Judge refuses to let anti-refugee activist Graham Carey back on social media while on bail

It is alleged that on January 30, Mr Carey distributed, showed, or played a recording of visual images or sounds to stir up hatred

Legal aid was granted to Graham Carey today after Judge Jones noted that there was no Garda objection. Photo: Collins Courts

A judge has rejected a plea by an anti-refugee activist charged with "incitement to hatred" to be allowed back on social media.

Following an investigation by the Garda Special Detective Unit (SDU), Graham Carey, 39, of Dunsink Drive, Finglas, Dublin, was charged in February with an offence under section two of the Prohibition of Incitement to Hatred Act.

It is alleged that on January 30, at a place unknown within the State, he distributed, showed, or played a recording of visual images or sounds to stir up hatred. He was granted bail on February 3 with a list of conditions, including a ban on using social media and an order to stay away from all refugee centres.

The out of work truck driver faced his third hearing when he appeared before Judge Gerard Jones at Blanchardstown District Court on Friday. His case was listed for directions from the Director of Public Prosecutions, which will set out if the matter should remain in the District Court or go forward to the Circuit Court, which has broader sentencing powers.

SDU Detective Sergeant Eamon Hoey sought another four weeks, and Judge Jones noted from defence counsel Ciaran MacLoughlin that the accused consented.

Bail terms

Mr MacLoughlin then applied for a variation of two of his client's bail terms. Counsel said that he had to sign on at a Garda station every Tuesday and Saturday, making it difficult for him to find work. Detective Sergeant Hoey agreed to that term being reduced and changed to Sundays only; however, he objected to the second application.

The barrister said the order stating Mr Carey could not use social media save for work seemed an "incredibly onerous condition". He understood there was a garda concern that it could be used for nefarious purposes, but contended that the law could take care of that.

Mr MacLoughlin said it was tantamount to a person accused of shoplifting not being allowed to go shopping; he submitted that it was "a step too far" because social media was an intricate part of life. Judge Jones noted from Detective Sergeant Hoey that the allegation related to online postings, on social media. 

The officer agreed to him having it for work purposes only. Mr MacLoughlin argued that his client could be charged if he posted anything illegal, and nevertheless, he should be allowed to use social media. However, the judge held the condition "absolutely must continue", adding, "except for work only".

Legal aid was granted to Mr Carey today after Judge Jones noted that there was no Garda objection. Mr Carey, who did not address the court, has still to indicate a plea and was remanded on continuing bail to appear again on July 14.

At his first hearing in February, Detective Sergeant Hoey said Mr Carey's reply to the charge was: "In hindsight, it won't be happening again; I will be taking a different approach going forward".

His bond was set at €200, and he was also ordered to reside at his address, not apply for travel documents, and obey a 9pm to 7am curfew. He must not organise or participate in gatherings and protests in person or online or post or record videos on any social media platform.

He was originally barred from social media by Judge Michele Finan, then presiding, who had said it was a "complex issue"; people can have various different accounts, and it would be simpler if he were barred from social media. She had invited the defence to address her if that was a breach of his civil liberties, but at that stage, Mr Carey consented.

He was also ordered to provide gardaí with a contact number for his new phone and was warned that it "is to be a button phone". The bail terms also included an order "to stay away from all centres and locations housing refugees".