Fresh evidence delays Irish Water obstruction trial

New evidence has delayed the case of a protester believed to be the first person to go on trial for obstructing Irish Water.

Stephen Bennett (44), of Pearse Green, Sallynoggin, Dublin has pleaded not guilty to a charge under the Water Service Act 2007 of obstructing the company from exercising its powers on October 21st, 2014, at Villa Park Gardens, Dublin 7.

His legal team have claimed this is a test case and among the first prosecutions brought under the Water Services Act.

The case is to be dealt with at District Court level, where it can result in a maximum €5,000 fine as well as a possible jail term of up to three months.

Mr Bennett’s lawyers have said the case raises constitutional arguments. The trial was due to get under way on Wednesday.

Additional disclosure

However, defence counsel Karl Monahan told Judge James Faughnan at Dublin District Court that he has received additional disclosure from the State and time was needed to consider that.

He said the prosecution would now have to be asked to provide further documentation.

Mr Monahan explained the case related to an Irish Water protest and it was understood to be the first prosecution under the legislation.

No objection

Tony McGillicuddy BL, prosecuting, said the State had no objection to an adjournment in the circumstances, and a new trial date at the end of November was set.

Judge Faughnan ordered that three hours would be set aside to hear the case, adding that “if it is the first prosecution, there may be teething problems”.

It will be listed for mention in early November to confirm whether witnesses will be available.

Mr Bennett , who did not address the court and was accompanied to the proceedings by a number of supporters, was remanded on continuing bail.