A Dublin Bus driver and political activist, who denies being part of an “anti-immigration patrol” and was arrested after failing to comply with a Garda instruction to leave the area of Parnell Square, has been ordered to pay €300.
Dublin District Court heard how father of three, and former National Party election candidate Stephen Redmond (38) was arrested on Parnell Sq. East on the 27th of February last after Garda Sergeant David J. Molton said the accused was taking part in the “anti-immigrant patrol” which he was targeting “people believed to be illegal immigrants” in the capital.
Mr. Redmond, who polled 1,209 votes for the National Party in Dublin North West at the last general election, strongly denied that he was taking part in the so-called patrol, claiming that he was in town with his friend who has cerebral palsy, that he was only “near” the group who were “in front” of him, and that he made it clear to Gardaí that he was waiting for the number 40 bus home.
Sergeant Molton gave evidence that the accused was part of a “large” group of 15 men who had gathered near North Earl Street and were behaving in a “threatening” manner while “looking aggressive”.
He did not accept Mr. Redmond’s claim that he was in no way “associated with the group”, telling Judge Michele Finan, “If you saw them you would be in no doubt” as to their motivations for being on the streets on that occasion.
Molton claimed that he told the group twice to move on from the area, and that his third and fourth instruction was directed towards Redmond who only began to comply after his details were demanded.
He said Redmond, “Chose not to comply with my direction,” and that he initiated arrest after this.
The court heard that Redmond was arrested outside the Rotunda Hospital where he “grabbed” onto the railings with one hand while keeping his other hand in his pocket, with Molton saying he was “clearly holding an object”.
Sergeant Molton said it was “simply not the case” that Mr. Redmond had “endeavoured” to leave the area.
While Redmond claimed that both his hands were in his pockets “the whole time” and that he only grabbed the railings to “steady” himself after he claimed Sergeant Molton pushed him. He also claims that during his arrest he was struck several times in the head, although he doesn’t know what he was hit with.
Sergeant Molton said this also was “simply not true”.
Redmond claimed that he kept his other hand in his pocket because his phone was in it, and he was in fear of it falling out and being smashed, which he said did eventually transpire.
Mr. Redmond’s defending counsel, Barry Lysaght BL, asked Sergeant Molton if he was wearing a Garda body cam at the time. He answered that he was, but that he hadn’t got it switched on.
Addressing Judge Finan he said, “I’ll be honest with you, it’s a new piece of equipment for me and I hadn’t switched it on.”
Mr. Lysaght suggested that it may have been “best practice to turn on the camera” if there was concern over the potential of a “large public order incident”.
Sergeant Molton retorted that he was “not required to activate it” but that he now wishes he had.
A second Garda who assisted Sergeant Molton, Garda Steven McGrath of Store Street told the court that on the day in question he was driving in the patrol van with his colleague who had alighted and gone to address the group of men who were suspected of loitering on O’Connell Street.
He said that he did not witness Mr. Redmond being instructed to leave the area, but that he had rushed to help Sergeant Molton when he became aware that he was initiating an arrest. He too neglected to switch on his body cam saying his “primary concern” was to “assist my colleague for his safety and the safety of the public.”
“I didn’t think to turn it on,” he added.
He said that he couldn’t give evidence as to whether Mr. Redmond had been pushed or not because his hand was already on the railing when he arrived at the scene. He said it “took some effort to take his [other] hand out of his pocket”.
Accused enters the witness stand
Mr. Redmond entered the witness stand, telling the court that he was on his way to the KFC near the Ilac Centre when he was approached by Sergeant Molton.
He said that the group of men thought to have been engaged in the “patrol” were “in front” of him.
“I was shoved,” he said, adding that his name “was demanded”.
“The whole time this went on, my two hands were in my pockets,” he said.
He claimed that he had complied with the first instruction to move on but was waiting for the bus at the Parnell Sq. West stop.
He said he was concerned at the time for his friend because of his condition, saying this friend had become “upset”, and that he himself was wearing a “neck warmer” up to his chin because it was a cold night.
Sergeant Molton cross-examines the accused
Sergeant Molton asked Mr. Redmond if he had ever been at “anti-immigration protests” before, to which the accused answered that he had been to some of the large ones which he said are “happening all over the country.”
Asked if he was “aware” of the “patrol” on that day, he said he was not.
Sergeant Molton’s next question, “What is your position in relation to immigration?” was met with an objection from Mr. Lysaght which the court accepted.
Lysaght argued that the threshold of “reasonable doubt” had not been met in respect of the State’s evidence against his client.
Judge Finan agreed that there was a “very high standard” of evidence needed to convict as set out in the case of DPP vs Cronin, adding “I don’t have a doubt” in respect of the breaches of Section 19 and 24 of the Public Order Act in respect of the accused.
Hearing that Mr. Redmond, who Mr. Lysaght, described as “a working man” has no previous convictions, she ordered him to pay €300 to Saint Vincent DePaul or face a fine of €500 euro on the Section 19 offence.
“I want the money on the next day without question,” she said, addressing Sergeant Molton to “commend” him for his work.
“You do a very difficult job in a professional and measured way,” she said, adding that the court is “grateful to you”.