Cherry-picker protestor released

The High Court has ordered the release of a man who was placed in custody this morning following a protest in which a cherry-picker bedecked with anti-government slogans was parked outside the gates of Leinster House.

Mr Justice Michael Peart this evening made an order releasing Joe McNamara (aged 41) from custody after his counsel, Mr Michael O’Higgins SC, successfully argued that he was being unlawfully detained.

Mr McNamara, of Dún na Carraige, Blackrock, Co Galway, was remanded in custody after been charged with dangerous driving at Dublin District Court. He reportedly owes nationalised Anglo Irish Bank €3.5m

He is also on bail for criminal damage charges, after allegedly engaging in a similar protest which involved driving a cement-mixer daubed with the words 'Anglo Toxic Bank' against the gates of the houses of the Oireachtas last September.

The District Court detained Mr McNamara having found him in breach of his original bail conditions, which stipulated that he should not come to the unlawful attention of gardaí during his release.

His solicitor, Mr Cahir O’Higgins, had contended that Mr McNamara’s alleged conduct could be interpreted as a “lawful civil protest” but was told by Judge Patrick McMahon that he was not empowered to make fuller submissions and that the court would not hear him.

This evening at the High Court, Mr Michael O’Higgins SC told the court that Mr McNamara had been engaged in legitimate protest concerning the “burning issues of the day” and requested his release in an uncontested ‘Article 40’ application.

Acceding to the application, Mr Justice Peart remanded Mr McNamara on continuing bail to appear before Dublin District Court next Tuesday, and ordered that costs for the proceedings be awarded to him on terms agreeable to both parties concerned.

Speaking outside the court, Mr Cahir O’Higgins said that his client was “very pleased” with the outcome of the application.

He said that Mr McNamara had not intended to come to the unlawful attention of gardaí, but that on “this blackest of days” for Irish society, he felt the need to make some form of legitimate and legal civil protest.