An anti-refugee activist has been barred from social media and ordered to stay away from asylum centres after gardaí charged him with "incitement to hatred".
The Garda Special Detective Unit (SDU) arrested Graham Carey, 39, of Dunsink Drive, Finglas, Dublin, on Wednesday.
He was held at Shankill Garda station under section 30 of the Offences Against the State Act.
Officers charged him at 11.05pm on Thursday night. According to the charge, it is alleged that on January 30th, at a place unknown within the State, he distributed, showed, or played a recording of visual images or sounds to stir up hatred.
The offence is contrary to section two of the Prohibition of Incitement to Hatred Act.
He was kept in Garda custody overnight pending his appearance before Judge Michele Finan at Dublin District Court on Friday.
SDU Detective Sergeant Eamon Hoey said Carey’s reply to the charges was: “In hindsight, it won’t be happening again; I will be taking a different approach going forward”.
Bail conditions
Judge Finan noted there was no objection to bail with conditions the detective sergeant had already discussed with defence solicitor Rory Staines.
He asked that Mr Carey reside at his address, surrender his passport and not apply for travel documents.
The accused, in a grey jumper, black trousers and runners, told the court he did not have a passport.
The garda sought an 8pm – 7 am curfew, but Mr Staines pointed out his client worked full-time, and the judge moved the start time to 9pm.
Mr Carey told the court, “Nine at night will do. I do be home at nine every evening”.
The judge also agreed to impose another condition on him not to organise or participate in gatherings and protests, either in person or online.
The SDU officer asked that Mr Carey not post or record videos on any social media platform.
Social media ban
Judge Finan agreed to make that another bail conditions, and went further, telling the accused, “You are barred from social media”.
Mr Staines queried the social media ban because the detective sergeant had not requested it.
Judge Finan said it was a “complex issue”; people can have various different accounts, and it would be simpler if he were barred from social media.
She invited the defence to address her if that was a breach of his civil liberties, but the solicitor then indicated his client consented and would sign the bail bond.
Judge Finan ordered him to sign on twice weekly at Cabra Garda station and provide a contact phone number within 48 hours. She specified that his new phone “is to be a button phone”.
She also warned him he had "to stay away from all centres and locations housing refugees".
He was released on €200 bail bond, with no cash lodgement required, and ordered to appear at Blanchardstown District Court on April 28th for directions from the Director of Public Prosecutions.
A legal application was deferred after the SDU officer objected. Judge Finan said it was a serious charge, but Mr Carey must provide gardai with a statement of his means.
