Judge upholds anti-immigration activist Philip Dwyer's conviction over trespassing
At Ennis Circuit Court on Monday, Judge Francis Comerford upheld the district court conviction imposed on Dwyer, a prominent anti-immigrant activist, for trespassing at Magowna House on May 18th, 2023.
Described in court by his counsel Anne Doyle BL as a citizen journalist, Dwyer (56) of Tallaght Cross West, Tallaght, Dublin 24 was appealing the district court trespass conviction imposed in March. Judge Comerford also affirmed the district court fine of €500.
Dwyer told the court he was at Magowna House to ask questions as a journalist.
READ MORE
The judge said Dwyer 'might be entitled to make inquiries and go to someone's door, but he went well beyond it here. I have to doubt about that'.
At the time, there were protests at Magowna House, where 29 IP applicants were being accommodated and there were blockades on local roads, which were attracting media attention.
Judge Comerford said a group of people came to seek refuge 'and were brought by the State to a relatively isolated, rural location where they were alone and away from a lot of resources and facilities'.
'And in effect, they were besieged in the premises they were brought to. It was made absolutely clear to them that they weren't welcome.'
He said there were 30 or 40 people protesting their presence.
Judge Comerford said the big difference between Dwyer and the protesters outside was that he came inside the property whereas the others did not.
Judge Comerford said he accepted the evidence of the Magowna House manager at the time, Ahlam Salman, who said Dwyer's presence on the property made her feel 'afraid'.
Video footage made by Dwyer was played to the court where he can be heard saying that he has arrived at a 'people trafficking centre'.
In the footage,Dwyer can be heard saying 'These are all foreign people telling me what I can't do in my own country'.
He addressed a Ukrainian man wearing a fluorescent jacket asking 'Do you think Irish people are stupid? Do you think we are all idiots? I wouldn't blame you to be honest with you.'
After seeing some men, believed to be IP applicants, staying at the centre, Dwyer asks: 'Why are these people covering their faces . . . This is Ireland. This is my country.'
Counsel for the State, Sarah Jane Comerford BL said to Dwyer that his words 'had a menacing undertone'. .
In response, Dwyer said: 'I wasn't menacing to anybody.'
He said: 'I 100 per cent stand over those comments. We all have to respect one another. I tried to be respectful when I went in there.'
He said: 'I was treated very badly. I was treated with hostility … I felt quite intimidated as well. That is part of the job."
'I have thousands of viewers, sometimes hundreds of thousands.'
Counsel for Dwyer, Anne Doyle BL, said she was not instructed by her client not to enter any mitigation concerning penalty. She said this was because 'my client stands by his actions',
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Times
40 minutes ago
- Irish Times
Can Katie Taylor's former boxing club in Bray shake off its murder-scene stigma?
Olympic boxing coach Pete Taylor has claimed Wicklow County Council (WCC) removed all his belongings and equipment from Bray Boxing Club, materials which he values at €200,000, and has called the continued closure of the club a 'disgrace'. WCC, meanwhile, said it will be looking for expressions of interest this month from sports clubs wishing to lease the building. Included in his belongings, said Taylor, are personal Olympics memorabilia including tracksuits and his participation medal for the London Olympic Games in 2012, where he coached his daughter Katie to Ireland's first women's Olympic boxing gold medal. [ Katie Taylor's once home boxing gym in Bray is now lying sad and lonesome Opens in new window ] The building, on Bray seafront beside the harbour, has been closed since a fatal attack on June 5th, 2018, when a gunman entered the club during an early morning exercise class and opened fire. 'In 2018, a tragic criminal act occurred at the club, and I want to acknowledge the tragic loss of Bobby Messett,' said Taylor, who was also seriously injured in the attack. 'While I was recovering in hospital, Wicklow County Council changed the locks on the gym without notice and we were never given access again.' Victims of the shooting included Messett, who was killed, Taylor, and Ian Britton, who was shot in the leg. Gerard Cervi was found guilty of the murder by a unanimous verdict in 2023. The 36-year-old was sentenced to life in prison. No definitive motive was ever established for the murder of the 50-year-old father of three. Pete Taylor leaving the Central Criminal Court in 2021 after he gave evidence in the trial of Gerard Cervi for the murder of Bobby Messett at Bray Boxing Club in June 2018. Photograph: Collins Courts Since the incident, the doors of the boxing club have remained closed. 