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Trial of garda accused of assaulting RTÉ cameraman hears protestors became 'extremely aggressive'

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The trial has started of a garda charged with the assault of an RTÉ cameraman who was reporting on demonstrations by an “anti-Islamisation” group and “anti-racism” groups.

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Sean Lucey has pleaded not guilty to one count of assault causing harm to Colm Hand at Cathedral Street, Dublin city centre on February 6, 2016.

Mr Lucey, with an address in south Dublin, also pleaded not guilty to damaging a camera on the same date.

Opening the trial at Dublin Circuit Criminal Court today, Fiona McGowan BL, prosecuting, told the jury of seven women and five men that on the day in question gardaí were on notice of a rally by an organisation called Pegida.

The jury heard that Pegida is an organisation which “promotes and supports the protection of the national identities” and is against what it “perceives as the excessive Islamisation” of European countries.

Ms McGowan said that gardaí were also on notice of a counter-rally organised by the “anti-racism network in Ireland and other like-minded groups”. She said that gardaí intended on the day to prevent or deal with any confrontations between the two groups of opposing ideas.

The complainant Mr Hand was working alongside a reporter and they were reporting on incidents between the opposing groups. Garda Sergeant Derek Fleming told the court that if the two factions got together there was a significant risk of violence.

He said that Gda Lucey was detailed to a public order unit with six other members and that he was the sergeant in charge of the unit.

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Each public order unit were detailed to a public order van and the vans were positioned in a holding area behind O'Connell Street. He said they were deployed to deal with an incident between members of the opposing groups at a “two euro” shop on North Earl Street.

Later he said he received reports of a number of “left-wing protesters” gathering on Cathedral Street, with some of them putting on balaclavas and face masks. He said that some Pegida supporters had entered a pub on the street.

Mr James Dwyer SC, defending, put it to the witness that the protesters did not intend to “have a clear-headed debate about immigration policy”.

Gda Sgt Fleming replied “we were under no illusions, it was going to be violent”.

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Garda Sergeant Derek Fleming outside court today. Pic: Collins

He said his unit and two other public order units went to the area. The members in these units were wearing “soft caps” and did not have helmets or shields.

He said the gardaí made a complete line across the street to stop the protesters reaching the pub. He said the crowd had swelled and became “extremely aggressive”.

He said he directed the gardaí in his unit to draw batons. He said around 15 men who had their faces covered by scarves and hoodies began to actively resist gardaí.

“They were trying to push down the street,” he said and agreed that he saw some protesters trying to hit gardaí with closed fists and trying to take batons from them. He agreed that it was a tense and volatile situation.

He said that some protesters were struck with batons as they were a direct threat to safety and that anyone who was attacking gardaí had their faces covered.

The court heard that three more public order units, these “fully kitted out in riot helmets and shields” were deployed behind the “soft cap” units. The garda sergeant said that the separation line was never breached and after about 30 minutes the protesters dispersed.

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He said that during this time the garda members were verbally abused and were being filmed by the protesters.

He told Ms McGowan that the protocol for the use of force was that gardaí should use non-violent means to control or disperse the crowd and that force should only be used “as a last resort”

He said batons could be used by a garda member if the garda was in fear of being attacked or overpowered. The trial, which is expected to last five days, continues before Judge Melanie Greally.