Indymedia Cameraman cleared in Court

national | miscellaneous | news report Monday May 27, 2002 21:28 by Aidan O'Brien - IMC Ireland aidanobrien at esatclear dot ie

Rowan Dempsey was today cleared in Dublin District court of charges relating to the Burlington PPP protests. He is the second Indymedia cameraman whos been up in court this year and the second to be aquitted.

Rowan's case had been adjourned from two weeks previously.

Rowan had been charged with two breaches of the Public order act and under section 9 of the firearms act.

Speaking for the prosecution Detective Sergeant Kevin Stratford claimed that on the night in question in the midst of the protests, he attempted to apprehend a protestor who had struck him across the head. While moving to arrest this unknown protestor he had been blocked and shoved three times by Mr. Dempsey. Later after the Garda¨ªhad drawn batons and charged the protestors after repeatedly ordering them to disperse, they noticed Rowan and went to apphrend him, he ran, they pursued; arresting him outside the grounds of the hotel, after catching him. When he was taken the station and searched they found a blade in his pocket.

Rowan's defense argued that the Garda¨ª only arrested Rowan after the baton charge and the protestors began chanting "We've got it on camera", they then pursued him and he stopped; allowing the Garda¨ª to arrest him outside the Burlington. He denied shoving the Garda¨ª and pointed out that the "knife" was part of a "credit card" knife held in his wallet and the blade was a mere 1 1/2 inches, part of a whole set of tools contained in the gadget.

The fact that the Garda¨ª seized the tapes for over two weeks, only returning his footage and camera after sixteen days and a court order was issued, was brought up, and the suggestion that the Garda¨ª had fabricated the charges in order to suppress the footage was danced around, to the Judge's annoyance.

Today the video evidence from Rowan's camera was viewed in its entirety at the insistent of the prosecution. Watching interviews with eyewitnesses, speakers and protestors, for over half an hour, until the scenes, which sparked the baton charge. The defense stopped and started the tape pointing out the location of the arresting officer in relation to Rowan and the duration of breaks in the time code to see how much time had elapsed between shots.

During the prosecutions cross examination Rowan was asked repeatedly about his knowledge and skill level of Ta Kaeon Do, and it was argued that he'd instinctually respond to a shove with a block. Rowan calmly stated that before each training session his class always vowed never to use their martial arts outside the Dojo. The prosecution dwelled on the fact that Rowan was not a member of the NUJ but rather a protestor with a camcorder. Rowan refuted this and explained Indymedia role and policy on demonstrations.

Before recess Rowan's barrister summed up, arguing that the footage displayed inconsistencies in the chronology and location as stated by the Garda¨ª Furthermore he produced the statement by Inspector Comisky, which contradicted the officers recollection of what occurred. They pointed out that the charge relating to the knife was tacked on several weeks after his arrest, implying that this had only been done to bolster the other weak charges. Finally he gave evidence to Rowan's character (his charity work) and his legimacy as a videographer.

His argument rested on the fact that the prosecution was claiming that Rowan's breaches of the Public order act occurred during a point when Rowan's camera was switched off. Establishing that this could only happen within a two-minute time gap on the camera, and the positions of Rowan Dempsey in relation to Det. Stratford as shown on the tape moments before this event was alleged to occur, the distance and positions (Rowan in the back, of the crowd, Stratford at the front) of the two, exposed flaws in the Garda¨ªclaim that Rowan was in a position to impede him. Finally Rowan's barrister re-iterated the fact the burden of proof rested on the state, and this clearly had not been established.

The judge took his time before announcing his ruling; taking opportunity to vent his opinion, and express his attitude towards these protestors. Stating that the behavior of this people was a "direct opposite" to true democracy, which we had "witnessed in its ultimate form recently". He agreed that Rowan went to this protest with the genuine intention to document what occurred, albeit through a "skewed" and "biased" perspective.

He agreed that the state had not proven to a degree that he was satisfied with that Rowan had intentially blocked the Garda¨ª though he suggested that Rowan might have unintentially blocked the Garda¨ª. He commended Rowan's demeanor and calm while in the witness stand, repeatedly, making it abundantly clear that this was a factor in his ruling.

In relation to the firearms charge (the pen knife) the Judge agreed that the knife was a "novelty item" and dismissed the charge stating that they were unreasonable since the blade had been secured in the holder which was inside Rowan's wallet inside his pocket (Refuting the Garda¨ª claim that the credit card knife was loose in his pocket). But he confiscated the knife stating that Mr. Dempsey should not have been carrying such an object in the first place.

Finally after dismissing all charges, the Judge suggested that Rowan should balance his viewpoint and make a documentary showing the difficulties faced by Garda¨ª daily, while going about their duties.

Rowan is the second Indymedia video journalist to stand trial this year for charges relating to their covering of protests. Wolfe Fishbourne had been in court in March, but in his case the Garda¨ªwere incapable of making charges against him. In both cases video footage played a crucial role.