There was uproar in the High Court yesterday when 10 refuse charge protesters were given jail sentences after they refused to give undertakings to the court not to interfere with Dublin City Council's bin collection services.
Nine of the 10 were immediately escorted from the courtroom to be taken to prison to begin their sentences, imposed by Ms Justice Carroll. Eight received 14-day sentences while the ninth, a woman who is breast-feeding her child, received a seven-day sentence. A 10th defendant, a man who said he had a medical appointment yesterday afternoon, will begin his sentence today.
The 10 include five women and five men. As they were brought through the Four Courts, they were followed by supporters who were loudly critical of the court's decision.
There were loud and angry scenes at times in the crowded courtroom, court number 13, on the top floor of the Four Courts during and after the case. At one stage, when one of the defendants, Lisa Carroll, of Upper Dorset Street, Dublin, told Ms Justice Carroll that she would not give an undertaking to the court and would not give an apology, there was loud applause from supporters of the campaign.
The judge said: "Silence, I will not permit this to happen in court." Ms Justice Carroll warned she would have the court cleared if there was any similar behaviour.
Lisa Carroll said she was a breast-feeding mother and told the judge that, if she chose to send her to jail: "You will have that on your head." When Ms Justice Carroll was leaving the bench at the conclusion of the hearing, there was chants of "Shame on you" and "You can't jail us all".
One of those jailed, Dermot Connolly, Ring Street, Inchicore, was stated to have obstructed a refuse truck at Derravarragh Road, Terenure, on September 30th last. He was not legally represented and said he wished to defend the allegations made against him, which were set out in affidavits from the council.
When the judge said his case could be adjourned for a week to allow him make a replying affidavit, Dermot Connolly said he would "take my stand with the people today".
During the hearing, Mr Justin McQuade, for nine of those jailed, said none of his clients had any criminal convictions and had never "crossed the law". He said they acknowledged that they had acted in breach of a court order and recognised that the rule of law must be upheld and that there would be consequences if it was not.
Counsel asked that it be taken into account that none of his clients were ring-leaders or organisers of the protest. They had voluntarily given their names to gardaí and had not given any misleading information. Their breach of a court order (blocking a refuse truck at Fairlawn Road, Finglas on October 1st) had lasted for 90 minutes and they had dispersed peacefully.
Mr McQuade asked the judge to be as lenient as she could and consider the imposition of a fine rather that a custodial sentence. They were all in a position to pay a fine but would ask for time to do so. They were all "ordinary members of society living an ordinary life" and were from a cross section of society.
Ms Justice Carroll asked why they could not give undertakings to obey the court orders. Mr McQuade said they felt strongly about the matter.
If they gave undertakings, that would be the end of the matter, the judge said. The fact that they were not giving undertakings meant they felt free to break the law again and disregard the orders made. She would not allow that situation to arise.
The judge added that, as far as she was concerned, a fine was not going to be a deterrent. The defendants were looking at a prison sentence.
The 10 defendants were then called before the judge individually and asked if they were going to obey the court order and apologise. All of them said they would not do so. Those jailed - in addition to Dermot Connolly and Lisa Carroll - were: Noreen Bradley, Finglaswood Road; Anna Doran, Liam Mellowes Road; Kay Conlon, Cloonlara Road; Bernie Hughes, Cappagh Avenue; John O'Neill, Fairways Grove; Declan Mahon, Collins Place, Beaumont (whose sentence starts today); Noel Kelly, Fairlawn Road; and Colm Breathnach, Kildonan Avenue.