'What happened to this club and what continues to happen is more than a local dispute. It is a national disgrace,' said Taylor. 'A public-funded facility, awarded for Olympic achievement, has been taken from the very people who built it. 'Our contribution has been erased, our property seized and our questions ignored.' In an email, WCC declined to comment on the status of the boxing club, or whether boxing equipment has been removed from the premises and placed in a lock-up, as Taylor alleges. 'The building is in the ownership and control of Wicklow County Council and is currently unoccupied. Wicklow County Council District is inviting expressions of interest from any sports clubs who wish to lease the above facility for sporting purposes only,' WCC said in a statement. Bray Boxing Club was officially opened on January 28th, 2014, by the then minister of state for sport Michael Ring, and was grant-assisted by the Department of Transport, Tourism and Sport and Bray Town Council. The club was upgraded following controversy after Katie's gold medal win in London, when it became common knowledge that the club had no toilet facilities for women, who were facilitated in the nearby Harbour Bar. Bray Boxing Club, Bray, Co Wicklow. Photograph Nick Bradshaw/The Irish Times Work got under way at the club in the summer of 2013, with a second storey and extensions added. Bray Town Council secured €190,000 in funding from the Department of Transport, Tourism and Sport to fund the project, and invested €100,000 from its own resources. 'Expressions of interest will only be accepted from fully constituted, not-for-profit sports clubs playing sports that are recognised by the Irish Sports Council, and which are located in the Bray Municipal District area,' said the WCC's statement. 'Expression of interest along with further supporting documentation must be submitted to Bray Municipal District Offices, Civic Offices, Main Street, Bray, Co Wicklow, by 4pm on Friday 18th July, 2025.' Depending on the outcome of the expressions of interest, it is possible that the gym that once housed Katie Taylor may no longer be a boxing club. Now based in the US, she is a five-time amateur world champion, six-time European champion and, since turning professional after the Rio Olympic Games in 2016, a world champion at two different weights. She has lived in Connecticut since turning professional. She fights Amanda Serrano at Madison Square Garden on Friday night, topping an all-female bill at the famous New York venue. Adam Nolan, another Bray Boxing Club member who competed in the London 2012 games, was also coached by Pete Taylor. 'This is not about blame,' said Taylor. 'It is about truth and respect for what was built – not just for medals but the lives it changed.'
Irish Times
an hour ago
- Irish Times
Palestinian challenges Garda over decision not to investigate claim Israeli settlers are renting cabins on his land
A Palestinian man who lives in the West Bank has taken an action against the Garda Commissioner for refusing to investigate a complaint alleging that Israeli settlers barred him from his land and used it to build cabins, which were then advertised for rent on an Irish-registered website. The court ordered that the applicant cannot be named after he claimed his life would be under threat from the Israel Defense Forces (IDF). He is joined in the application by Palestinian rights group Sadaka, The Ireland Palestine Alliance Limited against the commissioner of An Garda Síochána . The applicants allege that the actions of the Irish-registered website in allowing the property to be booked constitute a crime. The initial complaint to gardaí in August 2024 alleged the website was 'an accessory to the crime of transfer, accessory to the crime of appropriation and money laundering'. The applicants seek a High Court order quashing an alleged February 2025 decision by gardaí not to proceed with an investigation into the matter. In papers lodged to the court by lawyers for the two applicants, it is claimed the cabins located in the Occupied Territories on land owned by the man were still being advertised online for rent as of May 2025. READ MORE In a sworn statement, Gerry Liston, a solicitor at KOD Lyons representing the applicants, claims he booked a stay at one of the cabins and printed off the website booking as evidence. It is claimed by the applicants that in the late 1990s the man was barred from accessing his lands by the IDF, and that this situation still exists. Papers lodged to the High Court claim that his inability to access the lands led to decay across various areas, a trend that persisted until 2004 when Israeli settlers began construction on the land. It is claimed the pace of construction increased in 2009 when two cabins were erected and advertised as rental properties online. This, the applicants claim, led to 'settlers profiting from the illegal construction on privately owned Palestinian