A county councillor on trial for the false imprisonment of former tánaiste Joan Burton told gardaí the right not to be unlawfully detained and the right to protest were balanced quite well on the day of the Jobstown water charges protest in November 2014.
The jury heard details of the arrest, detention and questioning of South Dublin County Councillor Michael Murphy in the early hours of 9 February 2015.
Evidence is continuing in the trial of seven men who are charged with falsely imprisoning the then tánaiste, Joan Burton, and her assistant during the protest in Jobstown on 15 November 2014.
Detective Garda David Connolly told the court Mr Murphy was formally arrested after gardaí approached him as he sat in his car outside his home in Ballyboden.
During his interviews with gardaí Mr Muphy was shown video footage of events in Jobstown on 15 November 2014.
Asked a number of times if that was him in the videos, he replied: "The video speaks for itself."
Asked if Deputy Paul Murphy asking the crowd if they would let Ms Burton go implied that she was not free to leave, he also replied: "The video speaks for itself."
He was also asked why he had banged the bonnet of the garda car containing the tánaiste, Mr Murphy also replied: "The video speaks for itself, the jeep is moving."
Asked who he was speaking to when he said bring her back into the church, Mr Murphy replied: "Who brought her out of the church is the answer, the video is quite clear, there will be no problem explaining it to a judge."
Reminded that Article 40 of the Constitution says no one shall be detained unlawfully and asked if he had upheld the rights of Joan Burton and her aide that day, Mr Murphy replied: "There is also the right to protest. Those videos would suggest that both rights were balanced quite well on the day.
Garda tells court TD Murphy was in charge of Jobstown crowd
A garda witness at the Jobstown false imprisonment trial has insisted that Solidarity TD Paul Murphy was in charge of the crowd during the water charges protest in November 2014 and has denied that video footage showed his evidence was dishonest.
In his evidence, Garda Jonathan Ryan said Ms Burton appeared genuinely distressed and scared during the protest.
He said people were pushing towards the jeep she was in, "trying to get at her" and he said it was dangerous.
He said she was subjected to awful abuse. People were using every kind of swear word imaginable and she was called a c**t, slut and b***h.
Garda Ryan said at one point all sense, logic and control seemed to be lost. He said he helped a woman who was knocked over and was called a "uniformed scumbag", "coward" and a "f*****g disgrace".
He said he heard Paul Murphy holding a vote over whether Joan Burton should be held in Jobstown or allowed to leave.
He said it was a "unanimous" decision to keep her there. He said Mr Murphy appeared very, very pleased with himself and seemed to be enjoying himself immensely. He was smiling and chuckling away, the garda said.
Garda Ryan said one of the accused, Michael Banks, was very aggressive at the An Cosán centre and called him a woman beater and a bully in an effort to make him lose his temper.
Under cross-examination by senior counsel, Sean Guerin, on behalf of Mr Murphy, Garda Ryan said it was difficult to observe everything because he was being shoved and pushed around but he said he was satisfied he had a clear recollection of what happened.
He said he did not hear Councillor Michael Murphy addressing the crowd with a loudspeaker but did hear Paul Murphy. He was questioned about his understanding of the word "unanimous" and he said he believed a majority of the crowd or all of them voted to keep Ms Burton in Jobstown.
During repeated questioning, Garda Ryan said he accepted his account of events was incomplete but said it was not misleading. He said he had given evidence as honestly and truthfully as he could based on what he had seen and heard.
He denied that his evidence was dishonest. Mr Guerin put it to him that he could not recollect details that were favourable to Paul Murphy but instead remembered only details that were unhelpful.
Garda Ryan agreed that he had said Paul Murphy was in control or in charge of the crowd and he said he stood by that.
The court was shown a clip where Paul Murphy suggested slow marching Ms Burton out of the area but the crowd favoured keeping her there. Mr Guerin suggested that this showed Paul Murphy was not in fact in control of the crowd.
Garda Ryan said he was in Jobstown from 1.30pm to 5pm and he did not accept it was adequate to say Paul Murphy was not in control based on a three-minute clip.
He said he was there and had gone through a lot that day. He said he saw Paul Murphy in control of the crowd.
Garda Ryan denied that he was a dishonest witness and said his evidence was truthful.
Garda tells court protester apologised to him
Another garda witness told the trial that one protester apologised to him after he was abused and threatened by a couple of young lads.
Garda John Healy said he was approached by a couple of youths who said they were going to get him and threatened to steal his wedding ring, baton and pepper spray.
Garda Healy said that a woman then approached him to apologise and said "that is not what we are interested in, that is not what we are about".
He also said he was called names including a "rat", "traitor" and "free state bastard" who deserved to die a horrible death.
He said every time someone was hit by something there were cheers from the crowd.
He said the only person he recognised was Solidarity TD Paul Murphy who was holding a loud hailer.
He said he heard Mr Murphy say words to the effect of "will we hold on to her" but he was not aware of Mr Murphy using the loud hailer to communicate an agreement reached with the gardaí to move the protest on in a slow march once the public order was withdrawn.
During cross-examination by defence counsel for Paul Murphy, Garda Healy repeated his claim that Mr Murphy had shown "blatant disregard" for his safety and the safety of his garda colleagues.
Paul Murphy, 34, from Kingswood Heights, Tallaght, Councillor Mick Murphy, 53, from Whitechurch Way, in Ballyboden, Councillor Kieran Mahon, 39, from Bolbrook Grove in Tallaght, Scott Masterson, 34, from Carrigmore Drive, Tallaght, Frank Donaghy, 71, from Alpine Rise, Tallaght, Michael Banks, 46, from Brookview Green, Tallaght, and Ken Purcell, 50, from Kiltalown Green, Tallaght all deny the charges.
