Another MAYDAY 04 trial.

Monday October 03, 2005 17:41

by karen

old Richmond Hospital court 50. today.

barry O'Donnovan was on trial today on the charge of causing a disturbance thereby a breach of the peace,under section 6 of the 1994 public order act.
Barry was charged under this for having the audacity to be on the Navan road and being part of the mayday MARCH ON 2004. He was arrested at approximately 9p.m. by the riot cops that evening.

this report is just quick notes, it is not verbatim but may give the gist o'it. please feel free to add to the notes given.Also sorry about some of the spelling!

This morning at 10:03a.m. we were awaiting barry's solicitor to turn up outside court. He never showed. He didn't even call barry to say that the court would be delayed......
We soon discover that the mornings trials in court 50 had been delayed till 12:00 as they were having a MASS! to start the new term of justice in that particular court room.

12:05 p.m.: we are sitting in the court getting our notebooks out when the court guard (D 174) asks us why we are there.Are we students or journalists?
We reply that we are here to support our friend.
An RTE journalist was also there.

sargeant Brendan Stynes vs Barry O'Donnovan.

Barry asks the court to stand (adjourn )for 5 minuites to enable him to speak to his counsel.

judge: agrees.

judge: is the matter proceeding?

DPP:i think it is, the state is in a position to go ahead.there are still some submissions.

judge: i will give you a few moments and you can liase with your consel.

judge: questions danny byrnes case which is called at 2p.m. she says it is down for 2p.m. that is why he is not in court...

Barry leaves the court to talk with his counsel.
Barry's solicitor has still not shown. he finds out from his counsel that he no longer has a solicitor and has to decide if he would defend himself.

12:20 resumed.

garda Stynes:....related to mayday 2004.

judge:the only matter i have in front of me is section 6.

judge: there are other things connected?

garda Stynes: yes i understand there are other things connected.

Barry: i'm surprised there are other issues.

judge: i noticed that one year ago i had ordered to put it back till now for video evidence.

judge: (to barry) it would facillitate you to have more time.

Both barry and the judge agree on this.

judge: has a garry doyle order been made?

DPP:no.

judge: i suggest you should. (tells barry to take a seat.)

judge: well in light as it stands at present, it might construe prejudice if it goes ahead today. i'm making a garry doyle order.

judge:(to barry) i can't get involved with your liason with counsel.

judge:.... in order to minimise i can make a trial date now.

judge: i'm going to give you a date for (a) hearing so you can tell the court if a garry doyle order has been met. i'm willing to hear it (the trial).

Barry: i think it is ok if there is sufficient time between.

judge:As i said, priveledge between you and your counsel.it is not for me to violate it.

Barry: i take your counsel.

judge: it is not for me to advise you.

Barry's counsel: ?

judge: well if Mr O'Donnovan wishes to talk to you i can accomodate that.

judge: the matter stands.

Barry and his counsel leave the court room to talk.

12:30p.m.

Barry's solicitor has not appeared and has not instructed his counsel. counsel will speak for him.

the garda statements have been provided.

judge: how long will it take?

Garda Stynes: maybe 4 to five days? 1 hour.

Judge: adjourned till 1st of March 2006.

barry's counsel:it will be longer than 1 hour due to video evidence.

judge: i'm noting the application to discharge the present solicitor and an order for the applications and allowing 4 to 6 weeks for 1 hour.
the 8th of the 11th 2005. for mention only.

judge: Garry doyle order to be prepared.

Garda Stynes: we did that.

judge: yes. i'm making the orderformally.4th of november formally.

Garda Stynes: obliged.

that's all i got! sorry barry but i hope it helps. If anyone else got the inbetweens or somethings i missed please put them up.

save preference

Comments (7 of 7)

May Day protestor given probation

by DV8

Mon Oct 03, 2005 18:01

An English student who took part in last year's May Day protest near the Phoenix Park in Dublin was given probation by a court today.

Dan Glass, 21, from New Barnet in Hertfordshire pleaded guilty at the District Court in Dublin to failing to leave the area when directed by gardaí.

The court heard Glass stood in front of a line of gardaí who were protecting the EU accession ceremony and refused to move away despite repeated warnings.

Judge Bridget Reilly dismissed the charge under the Probation Act after the defendant paid €200 to charity.

Nice job court reporter

by R. Isible

Mon Oct 03, 2005 18:09

How on earth did they get away with having a religious ceremony in a court room? Is this a common thing? Also, who was the solicitor that failed to turn up? I'd like to know so that I can avoid him/her.

6pm news tonight

by ...

Mon Oct 03, 2005 18:56

There is due to be an item on the RTE tv news at 6pm today. They interviewed the English student who got off and also a supporter who criticises the system that discourages protest by having charges hanging over people for months on end, charges which often get thrown out by the judge because the evidence isn't there. I am told this will be included in the report.

mass and solicitors

Tue Oct 04, 2005 13:13

Barry didn't want to give his solicitors name to me but i guess he knows me too well. you could ask him though. As for the holding of a MASS in the courtroom to start off the new term- i have never heard of such a mad thing to do but it is what happened. mental is what i call it......

Ahem

by Rose

Tue Oct 04, 2005 13:20

I don't think there was a mass in the court room. Yesterday was the start of the new legal year. New barristers (devils) starting and all that. Judges, barristers and solicitors would have attended mass in one of the local churches to 'celebrate' the start of the new legal year.

solicitors to avoid

by l

Tue Oct 04, 2005 17:28

the solicitor who refused to answer defendant's phonecalls & failed to turn up was Paul Byrne. He also charged defendants 3,500 euro for High Court barristers after they were refused bail by the District Court after Mayday . Only one paid that I know of & he is currently looking at what options he has to get that money returned.
A list of reliable and unreliable solicitors is sorely needed, as people going through the legal system, with political or other charges are being kept in the dark, misrepresented by their solicitor's and barristers and being advised to plead guilty for the convenience of their counsel & the state. It's difficult to get even basic information or even to find out if a case will proceed.
In short defendants are treated with complete contempt as soon as they enter the legal system.
there's been a suggestion to cover court cases & document judgements & particularly the treatment of defendants , by lawyers, prosecutors & judges. having people in the court taking notes really seems to help , as there's some record being kept & notifying journalists for political trials seems useful too, if it's ok by the defendant.
On the up side I have so far seen one district court judge listen to defendants concerns and demand actual evidence from garda witnesses. at least there's one.

by w

Tue Oct 04, 2005 21:27

I know the name of a decent lawyer, not sure about posting it up online though, not sure if they're into that.

If your lawyer tells you to plead guilty then you've got the wrong lawyer, I'm not innocent but I'm never guilty.

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Another MAYDAY 04 trial.

Comments (7 of 7)