Cement mixer protester found not guilty

A property developer was found not guilty today of criminal damage and dangerous driving charges in connection with an incident in which a concrete mixer truck was driven at the gates of Leinster House last September.

On September 29 last, a cement lorry, with the words “Toxic Bank” and “Anglo” in red letters painted on its sides, had been driven towards the gates of Leinster House.

Minor damages were caused to the gateway's paintwork, which cost €35 to fix.

Joe McNamara (aged 41), of Dun na Carraige, Blackrock, Co Galway, who owed Anglo Irish Bank €7.5m, was charged at Dublin District Court.

The court had heard he was exercising his rights to express opinions and he pleaded not guilty to dangerous driving, criminal damage to the gates of Leinster House, not having a certificate of road worthiness, and failing to produce a driving licence.

At his hearing today Garda Thomas O'Malley told Judge Ann Watkin that he had been stationed in a kiosk beside the gates of Leinster House when a cement mixer truck come onto Kildare Street from Molesworth Street.

Mr McNamara “collided with the gates of Leinster House” and then climbed through a sun roof on top of the truck. Garda O'Malley said he feared that the defendant would start pouring cement at the entrance to Leinster House or on to Kildare Street.

The truck, which Mr McNamara drove from Galway, was locked and access to it was gained by smashing a window.

Garda O'Malley said that Mr McNamara had a hurley in his hand which he intended to use to hit tennis balls, which he forgot to bring, “into the Dáil”.

“He instructed me not to come near the top of the lorry,” the garda said.

When he was brought down he told the garda the brakes had been cut and “we were unable to move the truck”.

On arrest he said “my name does not matter the truck belongs to Anglo bank I am returning it to them take away the keys”.

In interviews with gardaí Mr McNamara said that he had been protesting, did not intend to cause damage and “I don't do violence”.

He also told gardaí that he tried to stop the truck but it “coasted for a split second and hit it.”

The court heard that at the time he owed Anglo Irish Bank €7.5m and he was “pissed off”.

CCTV evidence was shown by the prosecution but defence counsel Mr Keith Spencer (instructed by solicitor Cahir O’Higgins) said better footage was available on the internet and had been shown on television news that night.

A mechanic, who towed the truck after the incident, said its brake lines had been cut and the vehicle would not have been able to travel far as a result.

Later in the case, Garda Michael Treacy a qualified motor engineer, who inspected the cement mixer, agreed with the defence in cross examination that this could have been caused by a chain that had been tied to the drum of the truck.

He and other State witnesses also said that they had not seen any chain.

The defence submitted that Mr McNamara had run a chain from the truck's drum to the brake pipes which caused them to be severed.

The State argued that Mr McNamara had a case to answer on the criminal damage and dangerous driving because he had recklessly used a defective vehicle.

Dismissing the criminal damage and dangerous driving charges, Judge Watkin said that she had a doubt as to when the vehicle had been rendered defective.

She also found him not guilty of the remaining charges saying Garda witnesses did not make notes that they cautioned Mr McNamara to produce his licence and certificate of road worthiness.

Joe McNamara was not called to give evidence today as the case was dismissed by the judge before his lawyers opened their defence. After the case ended, the property developer said he was happy with the outcome.

“Since day dot this was not about publicity, it was to make a protest that is it,” he said.

He also said that while at the time he owed €7.5m to Anglo Irish Bank that “debt has reduced a hell of a lot since”.

Solicitor Cahir O'Higgins took on the job of representing Mr McNamara for free. “A friend of Joe's is a barrister in Galway and advised him to get in contact with me.”

“We were going to do it under the legal aid scheme however Joe made a point that he was protesting against the profligacy of the State in what he saw as expenditure of public money to save banks.”

“In that context he felt it unfair to apply for legal aid, I decided to carry on with the case,” he added.

Artist Joanne Donohoe, a graduate of Wexford College of Art, was present for the case to give her support and at the courthouse presented Joe McNamara with a painting of him in his truck.

After the case she said: “Having seen the protest of TV I decided to do a portrait and exhibit it.”

She added that she was delighted to have the chance to give it to him today.