Businessman fined €1,500 after climbing oil tanker during Whitegate fuel protest

Court hears protester spent more than an hour atop tanker during blockade at Whitegate Refinery

Standoff between gardai and protesters at Whitegate as protesters prevent a fuel tanker from entering the Irving Oil refinery. Picture: Larry Cummins

A 51-year-old businessman who pleaded guilty to causing an obstruction by climbing on top of an oil tanker at Whitegate Refinery in Co Cork during the fuel protests has received a two-month suspended prison sentence and a €1,500 fine.

Midleton District Court heard that Ivor Sweeney spent one hour and 15 minutes on top of a tanker on April 10 this year.

Defence solicitor Wayne O’Sullivan said that Sweeney, of Coolbawn Lodge, Ballick Road, Midleton, was remorseful for his actions.

Sweeney pleaded guilty to an offence on April 10 at Main Street, Whitegate, where he allowed a mechanically propelled vehicle to remain in place for such a period as to cause, or be likely to cause, an obstruction to traffic.

The offence was contrary to Section 98 of the Road Traffic Act 1961 and Section 102 of the Road Traffic Act 1961, as amended by the Road Traffic Act 2006.

Court presenter Sgt Majella O’Sullivan said Gardaí were in attendance at a blockade of Whitegate Refinery on April 10.

Sgt O’Sullivan said that two trained Garda negotiators were called in to deal with the situation.

She said Sweeney climbed on top of the tanker in order to cause a traffic obstruction.

She said he failed to alight from the vehicle and described the offence as being at the “most serious end of the scale”.

The sergeant said it was an “extraordinary emergency event”.

Mr Sweeney, who has no previous convictions, was arrested at 5.05pm on April 10.

Mr O’Sullivan said his client was at the protest with his “neighbours, friends and colleagues” and that there were “hundreds” of people in attendance.

Judge Colm Roberts said the protest started as “people venting concerns” and then “turned into something else”.

Judge Roberts said Sweeney failed to comply with directions given by An Garda Síochána.

He said it was difficult to understand how a man in his 50s with no previous convictions could go from being a “peaceful protestor to a criminal offender”.

He said he was not going down the line of “minimising” what had occurred.

Mr O’Sullivan said his client wanted to thank Gardaí for their kindness after he developed hypothermia from being on top of the tanker for more than an hour.

He appealed for leniency and said his client travelled internationally for his IT work.

He added that his client was “willing to do anything to put things right”.

Ivor Sweeney told the court he went to Whitegate to exercise his right to democratic protest.

He said he was there solely as a citizen and decided to climb on top of the tanker because “negotiations had broken down with the Government in Dublin”.

He said he felt “threatened” when the Public Order Unit arrived.

“I didn’t think violence being put on us was necessary. I didn’t want my friends and neighbours injured.”

Judge Roberts said that, given nobody stopped Sweeney from leaving, he could not categorise himself as being threatened.

Mr Sweeney replied that it “looked inevitable” that there was going to be violence.

“I wanted to stop that and put an end to the confrontation,” The Judge asked Sweeney if he had any concept of private property and he acknowledged that he had.

Mr Sweeney said that, in hindsight, his actions were a mistake.

The judge said Sweeney was a rational adult who knew the consequences of his actions.

Judge Roberts said Sweeney could have shown a “good example” and demonstrated “leadership” on the day by leaving the protest.

“I do think that that he (Sweeney) is remorseful to some extent. He is aware of the consequences now.”

Judge Roberts imposed a two-month prison sentence, suspended for 18 months, and fined Mr Sweeney €1,500.