An activist with a group called "Grass Roots Gathering" avoided a criminal conviction yesterday, after agreeing to pay €750 to charity arising out of his involvement in the May Day disturbance in Dublin two years ago.
Barry O'Donovan (33), High Street, Kilkenny, denied breach of the peace when he was arrested during an anti-EU accession treaty protest on the Navan Road in 2004.
Video evidence played in Dublin District Court showed him at the front of the protest as riot police were deployed, although he was not part of the group which attempted to break through Garda lines.
He said he was engaged in a peaceful political protest and, when he was arrested, he was in retreat and simply trying to protect other peaceful protesters from the advancing riot squad.
Judge Bridget Reilly found he was reckless as to whether a breach of the peace was caused.
She accepted he was not one of the militants "who behaved reprehensibly" but he should have removed himself from the scene once ordered to by gardaí.
The judge initially said she would impose a prison sentence of three days and make it retrospective for the time spent in custody. However, after a plea from the defence to leave him without a criminal conviction, she agreed to accept a donation to charity.
Mr O'Donovan said he would give up to €1,000 as long as it did not go to the Garda Benevolent Fund. The judge said if he donated €750 to Aware, she would dismiss the charge.