land' without the consent of the applicant. In November 2024, gardaí wrote to the applicants saying an assessment of the complaint had taken place and that 'following careful consideration, it has been determined there are no offences disclosed within this jurisdiction and therefore a criminal investigation is not warranted'. Last February, gardaí responded to follow-up correspondence saying the matter was closed but that 'the information, however, has been recorded for intelligence purposes by the Garda National Economic Crime Bureau'. [ 'Groundbreaking' case over Airbnb lettings in West Bank will set precedent for Irish companies, says Senator Opens in new window ] A replying letter to gardaí from the plaintiffs said the suggestion that there was no evidence of a crime having been committed in Ireland was 'not a sound basis upon which to decline to investigate' and submitted that gardaí had made an error in law. It is submitted the three allegations could be investigated under Section 3 of the Geneva Convention, Section 7, of the International Criminal Court Act and also under Ireland's Money Laundering and Terrorist Financing Act. The applicants claim material submitted to gardaí 'clearly demonstrates offences which were committed in Ireland'. They accept there are 'practical limitations' on gathering evidence outside of the jurisdiction, but add: 'The gardaí are not limited to gathering evidence of offences in Ireland and can gather evidence in Ireland relating to offences committed abroad prosecutable in Ireland'. At the High Court this week, James B Dwyer SC, for the plaintiffs, applied to Ms Justice Marguerite Bolger to have the man anonymised. In his affidavit outlining why the man should be anonymised, Mr Liston submitted that should his client be identified he 'would be in danger from the Israeli authorities'. 'The danger ranges from harassment, to physical harm and even death,' he states. Ms Justice Bolger anonymised the man, adjourned the matter to October and said the Garda Commissioner should be put on notice.
Irish Times
an hour ago
- Irish Times
Taoiseach turned tables on the Opposition when they least expected it with moment of clarity
Danger here! It can be all too easy to have a little slip and fall – a minor trip-up out of the blue – and then everything blows up, the claims start flying and life becomes much more difficult than it should be. Take the Minister for Further and Higher Education, James Lawless , who was bowling along merrily on the lunchtime news last Sunday week when he responded to a question about third-level fees. He said they will definitely go up by €1,000 this year, although the Budget will probably mitigate the worst of the increase but he couldn't promise anything because 'it's a matter for the finance ministers more so than myself, but, you know, that is what's coming'. Or the Minister for Housing before that, talking on radio about setting up a dedicated Housing Activation brigade and unexpectedly naming the lavishly remunerated housing tsar he wants to lead it – much to the surprise of the coalition partners he failed to inform. READ MORE The candid on-air musings of James Browne , the Minister for Gaffs, landed the Government in hot water for weeks. But in a rare outbreak of good fortune for Browne, Lawless's forthright radio performance has taken the unwelcome spotlight off his department for the past couple of weeks. The cost of these trips and slips is borne by the Government, drawing heavy Opposition fire and undermining public confidence in its work. It can't afford mishaps and mixed messages on the highly contentious housing crisis. It can do without people being upset over fears of major hikes in undergraduate fees. And there was every possibility of a triple whammy of unfortunate incidents this week. Given the Coalition's flair for walking itself into trouble and then explaining itself into further bother, the Opposition will have been looking forward to ending the first session of the 34th Dáil with a chance to monster Micheál Martin again over another subject close to the heart of the voting public: high insurance costs and the compo-claims culture. This one has been simmering since the Judicial Council proposed increasing personal injury awards by almost 17 per cent. The committee of judges has to review award guidelines every three years and their latest benchmark was adjusted in line with inflation. [ Student fee increase an 'additional strain' for those with multiple children in college Opens in new window ] However, the new compo levels must be approved by the Oireachtas before they can be legally applied. Minister for Justice Jim O'Callaghan, who is a senior counsel, was charged with bringing forward the proposals delivered by the judges of Ireland. The new award levels were immediately denounced by business and consumer groups as a major payday for lawyers that would force up insurance premiums for everyone else. It