Anti-immigrant activist Philip Dwyer appeals conviction for trespass at Clare Ipas centre
Prominent anti-immigrant activist, Philip Dwyer is appealing the conviction for trespass imposed on him at a then new direct provision centre for International Protection (IP) applicants at Magowna House in 2023.
'Citizen Journalist' Mr Dwyer is appealing the conviction and €500 fine for the trespass offence on May 18th, 2023 at Magowna House imposed at Ennis District Court in March.
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At Ennis Circuit Court today, State Solicitor for Clare, Aisling Casey said that the appeal will require a full hearing and would take two hours.
Counsel for Mr Dwyer said that it would take significantly less than two hours and Judge Francis Comerford fixed July 7th for hearing at Ennis Circuit Court.
Imposing the penalty at the district court, Judge Alec Gabbett said that words used by Mr Dwyer to others on the grounds at Magowna House were 'unkind' and "quite unseemly" on the date.
Judge Gabbett said that Mr Dwyer had told a Ukrainian man at the Magowna House site "'you are Ukrainian - you are in my country' or words to that effect and 'you can't tell me what to do in my country' isn't particularly pleasant to watch'.
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Mr Dwyer (56) of Tallaght Cross West, Tallaght, Dublin 24 had denied the trespass charge and presented video footage of his interactions at Magowna House as part of his case and Judge Gabbett said that the footage was instead helpful to the State's prosecution against Mr Dwyer.
The court was told at the time, there were protests at Magowna House where 29 International Protection applicants were being accommodated and there were blockades on local roads which were attracting media attention.
Evidence
In evidence heard previously at the district court, Manager of Magowna House, Ahlam Salman told the court that Mr Dwyer was on the property on May 18th recording 'making me and my staff feel afraid and unsafe'.
Judge Gabbett said that Mr Dwyer's footage corroborated the State's evidence of Ms Salman's fear on the day.
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Judge Gabbett said that Magowna House was no longer operating as a hotel and was private property.
In the footage shown in court, Mr Dwyer could be heard saying 'These are all foreign people telling me what I can't do in my own country'.
Mr Dwyer can be seen addressing 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.'
He asks later: 'What is your problem? You are not in Ukraine, this is my country…What are you hiding? I am just asking questions on behalf of the people of Ireland…. The people in this country are very concerned about this.'
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Footage
After seeing some men believed to be IP applicants staying at the centre, Mr Dwyer asks: 'Why are these people covering their faces….This is Ireland. This is my country."
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He says later: 'The people of Ireland you can see what is happening in their country - stopping Irish men going they lawful business to do journalism.'
The footage later shows Mr Dwyer saying: 'Philip Dwyer is my name. I am a Citizen Journalist. You are in Ireland now.'
Prior to Judge Gabbett imposing sentence, counsel for Mr Dwyer, Ann Doyle BL said her client does not accept the verdict of the court and had instructions not to give a very detailed plea in mitigation.
Ms Doyle said: "Mr Dwyer is someone who I believe is a person of integrity. He is a citizen journalist and he had no intention of creating a breach of the peace or invoking fear in anyone."
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