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Ennis District Court
Anti-immigration activist Philip Dwyer denies trespassing at Clare direct provision centre
Counsel for Dwyer told Ennis District Court that he had lawful authority to be at Magowna House as he was there as a citizen journalist and a peaceful protester.
AN ANTI-IMMIGRATION activist told the manager of a new direct provision centre at Magowna House in Co Clare that she was not allowed to stop him, saying that “this is his country”, a court has heard.
In the contested case before Ennis District Court today, Philip Dwyer (56) of Tallaght Cross West, Tallaght, Dublin 24 is denying trespassing at Magowna House on 18 May 2023.
Counsel for Dwyer, Anne Doyle BL said that Dwyer had lawful authority to be at the Magowna House property as he was there as a citizen journalist and a peaceful protester.
The court was told that at the time, there were protests at Magowna House, where 29 International Protection applicants were being accommodated and there were blockades on local roads which were attracting media attention.
In evidence, manager of Magowna House, Ahlam Salman told the court that Dwyer was on the property on 18 May recording, “making me and my staff feel afraid and unsafe”.
Salman said that “he was shouting and was very angry”.
Salman said that Dwyer “told me he is a reporter and that he is allowed to be here”.
She said that he asked her for an interview, which she refused, and he remained on the property for another 15 minutes before departing.
Salman said that Dwyer had raised his voice. Counsel for Dwyer, Anne Doyle BL, said: “Philip Dwyer didn’t raise his voice and in actual fact it was you who raised your voice”.
In reply, Salman said: “He told me I am not allowed to stop him, that this is his country. He was shouting.”
Theresa O’Donoghue told the court that she was inside the property at Magowna House to show support for the IP applicants.
She said that her partner, Martin had picked up IP applicants for their own safety who were walking the road after departing Magowna House.
Ms O’Donoghue said that she “kinda recognised” the man with a camera going around the front garden of Magowna House.
She said that she took a photo of the man and posted it on the Clare Solidarity Network WhatsApp group.
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O’Donoghue said that it was then confirmed that the man was Philip Dwyer.
She told the court: “I was worried about who it might be so I took the photo to check because I didn’t want to be putting myself in any danger.”
Under cross examination from Doyle, O’Donoghue said that she knew Dwyer from his activities on social media and agreed that she didn’t like what he was up to on social media.
Doyle said that Dwyer was quite well known on social media for his divisive views on climate change, and O’Donoghue said that he would be known as a climate change denier.
Asked why she took the photo, O’Donoghue said: “I needed to know how this person was because I had been targeted by far right actors.”
She said: “I wanted to know if this is someone I should be concerned about. I am a single parent. I live in a rural area of Co Clare and I am afraid of what the far right would want to do with me and I need to know who they are in order to look after myself and my family.”
The State concluded its case against Dwyer today and Doyle asked for Judge Alec Gabbett to dismiss the case on a number of grounds.
Doyle said that Dwyer is a citizen journalist and was also there as a peaceful protester, and being at Magowna House in those two capacities gave him lawful authority to be on the lands.
Doyle said that Dwyer’s permission to be on the lands derives from Dwyer identifying himself as a citizen journalist.
Asked to define ‘citizen journalist’ by Judge Gabbett, Doyle said that it is someone not in the mainstream media but in the alternative media. She said that Dwyer is studying for a degree in journalism at the moment.
Judge Gabbett asked Doyle to provide the legal basis on which she says Dwyer has heightened protection from being a citizen journalist and a peaceful protester and asked her to make written legal submissions.
Judge Gabbett adjourned the case to 26 February and said that the State can respond to Doyle’s submissions.
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