Case against animal rights demonstrators dismissed

dublin | animal rights | feature

Friday August 14, 2009 10:03

by Colin Ashey

Garda B16 does not know a "document" when he serves it

Garda Paul Tallon, B16, Harcourt Station

At a hearing in Dublin District Court today, Judge McMahon dismissed the case against two animal rights activists arrested outside Barnardo’s fur shop on Lower Grafton Street in Dublin on 22 May this year.

Robert Sevik was charged under section 24 of the Public Order Act (refusing to give his name and address), and Edmond Long was charged under section 19 of the same act (obstruction of a peace officer).

Proceedings were instituted by Garda Paul Tallon, B16, of Harcourt Street station. The two men defended themselves. Seán Ryan acted as a McKenzie friend to both co-defendants.

The case was first adjourned to another court to permit viewing of video evidence, but the defendants promptly brought a motion for dismissal, arguing that Garda Tallon had broken District Court rules by delivering video evidence to them in person. Order 10 states: "A member of the Garda Síochána shall not serve a document in any proceedings in which such member is the person instituting the proceedings."

Garda Tallon responded that ”it was a video recording, not a document” - apparently unaware that a video recording may also be a legal document.

Mr. Long had taken the video recording in question on the day of the demonstration and Garda Tallon had confiscated it from him under the Criminal Law Act.

Garda Tallon said that he had subsequently met Mr. Sevik at his home and had given him the video recording, as per a court order of 27 July. Mr. Sevik had initially refused to acknowledge him but recorded him with a video recorder. Garda Tallon had then asked Mr. Sevik to call Mr. Long to take receipt of the confiscated video recording. He did not do so. Garda Tallon had left the video with Mr. Sevik.

Mr. Sevik complained that Garda Tallon had refused to step back out of the doorway when requested.

The judge asked Mr. Sevik why he should object to the garda's behaviour. "Is this not just obstruction?" he asked.

"I don't trust this man," replied Mr. Sevik. "I think that this case is a fabrication."

The judge asked Mr. Sevik what motion he was making. Dismissal.

And what motion was Mr. Long making, if the recording had not been served to him? Also dismissal, as he lived at the same address.

Having checked the rule book, the judge advised Garda Tallon: "There's clearly a flaw in the matter."

Garda Tallon then admitted that he was not aware of the rule and requested a short remand to seek advice from the State Solicitor.

Judge McMahon refused, saying that the rule was quite clear.

”Rules are rules. Dismissed both matters.”

Mr. Long faces charges under the Public Order Act again on 14 September, having been arrested by Garda Tallon at a demonstration in the same place on 20 June.

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Comments (11 of 11)

Barnado's Fur shop

by 9th grade

Wed Aug 12, 2009 23:58

Excellent outcome - great news.

The fur shop should be closed down and the garda should be penalised for wasting everyone's time.

Ignorance of the law is no excuse

by Seán Ryan

Thu Aug 13, 2009 11:42

Sergeant Paul Tallon - B16

Every Saturday

by Ed

Thu Aug 13, 2009 12:32

Every Saturday from 4.30pm there's a protest outside Barnardos Furriers, lower Grafton street at the Molly Mollone statue.

Congrats

by Madam K

Thu Aug 13, 2009 12:42

Congrats Ed and Robert on outcome,and well prepared defence .
And Sean Ryan thanks for your continued advise and support .Your a gem.

Well done to all.

by James Kelly

Thu Aug 13, 2009 16:37

Bravo ! Well done to all. Especially to Sean Ryan, (Sorry Sean, I forgot how to put the fada in your name). Sean was a solid activist against the poster ban in Dublin three years ago, coming up from his mountain home down the country, at a time when the legal opinion from the Council's Law Agent, was, that their writ ran and no posters would appear on lamposts in any part of the city. If people wanted to communicate about meetings or events they could "email or text" others about events that were happening, but they were not going to go near "Council property" with any posters according to the Law Agent. Thanks to Sean and some others in Dublin that is no longer the case.

Since then, as is exemplified by the crackdown on animal rights activists, the authorities are back to having a busy time chasing down citizens, who are exercising their constitutional and ECHR rights to freedom of expression and assembly. It is well past the time that a campaign was mounted to push this back, well done again in this court case.

The old union slogan applies : An injury to one is the concern of all.

Well Done

by ARAN - Animal Rights Action Network (ARAN)

Thu Aug 13, 2009 18:38

Ed and Robert - well done for standing your ground and knowing your rights. Continue on with the good work your doing to highlight Ireland's disgusting fur trade.

FUR is the real crime here.Well done. lets keep fighting fur.

by Bernie Wright - Alliance for animal rights AFAR.

Fri Aug 14, 2009 10:36

berniew at esatclear dot ie

well done. justice is now served. Unfortunately, the law dosent spend as much time, energy and money protecting the animals who are skinned and anally electrocuted for fur coats instead!

On the Beat

by Sgt Baton

Sat Aug 15, 2009 20:38

Video clip of same Garda.

http://www.rte.ie/news/2004/0702/6news/6news56_4a.smil

More info

Thu Sep 03, 2009 17:54

http://www.vegaplanet.org/?p=591

Great stuff

by Catlady

Wed Sep 09, 2009 23:33

Well done to you both!

ALF