A man charged over social media content he allegedly posted, related to anti-immigration protests, has failed in his bid to have his bail conditions changed to allow him resume using social media.
Graham Carey (39), of Dunsink Drive, Finglas, has been remanded on bail since February, when he was first charged. He is accused of distributing, showing or playing a recording of visual images or sounds regarded as being threatening, abusive or insulting and intended to stir up hatred or which was likely to stir up hatred. The alleged offence is contrary to Section 2 of the Prohibition of Incitement to Hatred Act 1989.
Ciaran MacLoughlin BL, for Mr Carey, told Dublin District Court in Blanchardstown on Friday his ongoing social media ban was “a step too far”. He put it to Judge Gerard Jones that “if someone is charged with shoplifting, you don’t ban them from shopping”.
He said Mr Carey should be allowed to use social media pending his case being dealt with, adding if he posted any content which breached the criminal law it could be dealt with under the law.
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The court was told Mr Carey was banned from social media but was permitted to use WhatsApp for work purposes. Mr MacLoughlin also told Judge Jones that another condition of Mr Carey’s bail, stipulating he must sign on at a Garda station every Tuesday and Saturday, was undermining his efforts to resume work.
He said Mr Carey was a freelance truck driver and if his bail conditions were amended to allow him sign on once each week, on Sundays, it would assist in his efforts to maintain employment.
Det Sgt Eamon Hoey of the Special Detective Unit told Judge Jones the Garda had no objection to Mr Carey signing on each Sunday rather than twice each week. However, Det Sgt Hoey also told the court as Mr Carey was before the courts because of alleged hate-based social media content, the Garda was opposing his request that his social media ban would be lifted.
Judge Jones agreed, saying he was satisfied that aspect of the bail conditions “absolutely must continue”. However, while refusing Mr Carey’s request to return to social media, he consented to his request to sign on once each week rather than twice.
Mr Carey was remanded on continuing bail, to appear before the court again on July 14th, as further directions in the case were awaited from the Director of Public Prosecutions.
Mr Carey had been a supporter and organiser of anti-immigration protests before he was charged in February when he was granted bail under a variety of conditions. These included being barred from social media and banned from organising or attending any protests or gatherings, either in person or online.
At his first appearance before Dublin District Court in February, Judge Michelle Finan also told Mr Carey he was to stay away from “any locations housing refugees” as she granted him bail on his own bond of €200.
While gardaí initially proposed a ban from posting videos on social media for Mr Carey, Judge Finan said social media was a “complex” area as users could have many accounts under different names. “It’s very much clearer for him if he’s barred from social media,” she said.
Det Sgt Hoey also gave evidence on behalf of the Garda at the February court sitting, telling Judge Finan when the charge was put to Mr Carey he replied: “In hindsight, it won’t be happening again, I will be taking a different approach going forward.”
Under the bail conditions imposed in February, Mr Carey was instructed by the court to reside at his home address as part of his bail conditions as well as abiding by a curfew, which stipulates he must be at home between 9pm and 6am every day.
Mr Carey was also ordered by the court to surrender his passport as part of the bail conditions and to give an undertaking he would not apply for any travel documents. Judge Finan specified that Mr Carey’s new phone should be a “button phone”, a reference to a smartphone being unsuitable because of his ban from social media while on bail.
