A protester who claimed to be using his right to free speech when he called gardaí “scumbags” and interfered with an arrest at a contentious demonstration outside the Dáil has been spared jail.
Father of five Philip Keogh (45) Griffith Park, Finglas, faced Public Order Act charges for threatening, abusive and insulting behaviour and obstructing gardaí on September 20th at Molesworth Street.
About 200 protesters held a rally outside Leinster House as the Dáil resumed following the summer recess, leading to several arrests.
Mr Keogh, a grandfather out of work due to disability, denied the charges and faced a hearing at Dublin District Court.
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Judge Susan Fay convicted him and fined him €350, which must be paid within four months.
Garda Sean Murphy told the court that he had been on duty outside Leinster House at about 9.55am. Protesters were at the Molesworth Street – Kildare Street junction. He said his colleagues attempted to arrest another man, and one officer was trying to put him into the back of a patrol vehicle.
Garda Murphy alleged Keogh intervened and “called him and other gardaí scumbags and was making various threats and shouting at the top of his voice”.
He said Keogh walked toward them and interfered with the arrest by placing himself between gardaí and the arrested man.
Garda Murphy immediately approached and pulled Keogh back to remove him from the situation.
He said at this point, Keogh “lashed out”.
In cross-examination, defence solicitor Donal Quigley put it to the garda that his client had been retrieving a phone from the arrested man, Darryl McMahon, to let his family know about his arrest.
“That may be so, but he did interfere with the arrest,” replied Garda Murphy. The garda also agreed there was a right to protest but in a peaceful manner, “not by breaching public order”.
Mr Quigley suggested his client was not in breach of public order but simply directing annoyance about his friend’s arrest. The garda replied that Keogh was threatening and calling them scumbags.
A witness recorded the scene with her mobile phone, and the footage was shown in court. She said Keogh reached in for the phone and was manhandled.
The accused took the stand and said his friend had been arrested for no reason. He denied lashing out at gardaí.
Keogh said that after being pulled back from his friend, he felt a garda’s elbow on his back and tried to protect his face from being slammed into the ground.
Questioned about calling gardaí scumbags, he accepted he used the word but said: “Have you heard of something called freedom of speech?”
Judge Fay convicted Keogh, who has ten prior convictions for public order, motoring, and a minor assault between 1995 and 2004.
Darryl McMahon (48) of Charlestown Park, Finglas, is accused of threatening, abusive and insulting behaviour on September 20th at Molesworth Street and failing to comply with a garda’s direction to leave the vicinity.
He denies the charges, and Judge Fay told him his hearing would take place in January.
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