directactionireland

http://www.indymedia.ie/article/93510

Garda B16 does not know a "document" whenhe serves it

At a hearing in Dublin District Court today, Judge McMahon dismissed the case against two animal rights activists arrested outsideBarnardo’s fur shop on Lower Grafton Street in Dublin on 22 May this year.

Robert Sevik was charged undersection 24 of the Public Order Act (refusing to give his name and address), and Edmond Long was charged under section 19 of the same act (obstruction of apeace officer).

Proceedings were instituted by Garda Paul Tallon, B16, of Harcourt Streetstation. The two men defended themselves. Seán Ryan acted as a McKenzie friendto both co-defendants.

The case was first adjourned to another court to permit viewing of videoevidence, but the defendants promptly brought a motion for dismissal, arguingthat Garda Tallon had broken District Court rules by delivering video evidenceto them in person. Order 10 states: "A member of the Garda Síochána shallnot serve a document in any proceedings in which such member is the personinstituting the proceedings."

Garda Tallon responded that ”it was a video recording, not a document” -apparently unaware that a video recording may also be a legal document.

Mr. Long had taken the video recording in question on the day of thedemonstration and Garda Tallon had confiscated it from him under the CriminalLaw Act.

Garda Tallon said that he had subsequently met Mr. Sevik at his home and hadgiven him the video recording, as per a court order of 27 July. Mr. Sevik hadinitially refused to acknowledge him but recorded him with a video recorder.Garda Tallon had then asked Mr. Sevik to call Mr. Long to take receipt of theconfiscated video recording. He did not do so. Garda Tallon had left the videowith Mr. Sevik.

Mr. Sevik complained that Garda Tallon had refused to step back out of thedoorway when requested.

The judge asked Mr. Sevik why he should object to the garda's behaviour."Is this not just obstruction?" he asked.

"I don't trust this man," replied Mr. Sevik. "I think that thiscase is a fabrication."

The judge asked Mr. Sevik what motion he was making. Dismissal.

And what motion was Mr. Long making, if the recording had not been served tohim? Also dismissal, as he lived at the same address.

Having checked the rule book, the judge advised Garda Tallon: "There'sclearly a flaw in the matter."

Garda Tallon then admitted that he was not aware of the rule and requested ashort remand to seek advice from the State Solicitor.

Judge McMahon refused, saying that the rule was quite clear.

”Rules are rules. Dismissed both matters.”

Mr. Long faces charges under the Public Order Act again on 14 September, havingbeen arrested by Garda Tallon at a demonstration in the same place on 20 June.