No criminal record for protest teen

The former social protection minister had been at a graduation ceremony at An Cosán adult education centre when a water protest took place outside. She and her advisor told the court earlier that they were too frightened to get out of Garda cars surrounded by people shouting abuse, throwing missiles, and banging on windows. One protester shouted they hoped Ms Burton would die, the trial was told.

The boy’s legal team had asked Judge John King to dismiss the charges. His barrister, Giollaíosa Ó Lideadha, said that this was a right-to-protest case. He had also contended that the prosecution was “unprecedented” and a “recipe for totalitarianism” and that there was an agreement with gardaí that protesters would march ahead of a car carrying the two women.

Following the four days of hearing evidence and legal arguments, the boy was found guilty yesterday by Judge King, who held it was “indisputable” that the former Labour leader and her advisor were detained against their will, and he said the boy was present throughout. He said all the elements of common design were laid out and he was satisfied that the offence as charged had been proven beyond reasonable doubt and he was entitled to convict.

“The first thing I would say is that this was an atrocious series of events,” he said. “It is a terrible offence. However, it is noted that the accused was not acting in isolation and was in the presence of many adults who should have known better and he may have been influenced to some extent by those adults.”

Judge King also said the teenager was an “active participant” in blockades around the Garda cars carrying Ms Burton and her advisor.

The youth appeared shocked at the verdict and the judge allowed a break before proceeding to finalise the case. Det Garda Paul Smith told the court that neither Ms Burton or Ms O’Connell wanted to provide victim impact statements. Det Smith agreed Ms Burton had said she “did not have any desire for any young person to go to jail in respect of the charges before the court”.

The trial judge was furnished with a booklet of testimonials about the boy, who has no prior criminal convictions and who was accompanied to court by his parents. He also noted the teenager has recently had a series of medical problems which remain undiagnosed and they may have been related to the stress he was under.

Judge King complimented the boy on his realisation of the necessity for social justice and he noted his previous good record, as well as work he has done in his community and for charities — including helping the homeless, for which he has received awards. He said he was imposing the conditional discharge, sparing him a possible sentence and leaving him with a clean record.

The judge said the boy had a loud hailer and video evidence showed him shouting “shame, shame, shame on you” when he was at the back of the car. He noted footage at various stages showed him in confrontation “or at least animated conversation with gardaí”. He said the “most damning” evidence came from Garda Sergeant Michael Phelan who said that, at the church, a female shouted and the boy ran to the protesters and they surrounded the unmarked Garda car.

The teenager was warned that the ruling was made on condition he does not reoffend in the next nine months.