Nine people brought before the High Court today for defying an order not to obstruct bin collections have escaped penalty despite being found in contempt of court.
Mr Justice Herbert, presiding, said the case had given him "a great deal of anxiety" and while he accepted that every person has a right to express opposition, it did not entitle them to break the law.
He said the evidence before the court "clearly establishes" the Garda made the nine respondents before him aware of the order forbidding them from obstructing collections.
He said while they were "undoubtedly" in contempt of court, he was not satisfied they were in breach of the order to the extent of the standard of proof required in a criminal case.
Yesterday he made it clear that because the Fingal Co Co application against the protesters could lead to them being jailed, he would be requiring a standard of proof commensurate with a criminal trial. It was pointed out on several occasions during proceedings that this was a civil case.
Counsel for the protesters, Mr Alistair Rutherdale, questioned whether the attachment to the court order preventing the blockade of bin lorries had been properly served when gardaí informed protesters they were in breach of the law.
He also questioned whether Mr Justice O'Neill, who issued an order on the 17th of this month and subsequently made an attachment on the 19th, could make imprisonment a penalty for defiance of the orders.
Mr Justice Herbert did not make a finding but said there was sufficient doubt on the issue to make him wary of imposing a penalty on the respondents.
Earlier today the court was told by gardai that the protesters arrested in West Dublin were repeatedly warned that they were in breach of a court order before being taken into custody.
A total of 12 people were arrested in Clonsilla and Blanchardstown yesterday during anti-bin charges protests. Two were released yesterday after apologising to the court and giving an undertaking not to blockade again.
Mr Justice Herbert also refused to hear the case against Mr Matthew Wayne of 30 Ashford Street, Dublin 7, after his case intially due to be heard in separate proceedings before a different judge.The court was told this morning that two of the nine had to be pulled from under a bin collection lorry after refusing to remove himself.
A number of Garda witnesses also said that protesters in Fortlawn had initially agreed to stop impeding a bin lorry from moving and making collections. However, when the truck proceeded to another part of the estate protesters again stood or walked slowly in front of the truck.
A sit-down protest then ensued, the court was told.
The respondents in the case were: Mr Gerard Murray, Drumheath Drive; Mr John Daniel, Colepark Road, Ballyfermot; Mr Vincent Mannion, Sheepmore Close; Mr Brian McEntee, Huntstown Drive; Ms Tracy Duggan, Westhaven; Mr Stephen Finlay, Beechfield Drive, Littlepace; Ms Gina Ward, Huntstown Wood; Mr Alan Lee, Ashford Street, and Mr Hugh O'Connor, Whitechapel Grove, (all Dublin).