A convicted criminal has become the first person to be jailed in a landmark case for online posts which risked identifying asylum seekers in Ireland.
Paul Nolan, 36, of Mount Eagle Square, Leopardstown in Dublin, stood outside the IPAS centre at St John's House, High Street, Tallaght, on 22 and 26 August 2024 and questioned teenage boys, a young woman, and three middle-aged men who were staying at the facility.
Nolan goaded applicants, saying, "In Ireland, you have no right to privacy", and posted videos of his interactions on his YouTube channel.
The four clips revealed their faces and were captioned: "Time to document these people ourselves", "These men are so aggressive, if you're fleeing war, take your aggression there", "Cheeky fella these economic welfare scammers", "I know what I'd do if Ireland went to war, pick up a weapon and fight".
Nolan, a father-of-three, questioned a man who said he was from Gaza about why he was here and not fighting in his own country.
One clip featured a recording of The Irish Rover by The Pogues and The Dubliners, while showing some applicants heading back into the building; it also had a banner saying "Face's [sic] we are after".
The community employment scheme worker pleaded not guilty at Dublin District Court to engaging in threatening, insulting and abusive words or behaviour, under the Public Order Act.
International protection applicants have the legal right to anonymity.
He also denied four counts under Section 26 of the International Protection Act 2015, which states that, without the consent, it is an offence to publish in a written publication available to the public or broadcast, or cause to be so published or broadcast, information likely to lead members of the public to identify a person as an applicant.
'Tissue of lies, wrapped in a shroud of pseudo-citizen journalism’
Judge John Hughes noted that this was the first time a prosecution had been brought for this offence, which is punishable by a 12-month sentence.
He was given a ten-month sentence but had the final three months suspended on condition that he stays under supervised probation, completes an anger management counselling course, and remains away from IPAS facilities for two years.
The videos must also be taken down if that has not been done already.
"A disgraceful, glorious display of rudeness, hyena-like behaviour, and ignorance of the people involved"
His videos featured three middle-aged men, including one whose teenage sons, both minors, had been filmed and questioned by Nolan, along with another 15-year-old boy and his 22-year-old sister.
Judge Hughes described his conduct as repeated, premeditated and targeted.
He slated the accused, saying he used, "a tissue of lies, wrapped in a shroud of pseudo-citizen journalism."
Sentencing, he brandished his conduct as "A disgraceful, glorious display of rudeness, hyena-like behaviour, and ignorance of the people involved.
Nolan attempted to convince the court that, in his role as an untrained citizen journalist, he had learned about a demonstration outside the building and went to investigate for his YouTube channel.
He knew the building had previously been used by Revenue, and undocumented, unvetted men of military age had moved in; however, he maintained that he was unaware it was an IPAS centre.
He claimed that he learned from a comment by Taoiseach Micheál Martin and from RTÉ news that 80% of asylum seekers were economic migrants.
Witnesses from Palestine and Jordan gave evidence.
The father of two boys filmed by the accused said his sons were aged 14 and 17 at the time.
Video evidence showed one of them was threatened by Nolan, who said he would break his nose because the teen had elbowed him out of his way.
He told an applicant approaching the centre: "I already got your face, no need to put your hand up", and mimicked their accents and narrated his videos once, saying, "These are dangerous people we have walking the streets of Tallaght".
Nolan already had 47 prior convictions, including public order charges, 19 for drug offences and he had also been jailed previously for six months for dangerous driving.
Cross-examined by prosecution counsel Oisín Clark BL, he claimed he still did not know what the building was when he returned to the centre days later to continue filming people.
Mr Clarke, in his closing speech, described Nolan's version as "garbled, self-serving, and he contradicted himself", and the barrister added that the accused had no credibility.
The defence pleaded with the court to acquit because it could not be established that anyone in the centre risked being identified; however, the judge held that the evidence was sufficient to convict.
Garda Inspector Nigel McInaw headed the investigation, which led to the examination of phone videos and bank records that linked the accused to the YouTube account.
Detective David Sheahan identified Nolan from CCTV evidence.
