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Jobstown trial hears from garda witness

The seven defendants in the Jobstown case
The seven defendants in the Jobstown case

A garda witness at the Jobstown false imprisonment trial has disagreed that a county councillor used his influence to try to calm down aggression and volatility during the water charges protest in November 2014.

Garda Fionnula Whelan said Councillor Michael Murphy was more concerned about bad publicity than anyone's safety.

She was giving evidence in the trial of Michael Murphy and six others who are charged with falsely imprisoning the then-tánaiste Joan Burton and her assistant during a water charges protest in November 2014.

His defence counsel said that as a councillor for the Tallaght area he would have had some clout or influence.

He said the garda had already said in evidence that those present had appeared to follow his lead and obey his directions.

Senior Counsel Raymond Comyn said Mr Murphy was very concerned when people became too volatile, aggressive or abusive and tried to stop them.

Garda Whelan replied that Mr Murphy did so "because he was concerned about negative publicity, he did not show concern for anyone's safety."

Mr Comyn put it to the witness that Michael Murphy was trying to calm down and tone down the aggression. Garda Whelan said "what he said was they did not want negative publicity."

She said Mr Murphy had "added to the hostilities by taunting the tánaiste and riling up the crowd".

She did not agree that he used his influence to reduce the abrasiveness adding: " He could have done a lot more if he really wanted to help."

She said Mr Murphy had not suggested to the crowd that they let the two women go free.

The jury was also shown video footage in which Mr Murphy can be heard telling protesters he was suggesting they let Ms Burton go after 20 minutes and that "there is potential for argy bargy and that is not what we came for".

The garda also said she believes Mr Murphy's comment about giving Joan Burton sanctuary in a church was a threat to her safety rather than a suggestion to gardaí.

The jury was shown video footage during which Michael Murphy can be heard to say: "Bring her back to the church if you want. You can give her sanctuary in the church if that's what she wants.

"Take her out of the car and put her back in the church. Give her sanctuary in the church it's the only place she'll be safe."

Garda Whelan said: "It was my understanding by saying it's the only place she will be safe, meant she would not be safe outside the church."

Mr Comyn asked Gda Whelan how she could call that a taunt or a direct threat when he was making a suggestion to gardaí.

Garda Whelan said she did not believe it was a suggestion to gardaí. "He was taunting the tánaiste and playing to the crowd," she said.

She agreed she had not viewed video footage of exactly what Michael Murphy had said before she made her statement.

She said her statement was meant to be her recollection of events and not a synopsis of video footage. The footage was to be used as an aid to exhibits in the trial, she said.

During cross examination by Senior Counsel Michael O'Higgins she agreed that she had viewed some footage before she made her statement.

However, she said she had facilitated other people to view the footage but would not have looked at all of the footage herself.

She denied that her statement was heavily influenced by video footage, as suggested by Mr O'Higgins.

Mr O'Higgins said her statement relied heavily on CCTV and her earlier answer in this regard was "grossly misleading".

He said there were 17 mentions in her statement referencing video footage and stills.

She denied her answers were misleading and said she had viewed the footage for the purpose of identifying the people she spoke about in her statement. 

Mr O'Higgins asked if she relied on the footage for identification, why would she not also use it to confirm what she was saying in her statement was true and accurate.

Garda Whelan repeated that she made her statement from her recollection of events.

Mr O’Higgins put it to Garda Whelan that gardaí had a unique role as investigators and were obliged to seek out all relevant material whether it pointed to someone's guilt or innocence. Garda Whelan said she was aware of that.

She also agreed with Mr O’Higgins that if a complex matter has to be investigated, all aspects have to be investigated for that investigation to be fair.

A detective garda who was at the scene said he had to maintain a safe distance from the crowd because he was carrying a firearm and had to be conscious that it could be taken from him in a crowd.

Detective Garda Richard Hansen described seeing Solidarity TD Paul Murphy speaking on a megaphone, chanting and beckoning people forward.

He also saw him stand and sit in front of the vehicle carrying Ms Burton.

During cross-examination he accepted he had forgotten to mention in his direct evidence that Paul Murphy had proposed a slow march to the N81.

Defence Counsel Seán Guerin asked how could he forget such an important piece of information, that Paul Murphy was proposing a slow march and not false imprisonment of the tánaiste.

Det Hansen also said the crowd had surged forward at one point and it was like a "Hillsborough-type" situation.

He said Paul Murphy may not have created the surge on his own but he did not help the situation by sitting in front of the jeep.

He said "The gardaí have a duty to protect all people, this was our deputy prime minster and she was being protected by us."

Mr Guerin said it took nearly 30 years for police to accept responsibility for Hillsborough it may be some time before gardaí accept responsibility for this.

Mr Guerin said gardaí had blocked the gate with the jeep, which had caused the situation, as people tried to get through the confined space.

His cross-examination continues tomorrow.

All seven defendants have pleaded not guilty to falsely imprisoning Ms Burton and her adviser, Karen O'Connell in Jobstown in Dublin on 15 November, 2014.

The defendants are Councillor Michael Murphy, who is 53 and from Whitechurch Way in Ballyboden in Dublin, Solidarity TD, Paul Murphy, 34, and from Kingswood Heights in Tallaght, Councillor, Kieran Mahon, 39, from Bolbrook Grove in Tallaght, 34-year-old Scott Masterson, from Carrigmore Drive in Tallaght, 71-year-old Frank Donaghy from Alpine Rise in Tallaght, 46-year-old Michael Banks from Brookview Green in Tallaght and 50-year-old Ken Purcell from Kiltalown Green also in Tallaght.