High Court, in answering case stated appeal from the District Court, arising from public order offences allegedly committed by Irish water protesters standing on the road immediately in front of a truck in Dun Laoghaire, finds that the District judge was correct in law in holding that there was inadequate evidence that each of the defendants was acting without lawful authority or reasonable excuse, but Garda Sergeant's belief that the defendants were committing an offence under the relevant legislation was a reasonable opinion, and the defendants would have their case reverted to the District Court on one charge.
Criminal law – case stated appeal from District Court – s. 52(1) of the Courts (Supplemental Provisions) Act 1961 – offences contrary to s. 24(3), s. 9 and s. 8 of the Criminal Justice (Public Order) Act 1994 – Irish water protesters – number of people standing on the road immediately in front of the truck – public order – offence of wilful obstruction of traffic – absence of lawful authority or reasonable excuse – was the District judge correct in law and holding that there was inadequate evidence that each of the defendants was acting without lawful authority or reasonable excuse – section 8 of the Criminal Justice (Public Order) Act, 1994 – there was no evidence of any kind to suggest that the defendants were obstructing traffic without lawful authority or reasonable excuse – legitimate opinion or suspicion to ground an arrest – Sergeant Gilmore’s opinion of his belief that the accused were committing an offence under s. 9 was a reasonable opinion – given by Sergeant Gilmore and his subsequent arrest of the three accused under s. 8 of the Criminal Justice (Public Order) Act 1994 is reasonable and lawful – remaining charge reverted back to District Court – case stated answered.