Bin charge opponents pledge to continue campaign

Amid whoops and cheers from their supporters, the "Blanchardstown Nine" marched out of the Four Courts yesterday pledging to …

Amid whoops and cheers from their supporters, the "Blanchardstown Nine" marched out of the Four Courts yesterday pledging to continue their campaign against the "unjust" bin charges. Joe Humphreys reports.

"I will be out with my placard again tomorrow," said Mr Gerry Murray, who was arrested last Monday after climbing under the front of a Fingal County Council refuse collection lorry.

"We have been kicked around for too long. In Dublin 15 there are no shops, no doctors, no post offices, and Fingal have the cheek to charge us for refuse.

"Next thing we'll be paying €100 a house for street lighting."

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Other protesters were more cautious about committing themselves to further demonstrations.

But all remained steadfast behind the campaign.

"I have a job to go to. Other than that I would be back out again," said Ms Tracy Duggan who, like the others, had packed an overnight bag for an expected trip to Mountjoy Prison.

"One thing's for sure, I won't be paying any bin tax," she added.

Yesterday's verdict was greeted in court by a standing ovation and roars of approval - so boisterous that they prompted an apology from Mr Alistair Rutherdale, counsel for the respondents.

Mr Justice Herbert was forgiving, however. "It's a people's court," he replied.

It was a strange ending to a strange trial - a trial which had given the judge himself a "great deal of anxiety".

No evidence was given by the respondents, only legal argument from their counsel. This, at the end of a lengthy prosecution case, taking several hours and involving more than half a dozen witnesses.

Queries were raised about whether the original order prohibiting the obstruction of refuse collections - the same order on which Socialist Party TD Mr Joe Higgins and party counsellor Ms Clare Daly were convicted - was fully in order.

Mr Rutherdale said he did not think it a "good order".

"You may be right," Mr Justice Herbert replied.

In the end, the nine respondents were found to have acted contrary "to what the court said" previously. But a doubt remained as to whether each protester knew exactly what the order entailed.

At one point raising the possibility of issuing a suspended fine against each, Mr Justice Herbert - after a five-minutes silent deliberation in court - found for the respondents.

Fingal County Council stressed the ruling would not change its policy of declining to collect refuse from bin-charge defaulters. Instead, its director of services for environment, Mr Gilbert Power, said it would make "extra efforts" to ensure people were aware of the order in future.

"The reality is the injunction still stands, and it is still a matter for the gardaí to bring people before the court if they are found to be in breach of the order," he added.

In contrast, the Fingal Anti-Bin Tax Campaign was treating the ruling as nothing less than a victory.

"What the council had tried to do was fast-track the arresting of people. But this ruling means you can't sweep people up off the streets without notice," said campaign spokeswoman Ms Ruth Coppinger.

"I think people will take heart from today. Fingal's powers have been challenged now by two separate judges."

Certainly, Mr Murray had taken heart from the ruling, which he said could form part of "Bertie's Waterloo".

"The Taoiseach shouldn't forget," he remarked, "it was the poll tax which brought down Margaret Thatcher."