Judge's 'political statements' slammed

Dublin Campaign Against the Bin Tax

Date: 26th July 2004

Press Release:

The Dublin Campaign Against the Bin Tax has slammed as 'overtly political'
the statements of a District Court judge hearing a case against a Dublin
City Council employee who pleaded guilty to dangerous driving, involving
running over a protestor during pickets on a Council depot last October.

This morning John Clegg, from Ballymun, pleaded guilty to the offence and
offered monetary compensation to Joe Mooney, the secretary of the
Campaign Against the Bin Tax, whom he had hit with his truck and dragged
40 yards along the road.

In a shock development the judge hearing the case, David Anderson,
unanimously reduced the charge from 'dangerous' to 'careless' driving and
said he believed Mr Mooney had jumped in front of the lorry. Justice Hamilton's
statements shocked even the Gardai and Clegg's legal team, both of whom
seemed content with the guilty plea as a reasonable outcome. The defendant
was fined just 200 euro.

Joe Mooney, the victim in the incident, said:
"This case is a blatant example of a Judge using the court room to express
his own political view, namely his opposition to the community campaign
against bin charges. The defendant had pleaded guilty, it was the Judge's
role to sentence him, not to personally take it on himself to alter charges
or attack the character of witnesses, such as myself, who would not have
the opportunity to reply in court. There are numerous witnesses, and video
evidence, to show that Mr Clegg drove at speed through a peaceful protest,
broke red lights and left the scene of an accident. There was no disputing
of these facts in court."

Mr Mooney continued:
"This was always a political case, the Judge's statements only confirm this.
Mr Clegg was on trial, but the real blame lies with politicians and unelected
officials in the City Council. They passed this massively unpopular law
and left the City Council workers in the front line to deal with the
consequences, trying to force them to refuse to collect bins. The Trade Union
officials also refused to actively support either the community protests or their
own members. The majority of bin workers opposed the tax, the trade union
leadership refused to adopt a principled stand."

He concluded:
"Mr Clegg offered me money to compensate which I refused in court. I did
not come to court for a cheque, but for justice. If his conscience demands
he make a contribution I would ask he sends it to a worthy charity."