Two men accused of stalking ex-senior politician fail to lift bail ban for 'peaceful assembly'

Tom Tuite

Two men charged with stalking a former senior politician have failed to have bail terms lifted to take part in a "peaceful assembly" in Dublin on Saturday.

Paul Nolan (37) of Mount Eagle Square in Leopardstown and 52-year-old Leslie Fagan of Kildare Park in Crumlin were each charged in May with stalking the man on Parnell Street in Dublin in September last year.

The complainant cannot be identified by law unless he waives his right to anonymity.

They had been granted bail at Dublin District Court pending a plea, with their case scheduled to continue next month.

Judge Michele Finan had imposed several conditions, including a ban on entering the Dublin 1 and Dublin 2 areas and no contact. On Friday, the pair made separate applications to have that term suspended.

Fagan told Judge Finan that there would be a peaceful assembly by a councillor involving a walk through the city centre to Leinster House.

Dressed in a T-shirt from the American Horror Story television programme, he stressed that he had complied with all court-imposed rules so far.

Detective Garda Eoin Morrison opposed the request. He said there were concerns given the assembly was on the same day as the Pride parade, and "the situation has the potential to be volatile".

Judge Finan told Fagan that his solicitor had addressed the court on the previous date about the conditions, but Fagan claimed he had no opportunity to have his say.

Fagan also countered that he relied on his constitutional right and again appealed to the judge to vary the bail terms. However, Judge Finan refused the application, adding that the terms were proportionate to the matter that was before the court.

"So I am being refused the right to go on a peaceful protest," he remarked. Judge Finan told him he could peacefully assemble wherever he liked, except in Dublin 1 or 2.

In a final effort, Fagan said the alleged offence occurred in Dublin 1, but the judge said the garda had made cogent objections and had made her order.

Paul Nolan, dressed in a pale green T-shirt and Bermuda shorts, then had his turn, telling the court that he wished to have the same terms relaxed so he could attend the assembly to support Councillor Malachy Steenson.

He cited the constitutional right to assemble under Article 40.6 of Bunreacht na hÉireann.

Referring to the detective's earlier point about the Pride parade, he said he would not be at that, and "our one starts at 2pm, and as far as I know it goes on for two hours."

Detective Garda Morrison reiterated his concerns. Furthermore, he agreed that Article 40.6 of the constitution provides the right to assemble, but submitted that the preamble states that it must be "subject to public order".

Nolan said he had not contacted the injured party, and the judge replied that, as long as he abided by the terms, he would not have trouble.

Ruling on his bail variation attempt, she said he had the right to make the application, but she had the right to refuse.

He was told he must seek legal advice on whether he could mount a High Court challenge.

The pair must also sign on at a local garda station twice a week, and they must not post on social media about the case.

The Director of Public Prosecutions had directed that the case be dealt with in the district court, which has retained jurisdiction.

The court had earlier heard that the men were cycling on Parnell Street on 29 September last year when they observed the former politician walking along the street.

The garda evidence included claims that they followed and shouted verbal abuse in an intimidating manner to the extent that the man feared it would escalate to violence.

They allegedly recorded him on their mobile phones and uploaded the video to social media, where it received a substantial number of views.