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Jobstown jury told video evidence should be paramount

Six men face charges over the alleged false imprisonment of former tánaiste Joan Burton and her adviser in November 2014
Six men face charges over the alleged false imprisonment of former tánaiste Joan Burton and her adviser in November 2014

The jury in the Jobstown false imprisonment trial is set to resume deliberations tomorrow after deliberating for a time this afternoon.

Solidarity TD Paul Murphy and six other men deny the false imprisonment of former tánaiste Joan Burton and her adviser at a water charges protest in November 2014.

Jury deliberations were suspended on Monday for further legal submissions and resumed this afternoon after further instructions from the trial judge.

This morning Judge Melanie Greally made additional remarks to the jury, during which she said none of the accused had given evidence in their own defence.

She said this was their right and the jury should not draw any adverse inferences from this.

She also said the video footage should be the primary source of evidence for the jury to consider.

"That is not to say that it is not possible for certain events not to have been captured by video footage but it must be regarded by you as the primary and most reliable source."

Video footage had at times contradicted witness testimony and was not subject to the "frailties of human memory," she said.

In her charge on Monday the judge told the jury one of the key issues to be decided was whether or not the protest at Jobstown was peaceful.

This morning she said a decision by the jury that the protest was not peaceful did not decide the question of guilt or innocence but was relevant in context only.

The jury would have to consider if each of the accused by their actions participated in the total restraint of Ms Burton and Ms O’Connell and if so, had they done this intentionally.

She said the prosecution accepted that if the jury found the women had not been totally restrained in the first garda car then the prosecution case "fell at the first hurdle".

The jury would have to consider the actions of each of the accused, she said.

While she had told the jury to consider what the defence had identified as two possible means or routes of egress for the two women that day, the judge said the jury could also consider a third possibility - if moving down the Fortunestown Road, albeit slowly, could also have been considered to be a means of egress.

The judge also said the jury would have to assess if the absence of statements from others present that day was relevant to the suggestion made by the defence that gardaí had an agenda in relation to the accused, particularly Paul Murphy.