A judge overseeing Dublin's TV licence prosecutions has said a "contagion" of defendants dodging court forced him to adopt a "draconian" approach by ordering gardaí to arrest the "no shows".
In his opening remarks at Dublin District's Court on Friday, Judge Anthony Halpin added that he wanted Garda Commissioner Drew Harris to prioritise the warrants he issues for those who deliberately evade their cases.
"So if An Garda Síochána turns up at your door and arrests you and brings you to the earliest possible sitting of the District Court, you have only yourself to blame," Judge Halpin warned.
The prosecutions are brought by An Post against TV owners who have not paid their €160 annual television licence fees; a special weekly list hears the capital's cases where the judge has noticed a "dramatic and exceptional" drop and commented that "the patience of the court can be exhausted".
During the summer, Judge Halpin also criticised RTÉ for what he described as elitism, "Godlike personalities", and "freeloaders" while defendants were "crippled with the cost of living".
However, at Friday's TV licence prosecutions list of 150 defendants, about 35 failed to show up, resulting in bench warrants being issued for them.
Until then, the judge usually imposed a €150 fine plus an order for €100 toward prosecution costs to be paid within three months.
On Friday, four people got adjournments to allow them a chance to pay, and the rest had paid their fees ahead of the court appearance and got strike-outs.
Important remarks
But before hearing the cases, the judge said he had to make some important remarks.
"I have on many occasions emphasised the legal fact that all citizens who have a TV or a device capable of capturing terrestrial broadcasts or programmes have a legal obligation to be in possession of an up-to-date and current TV licence."
"That is the law, and the law is the law, and one must have respect for the law, and one must obey the law," he said.
He said Irish courts were firm but invariably courts of "understanding and compassion exhibiting an appreciation of the predicament and plight of those who appear before them."
"Thus," he said, "in exercising their jurisdiction, the courts act in a measured manner, finely balancing the rights of the prosecutor, the offender and the victim in seeking to achieve a fair and just outcome."
He said people demonstrating a genuine and honest intention to buy the licence or who have taken steps like buying TV licence stamps, even if they were somewhat short of the quota or have set up a direct debit with An Post, would get a little more time to be fully compliant.
"But the patience of the court can be exhausted by those who refuse to buy the licence and seemingly try to justify same so as to ease their conscience," he said.
Those who come before his court and wilfully and deliberately remain in violation of the law and continue to use a TV without having a licence "shall be convicted and fined".
"Little consideration or credence will be paid to these habitual defaulters, for they have been cautioned", he said.
"The dramatic and exceptional fall off in renewal subscriptions has not escaped anyone's attention."
He said that in the past, anyone who failed to turn up usually received a fine in their absence, "but given the contagion and the septicity of the present state of play, I am obligated to depart from that routine and adopt a rather draconian process."
"In respect of all 'No shows,' i.e. those who fail to turn up without a valid excuse, I will issue a bench warrant for the arrest of that person."
Judge Halpin said he was directing the Courts Service to contact the Garda Commissioner and request him to prioritise executing these bench warrants "as a matter of urgency".
"So if An Garda Síochána turns up at your door and arrests you and brings you to the earliest possible sitting of the District Court, you have only yourself to blame. It is not my preferred choice in proceeding in this manner, but the sudden and unprecedented surge in renewal defaulters is so profound that I have little option to do otherwise."
