Water protesters agree not to speak about trial at rally

Seven water charge protesters accused of falsely imprisoning former tánaiste Joan Burton have told a court they will not speak about the trial at a forthcoming rally.

Solidarity TD Paul Murphy (33), together with Dublin councillors Kieran Mahon (39) and Michael Murphy (53) and four other men are due to go on trial next month on charges arising out of the alleged false imprisonment of Ms Burton during a water protest in Jobstown on November 15th, 2014.

The case was listed on Friday after the Director of Public Prosecutions (DPP) told Dublin Circuit Criminal Court on Thursday that it had concerns about a campaign in respect of the trial and a rally being held in the city this weekend.

Seán Guerin SC, for Mr Murphy, said his client was prepared to make an undertaking to the court that he would not speak on the subject matter of the trial during this rally. He also said that the raising of the issue had given the defendants time to reflect on the limits on the freedom of expression around a forthcoming trial.

Mr Guerin told the court that Mr Murphy had been on bail for 18 months since he was charged and during this time no issues had arisen.

Responsible position

Lawyers for the other accused told the court that their clients had instructed them to give the same undertaking as Mr Murphy. Judge Melanie Greally said she was relieved to see that such a responsible position being adopted by the accused.

Sean Gillane SC, prosecuting, told the court that on the day the jury panel arrived, the accused and the supporters should take into consideration the fact that the courthouse had only one way in. Some supporters in the packed courtroom began shouting “no” and “no way” to this.

Judge Greally said she did not know what these exclamations were about. “But I can assure you that anybody present here who is seen acting in any way seen intimidatory of likely jurors or actual jurors will be met with the most severe of consequences,” she said.

The trial is due to begin on April 24th when a jury will be selected. The court heard that there was some consideration for having a specially enlarged jury panel if the trial were ti take a number of months but that this would be unnecessary if the trial ran within the scheduled six weeks.

Mr Murphy of Kingswood Heights, Tallaght, Mr Mahon of Bolbrook Grove, Tallaght, Mr Murphy of Whitechurch Way, Ballyboden, Dublin, Frank Donaghy (71) of Alpine Rise, Tallaght, Ken Purcell (50) of Kiltalown Green, Michael Banks (46) of Brookview Green, Tallaght, and Scott Masterson (34) of Carrigmore Drive, Tallaght each face charges of falsely imprisoning Ms Burton and Karen O’Connell.