gilligan on 19 February 2015. The proceedings were reported on 19 February 2015.
Damien O'Neill and Paul Moore received 56 days each, reflecting a second finding of contempt against them. Bernie Hughes and Derek Byrne received 28 days each. Michael Batty's committal was stayed until Tuesday morning because he was abroad for health reasons.
The court heard Michael Batty was in Lanzarote because he needed a dry, sunny climate due to chronic asthma. The judge required details of his return, including the time and date, on Tuesday morning and said he could not remain away for two or three months.
GMC Sierra secured the injunction on 5 November 2014. It prohibited coming within 20 metres of water-meter installation works and assaulting, intimidating or interfering with workers. The company brought proceedings against seven protesters over alleged breaches in Phibsborough and Stoneybatter in December 2014.
The judge said video evidence showed the nature and extent of Damien O'Neill and Paul Moore's involvement. He described the breaches as flagrant and deliberate and the actions as harassment and intimidation.
Patrick McGrath SC, counsel for the five, said they believed they had the right to protest but would give no undertaking against further breaches and enter no bond. Counsel said Damien O'Neill and Paul Moore apologised for offending the court but would not make an undertaking they could not honour because of their beliefs and views.
The application against Mark Egan and Richie Larkin was refused because the judge was not satisfied beyond a reasonable doubt that they breached the order. GMC Sierra was awarded costs against the five respondents found in contempt and ordered to pay costs in respect of Mark Egan and Richie Larkin.