had been widely expected that Big Jim would bring forward the new guidelines to be rubber-stamped in the Dáil. But nothing much was happening on that front. Some suspected the Government might lash them through out of embarrassment at the last minute before the summer recess. [ Mary Lou seemed to have an extra pep to her step. Was that a Statement Jacket? Opens in new window ] As with the fees situation and, God help us, the housing crisis, this proposal to increase the size of injury awards is not straightforward. A Supreme Court judgment is involved for starters. The judges can decide to pump up the guidelines to any level they wish, but the Dáil and Seanad must give them the green light first. Even if they were only factoring in inflation, deputies would be hearing complaints on the doorsteps. What government would want to claim the credit for actively pushing through legislation to give even bigger court awards to people with interesting personal injury claims, shockingly entertaining as the newspaper accounts of some of them might be? What government would go out of its way to pass a law that would jack up people's insurance premiums? Fair play to Jim O'Callaghan. At least he didn't end up on the radio trying to explain the legislation or go down a blind alley defending insurance companies or regretfully warn cheesed off householders to expect a hike in their premiums. By Wednesday, when it was still expected that the Government would eventually recommend the increases, the Taoiseach astounded the Dáil by responding to questions about them with, with . . . with clarity? It was a bit of a shocker, really. It looked like Cian O'Callaghan , acting leader of the Social Democrats, was on a winner when he began by asking: 'Taoiseach, what is the Government at when it comes to personal injury awards?' We've been hearing for weeks now about the Minister bringing the judges' proposal for a 17 per cent increase before cabinet, said Cian. First it was reported that he wanted to nod it through and a memo would go to Cabinet last week. Then it was going to come up yesterday, only it didn't. Now, it's apparently coming up next week. 'Can you tell us what is going on?' An increase of this magnitude would be 'absolutely disastrous' said the TD for Dublin Bay North. 'The fact that the Government is even considering this is reckless.' He was pushing an open door here. With a fair wind and the usual waffling, the Opposition would have all next week to follow him through it. Awards here are already much higher than in other countries and more than four times greater than in the UK. And now we hear the Government wants to jack them up even further? Just think of the knock-on effect this will have on insurance premiums and on households, small businesses, community groups, voluntary groups, sporting organisations . . .' People are already struggling to make ends meet. Reduce the size of awards, don't increase them, urged Cian. 'Government dithering is causing huge concern.' Given that none of its members have been able to say for the past two weeks whether students will face a €2,000 or €3,000 contribution fee in September, it is understandable that Cian didn't sound too optimistic when pleading with the Taoiseach 'to level with us and give a straight answer' on personal injury awards. Still, game to the end, he asked Micheál to give 'a commitment' that they will not be increased. The Taoiseach launched into a long, convoluted reply. There was much emphasis on the Supreme Court ruling — 'four to three majority ruling, which was tight'— and his belief in the separation of powers and 'absolute' resolve to observe it. On and on until the very end when he talked about bringing 'a bit of realism and clarity' to the debate. That raised some wry smiles among the Opposition— it was a bit rich hearing that from Micheál. He thinks there is a need for a review of the Judicial Council Act 2019 and Big Jim is going to do it. 'But the Minister will also bring a memo to Government which will lay the guidelines before the Houses. But he won't be bringing a resolution seeking their approval,' said Micheál. He paused for effect so the import of what he had just said would sink in. Sounding only mildly triumphant, he added: 'So don't believe everything in the newspapers.' Oh. A proper answer. That wasn't in the script. It usually isn't. The acting Soc Dem leader rose to reply. 'So, I – I'm – the – Taoiseach is clarifying that there won't be an increase of 17 per cent. You're giving that commitment to the Dáil; you will not be putting forward an increase of 17 per cent. 'So I welcome that, I welcome that if that's the case, Taoiseach. Awards here are four times higher than in the UK so that would be a regressive move, so if you're not doing that, that is welcome . . .' The wind was gone from Cian's sails. Micheál was quietly content. And Big Jim would not be adding to the Government's embarrassment of glitches.
