A JUDGE has refused to strike out the case of a property developer charged with criminal damage after a concrete mixer truck was driven into the gates of Leinster House last September.
On September 29th, a cement lorry, with the words “toxic bank” and “Anglo” painted in red letters on its sides, was driven into the gates of Leinster House.
Joe McNamara (41), of Dún na Carraige, Blackrock, Co Galway, who reportedly owes Anglo Irish Bank €3.5 million, was charged the following day with criminal damage at Dublin District Court.
Mr McNamara had been remanded on bail to appear again yesterday where state solicitor Declan Keating told Judge Patrick McMahon that the DPP’s directions in relation to the case were not yet available.
He requested an adjournment and explained that further charges may be brought against Mr McNamara.
“Directions are sought in relation to that,” he submitted.
“There has been some CCTV evidence obtained by the gardaí,” he said, adding, “although the case appears straightforward, it is slightly more complex that it appears”. He asked for the case to be put back until after Christmas.
However, defence solicitor Cahir O’Higgins objected, and asked the judge to strike out the case.
Mr O’Higgins said his client, who was dressed in a dark suit and an open-necked blue shirt and remained silent during the proceedings, had come to court to meet a charge of criminal damage.
He argued that it was a “fairly minor offence” and “summary in nature” which means it should be dealt with at District Court level and not sent forward to the Circuit Court.
The State then applied for a shorter, three-week, remand for the DPP’s directions to which the judge agreed.
However, Mr O’Higgins said the judge had not heard his points and asked him to vacate the order, which he maintained would otherwise be “unlawful”.
The judge refused and remanded Mr McNamara on continuing bail to appear again on December 16th.
However, he marked the case “peremptory against the State” meaning it could be struck out on that date if the DPP’s directions are not available by then.
“Next case,” the judge then said.
On September 30th, after he was first charged, Mr McNamara, gave a statement through his solicitor Mr O’Higgins saying: “Joe wished to make a legitimate protest at what he believes to have been unfair treatment at the hands of the banks.
“There are now criminal proceedings in being arising out of an incident yesterday as you know. He wishes to be respectful of those proceedings by making no further comment in relation to the matter until those proceedings are determined.”
The court had heard Mr McNamara was exercising his rights to express opinions under section 40.6.1 of the Constitution.