Solidarity Appeal – Protesters threatened with cautions for anti-fees occupation

by Morbeg - FEE Thu Nov 05, 2009 15:54

As things stand, the Gardai have now backed down from their attempts to have us sign legal “adult cautions”, now asking individuals to accept “informal cautions” which are not legally binding and appear to be something made up in the hope of keeping face.

On behalf of the FEE members threatened with these cautions I would like to thank everyone who supported us in our conviction that peaceful direct action is a legitimate form of protest and doesn't warrant arrests or legal proceedings. The threatened cautions, like our original arrests were merely a method of intimidating protesters and stifling any potential anti fees movements from growing, in much the same way as many of us have witnessed the legal mechanisms being manipulated to crush workers’ and students struggles across the globe in the last year, and so must be resisted in every instance where they are applied. Your correspondence with Paul Gogarty and the Lucan Garda station undoubtedly contributed to their backing down in our case. I would like to express my personal gratitude to all of you as well as my solidarity with the similar struggles many of you are facing.

Conall- UCD FEE

by Ken Downes Sat Oct 31, 2009 21:14

I was at a Hallow'een Party tonight for kids and asked one of the parents who is a senior Guard in Tallaght what would canvassing the local Gardai do.

He said that it would probably piss the Gardai in question off big time and make them even less likely to drop charges if there was any discretion involved. And the views of the victim could be overruled in certain circumstances he said.

Regarding who the victim is, you make a fair comment about Gogarty being the legal victim rather than the staff member. But in the report by the University Observer it suggests that he didn't seek to press charges for the alleged use of the computer. Why didn't he do this if he was already pressing charges for the protest?

I think you are incorrect in suggesting that he is the one with the power to press charges rather than the staff at the office who would have had to be the ones giving statements. Surely their statements provided the evidence that led to charges being pressed?

Secondly, wouldn't it be in Gogarty's interests to be 'magnaminous' from his own viewpoint in relation to FEE, given that the Greens seem to have prevented third level fees from being introduced, which student bodies have welcomed. The fact that he hasn't done this already suggests that he is not in a position to do so.

Where does the law stand on this? I think it is legal to barricade an office during a peaceful protest. Is it legal to do so with a staff member in there? Some contributors have suggested that the staff member stayed in voluntarily. If this is the case, well and good. But if at any stage the member of staff was not free to go, because a physical barrier was put up for example, then this could blur the lines legally.

Any advice from someone who knows the laws of the land would be appreciated, because with two days to go the protesters have limited time to get off. I am just afraid that what is going on now will be counterproductive.

by Defend the Right to Protest Sat Oct 31, 2009 19:37

To answer Ken's questions:

1) Does contacting the Gardai directly actually have an influence, or will it be counterproductive to the cause?

Yes. This is a matter in the hands of the Gardai. It is up to them to just drop it. If they understand that there is considerable outrage at this attempt to punish peaceful protesters, it may persuade them to back down.

2) If Gogarty is persuaded to take action, would he be able to put pressure on the Gardai to have the case dropped? Previous reports state he wasn't actually there on the day the protest took place. Surely his pleas would be ignored if this is true? In fairness to him the logic of this legally also means that he would have had no powers to seek a prosecution either.

This is what Gogarty is saying in his stock replies to the protest emails. However, if you read the Garda document on "Adult Cautions", you will see:
"Before the offence and the offender are considered for the application of a caution, the views of any victims must, if reasonably possible, be sought."
In other words, Gogarty does have considerable power to intervene here - and massive pressure should be put on him to make sure he does. (Gogarty is the so-called victim here by the way, see answer to third question)

3) Would the person to ask to have the charges dropped not be the staff member who made the statement to the Gardai in the first place. Why isn't he/she being approached? Can someone clarify as to whether putting a rational argument to the person in question would be legal or not?

No. The adult caution is being threatened under some section of the Public Order Act. Therefore the charge relates to the occupying of the building - not any interaction with the staff member (which the Gardai were ridiculously threatening us with patently untrue kidnapping charges at one stage!) Therefore the "victim" is Gogarty, not the staff member as it's his office. So pressure on him is important.

Pressure is coming on - so much so that Gogarty has set up a stock email response. Keep the pressure up. Phone calls would be particularly effective!

Thanks to all who have contacted them so far!

by Cian Sat Oct 31, 2009 16:12

Paul Gogarty TD most definitely has the ability to stop this.

The alleged offence (democratic and peaceful protest) took place at his office and it is at his behest that this is happening. Gardai rarely follow up these types of cases - they have actual and real crimes to keep them busy and occupied.

The last person I remember doing this was Bertie Ahern some ten years ago who had anti racist campaigners prosecuted for a similar peaceful protest at St Lukes.

Its worth remembering that this is the same Paul Gogarty TD who told anti war protestors blockading the Dail protesting against the war in Iraq to stop their protest, get up off the ground and go home because he wanted to drive his car out. Needless to say he was listened to and the blockade continued.

by Ken Downes Sat Oct 31, 2009 15:38

What is the point of this in the overall scheme of things? Would a media campaign not be better.

1) Does contacting the Gardai directly actually have an influence, or will it be counterproductive to the cause?

2) If Gogarty is persuaded to take action, would he be able to put pressure on the Gardai to have the case dropped? Previous reports state he wasn't actually there on the day the protest took place. Surely his pleas would be ignored if this is true? In fairness to him the logic of this legally also means that he would have had no powers to seek a prosecution either.

3) Would the person to ask to have the charges dropped not be the staff member who made the statement to the Gardai in the first place. Why isn't he/she being approached? Can someone clarify as to whether putting a rational argument to the person in question would be legal or not?

Ken Downes

by Mark C - Contact.ie Sat Oct 31, 2009 14:35

Hi all at FEE,

Well done, again, on this occupation and your continuing tireless work to keep education fee-free in Ireland. I've sent an email to EVERY TD, Senator, and MEP in the country on your behalf.

I hope this small act helps you in some way.

Regards,
Mark C.