Judge upholds anti-immigration activist Philip Dwyer's conviction over trespassing
At Ennis Circuit Court on Monday, Judge Francis Comerford upheld the district court conviction imposed on Dwyer, a prominent anti-immigrant activist, for trespassing at Magowna House on May 18th, 2023.
Described in court by his counsel Anne Doyle BL as a citizen journalist, Dwyer (56) of Tallaght Cross West, Tallaght, Dublin 24 was appealing the district court trespass conviction imposed in March. Judge Comerford also affirmed the district court fine of €500.
Dwyer told the court he was at Magowna House to ask questions as a journalist.
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The judge said Dwyer 'might be entitled to make inquiries and go to someone's door, but he went well beyond it here. I have to doubt about that'.
At the time, there were protests at Magowna House, where 29 IP applicants were being accommodated and there were blockades on local roads, which were attracting media attention.
Judge Comerford said a group of people came to seek refuge 'and were brought by the State to a relatively isolated, rural location where they were alone and away from a lot of resources and facilities'.
'And in effect, they were besieged in the premises they were brought to. It was made absolutely clear to them that they weren't welcome.'
He said there were 30 or 40 people protesting their presence.
Judge Comerford said the big difference between Dwyer and the protesters outside was that he came inside the property whereas the others did not.
Judge Comerford said he accepted the evidence of the Magowna House manager at the time, Ahlam Salman, who said Dwyer's presence on the property made her feel 'afraid'.
Video footage made by Dwyer was played to the court where he can be heard saying that he has arrived at a 'people trafficking centre'.
In the footage,Dwyer can be heard saying 'These are all foreign people telling me what I can't do in my own country'.
He addressed a Ukrainian man wearing a fluorescent jacket asking 'Do you think Irish people are stupid? Do you think we are all idiots? I wouldn't blame you to be honest with you.'
After seeing some men, believed to be IP applicants, staying at the centre, Dwyer asks: 'Why are these people covering their faces . . . This is Ireland. This is my country.'
Counsel for the State, Sarah Jane Comerford BL said to Dwyer that his words 'had a menacing undertone'. .
In response, Dwyer said: 'I wasn't menacing to anybody.'
He said: 'I 100 per cent stand over those comments. We all have to respect one another. I tried to be respectful when I went in there.'
He said: 'I was treated very badly. I was treated with hostility … I felt quite intimidated as well. That is part of the job."
'I have thousands of viewers, sometimes hundreds of thousands.'
Counsel for Dwyer, Anne Doyle BL, said she was not instructed by her client not to enter any mitigation concerning penalty. She said this was because 'my client stands by his actions',
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