*Gardaí at Magowna House. Photograph: John Mangan
A DUBLIN MAN told the manager of a new direct provision centre at Magowna House in Inch 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, Philip Dwyer (56) of Tallaght Cross West, Tallaght, Dublin 24 is denying trespassing at Magowna House on May 18th 2023.
Counsel for Mr Dwyer, Anne Doyle BL said that Mr 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 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 Mr Dwyer was on the property on May 18th recording “making me and my staff feel afraid and unsafe”.
Ms Salman said that “he was shouting and was very angry”. Ms Salman said that Mr 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 fifteen minutes before departing.
Ms Salman said that Mr Dwyer had raised his voice and counsel for Mr Dwyer, Ann Doyle BL said, “Philip Dwyer didn’t raise his voice and in actual fact it was you who raised your voice”.
In reply, Ms Salman said, “He told me I am not allowed to stop him that this is his country. He was shouting”.
Theresa O’Donohoe 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’Donohoe 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 on the Clare Solidarity Network WhatsApp group.
Ms O’Donohoe 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 Ms Doyle, Ms O’Donohoe said that she knew Mr Dwyer from his activities on social media and agreed that she didn’t like what he was up to on social media.
Ms Doyle said that Mr Dwyer was quite well known on social media for his divisive views on climate change and Ms O’Donohoe said that he would be known as a climate change denier.
Asked why she took the photo, Ms O’Donohoe said, “I needed to know who 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 Mr Dwyer and Ms Doyle asked for Judge Alec Gabbett to dismiss the case on a number of grounds.
Ms Doyle said that Mr Dwyer is a citizen journalist and was also there as a peaceful protestor and being at Magowna House in those two capacities gave him lawful authority to be on the lands.
Ms Doyle said that Mr Dwyer’s permission to be on the lands derives from Mr Dwyer identifying himself as a citizen journalist.
Asked to define ‘citizen journalist’ any Judge Gabbett, Ms Doyle said that it is someone not in the mainstream media but in the alternative media. She said that Mr Dwyer is studying for a degree in journalism at the moment.
Judge Gabbett asked Ms Doyle to provide the legal basis on which she says Mr Dwyer has heightened protection from being a citizen journalist and a peaceful protestor and asked her to make written legal submissions.
Judge Gabbett adjourned the case to February 26th and said that the State can respond to Ms Doyle’s submissions.
