The Government has firmly ruled out a public inquiry in the Jobstown prosecutions, demanded yesterday by Solidarity TDs, including Paul Murphy, who was acquitted on charges of false imprisonment.
The calls came as senior legal sources said the Director of Public Prosecutions (DPP) was unable to charge Mr Murphy and the other Jobstown protesters with more minor offences because the Garda investigation was not completed within the six-month statute of limitations.
Solidarity TDs made the call for an inquiry, alleging a Garda “stitch-up” had led to the prosecutions being brought against Mr Murphy and other party activists.
The Solidarity TDs made a number of allegations about Garda evidence in the case, with Mr Murphy claiming gardaí had given a “litany of false, inaccurate statements” in the trial.
He also claimed at a press conference in Dublin that a “conspiracy” had taken place. “The questions I’d like to know is at what level was that decided on?” he asked.
But Minister for Justice Charlie Flanagan told The Irish Times there were no grounds for an inquiry. "This case has now concluded and a verdict reached by the court. Both the courts and the DPP are independent in the exercise of their functions. I do not see any grounds for a public inquiry," he said.
False imprisonment
Mr Murphy and five others had faced charges of the false imprisonment of former tánaiste Joan Burton and her then assistant, Karen O'Connell, during a water charges protest on November 15th, 2014, on the Fortunestown Road, Jobstown, Tallaght, Dublin, but were found not guilty on Thursday.
Several Government sources also ruled out any chance of an inquiry, though a number of Ministers were privately critical of the manner in which the prosecutions were brought. Some expressed frustration that the prosecutions for serious charges of false imprisonment, which carries a potential life sentence, were brought for what they saw as public order offences.
It is understood the director’s office had intended to bring public order charges against the seven accused but the statue of limitations had expired by the time the Garda investigation was completed.
Arrested
The seven accused were first arrested in February 2015, four months after the protests. They did not appear in court to face charges until November 2015.
It is understood the DPP commissioned a legal opinion from a barrister on the topic of whether charges of false imprisonment could be brought. This barrister responded that such charges would stand up in court.
There was widespread concern in legal circles yesterday that Mr Murphy and his co-accused were “overcharged” by the DPP. False imprisonment charges are usually brought in tandem with other trials such a robbery or rape offences.
In a statement, a Garda spokesman said: "On foot of a complaint to An Garda Síochána an investigation was commenced. Following its completion a file was forwarded to the Director of Public Prosecutions who directed that individuals be charged. These individuals were subject to a trial. It would not be appropriate to comment on the outcome of a court case."
Sinn Féin justice spokesman Jonathan O’Brien called for an inquiry “that would examine how this trial came about and why these charges were brought in the first instance”.
