This article is from page 20 of the 2014-06-03 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 20 JPG
A WELL-KNOWN peace activist is seeking legal costs against the Director of Public Prosecutions (DPP) after the State failed in a criminal prosecution against him.
A charge against Edward Horgan (68) of failing to obey the direction of a garda to leave the vicinity of Shannon Airport was dismissed at Ennis District Court on Tuesday.
Judge Mary Larkin dismissed the charge against the retired Irish Army commandant and prominent anti-war campaigner following an application from Mr Horgan’s barrister, Brian McInerney.
Mr Horgan, with an address at Charnwood, Newtown, Castletroy, Limerick, and his co-accused Tim Hourigan (38), with an address at Cedar Court, Kennedy Park, Limerick, both denied a charge of failing to obey the direction of a garda to leave the vicinity of Shannon Airport on October 13, 2013.
The charge alleged the men were loitering without lawful authority or reasonable excuse in a public place in circumstances, which gave rise to reasonable apprehension for the safety of persons or for the maintenance of the public peace.
However Counsel for Mr Horgan applied to have the charge dismissed on the grounds that the direction given by Garda Thomas Downey of Shannon Garda Station in a car park on the day in question was “vague in the extreme”.
Garda Downey encountered the two men in a car park near Shannon Airport that was closed to the public, the court heard. He told the court he had gone there after receiving information that two people were in the car park. Garda Downey said he asked the men to leave the area. However Mr Horgan and Mr Hourigan said that when they enquired what area they had to leave, Garda Downey told them “Rineanna South”.
Counsel said this was a “colossal area”. In his application, Mr McInerney said, his client did not know the area from which he had to leave and that failure to comply with a direction that was “vague and imprecise” is not a criminal act.
He said no civilians were present during the brief exchange so a breach of the peace could not have occurred.
Mr Hourigan, who represented himself in court, also applied for a direction from the Judge.
Judge Larkin dismissed the charge against both men, saying there could not have been a reasonable apprehension for the safety of persons or the maintenance of the public peace.
Mr McInerney said he was compelled to seek costs against the DPP. He said he had advised the Gardaí beforehand of the issue existing in the case but the DPP had still decided to proceed with the prosecution.
Judge Mary Larkin said, “I have never been in a court where the court has made an order for costs against the DPP.”
She adjourned the matter to July 16 for submissions from Counsel.