Dubin 11 in court

The trial of eleven anti-racists accused under the Public Order Act in relation to a sit in at Bertie Ahern's office on 28 March 2000 was underway this week in Dublin. They were charged under the Public Order Act 1994 with refusing to obey the direction of a Garda. The maximum sentence if convicted is £500 fine or six months for each defendant.

Charges against two activists were dismissed on Monday, 11 February, because of a lack of translation facilities in Irish and German, respectively, in court.

On Tuesday, the case continued against the remaining nine and evidence was given by a number of Gardai in relation to events at the office. All Garda witnesses conceded that it had been a peaceful political protest. About 30 Garda’ had been called out in all.

A serious problem arose when some of the Garda’ were asked to point out in court those people they had arrested. Three people were wrongly identified. Another Guard said he 'had no idea' which man he had arrested.

In relation to another defendant, there was no evidence provided at all that he had even been arrested on the day. The defendants' solicitor argued that the wrongly identified defendants should be dismissed but the judge refused to do this. The solicitor also made points about freedom of assembly and political protest as outlined in the Irish Constitution and the Human Rights Convention. The judge also refused to accept these points.

The judge did accept a submission that the case against one activist should be dismissed because he was not in the room at the time the protestors were told to leave by the Superintendent (therefore he could not be charged with refusing to obey a direction if he did not hear it). This left eight people charged.

One defendant, called as a witness, explained why the protest took place and that it was peaceful, etc. She also disputed that the building was the private residence of Bertie Ahern (it isn't and wasn't in March 2000 either).

At the conclusion of the day, the judge convicted the three activists who had been positively identified. The defendants' solicitor argued that the judge's ruling relating to the five incorrect identifications should be sent to the High Court for a decision on its legality. The judge was reluctant to accept this but said she would allow the solicitor get more legal advice on this. She set time for another hearing on this submisson on Thursday 14 February. The three convicted activists will be sentenced at this time.

Protests were held outside the court by anti-racist activists on both days.