A protester who claimed to be using his right to free speech by calling gardaí "scumbags" and interfering with an arrest at a contentious demonstration outside the Dáil earlier this year has been spared jail.
Father of five Philip Keogh (45), of Griffith Park, Finglas, faced Public Order Act charges for threatening, abusive and insulting behaviour and obstructing gardaí on September 20th at Molesworth Street.
About 200 protesters held a rally outside Leinster House as the Dáil resumed following the summer recess, leading to several arrests.
Keogh, who is out of work due to disability, denied the charges and faced a hearing at Dublin District Court.
Judge Susan Fay convicted him and fined him €350, which must be paid within four months.
Garda Sean Murphy told the court that he had been on duty outside Leinster House at about 9.55am on the day in question, where protesters had gathered at the junction of Molesworth Street and Kildare Street.
The garda said his colleagues attempted to arrest another man, and one officer was trying to put him into the back of a patrol vehicle.
Garda Murphy alleged Keogh was standing around gardaí shouting verbal abuse. He claimed Keogh "called him and other gardaí scumbags and was making various threats and shouting at the top of his voice".
He said Keogh walked towards them and interfered with the arrest by placing himself between gardaí and the arrested man.
Garda Murphy immediately approached and pulled Keogh back to remove him from the situation, at which point the garda said Keogh "lashed out".
Garda Murphy said he took Keogh to the ground and tried to arrest him, but the accused held his hands to his chest to resist being handcuffed.
The garda said he cautioned Keogh to release his hands, but he refused, and other gardaí assisted. They lifted Keogh and placed him in the Garda vehicle, where he was informed of the reason for the arrest.
Annoyance
Under cross-examination, defence solicitor Donal Quigley put it to the garda that his client had been retrieving a phone from the arrested man, Darryl McMahon, claiming he did so in order to let Mr McMahon's family know about his arrest.
"That may be so, but he did interfere with the arrest," Garda Murphy replied.
The garda also agreed there was a right to protest, but in a peaceable manner, "not by breaching public order".
Mr Quigley suggested his client was not in breach of public order, but simply directing annoyance about his friend's arrest. The garda replied that Keogh was threatening and calling them scumbags.
A witness recorded the scene with her mobile phone, and the footage was shown in court. She said Keogh reached in for the phone and was manhandled.
The accused took to the stand and maintained his friend had been arrested for no reason.
Keogh said he knew his friend had to collect children from the creche, and another woman present could not reach him to get his phone. Keogh said he reached in, but claimed he did not put up a fight or lash out at gardaí.
Keogh said that after being pulled back, he felt the garda's elbow on his back and tried to protect his face from being slammed into the ground.
Asked about his behaviour being called threatening, he replied: "Have you heard of something called freedom of speech?" He accepted using the term scumbags.
In closing submissions, Mr Quigley said his client had clearly tried to reach in for his friend's phone and was not resisting arrest but projecting his face.
The solicitor contended his client was exercising his freedom of speech and was afraid to let his hands go, or his face would hit the ground, and he would be seriously injured.
However, Judge Fay convicted Keogh, who had 10 previous convictions for public order, motoring, and a minor assault between 1995 and 2004.
Thirteen people were arrested on September 20th over incidents near Government Buildings as the Dáil returned from its summer recess.
