Anti-immigration activist appears in Cork court on garda harassment charge

Anti-immigration activist Ross Lahive allegedly made fresh commentary on social media on Wednesday night in advance of meeting a garda sergeant this morning to be charged with harassment of a garda.

Cross-examined about this allegation today in Cork District Court, Sergeant John Kelleher put it to the 46-year-old that he was giving an undertaking not to comment about the case on social media, but that last night he was allegedly doing just that, having been informed on Tuesday September 23 that he was to be charged today.

“You say you have no difficulty not discussing the case but you had no difficulty sharing a video about this case last night – you thought it appropriate to post a video about this case last night,” Sgt Kelleher said.

Ross Lahive replied: “I felt it was my constitutional right to have freedom of speech.” 

Sgt Kelleher said: “You thought it was appropriate to discuss it on social media?” 

Mr Lahive replied: “I have a constitutional right.” 

Diarmuid Kelleher, solicitor, represented the accused on free legal aid and said Mr Lahive was not charged with any offence related to last night and that he was not charged with this harassment offence until this morning.

Ross Lahive said in respect of bail conditions, including refraining from commentary on social media platforms, “I will abide by all bail conditions. I will absolutely abide by them.” 

Judge Mary Dorgan then imposed the same bail conditions on Ross Lahive as were imposed earlier this week on the co-accused Derek Blighe of Curraghavoe, Mitchelstown, County Cork, on a related charge of harassment of the same garda. 

The judge made one exception and that was in relation to the Ross Lahive’s bond. Instead of requiring a cash lodgement in respect of a €500 bond, the judge said she would require no lodgement but increased the bond to €1,000.

He is also required to sign on twice weekly at Bridewell garda station, reside at his home at Shandon Street, have no contact directly or indirectly – including by social media – with the complainant or any witnesses, make no commentary on social media about the matter now before the court, and provide a mobile phone number at which he can be contacted at all times by gardaí.

FREE LEGAL AID

Free legal aid was granted when Judge Dorgan was told that Mr Lahive’s income was €250 from a community employment scheme.

Ross Lahive of Church Street, Shandon Street, Cork, faces a charge which states: “On dates between October 9 2022 and February 6 2025 he harassed (the garda) contrary to Section 10 of the Non-Fatal Offences Against the Person Act.” 

Sergeant John Kelleher said the Director of Public Prosecutions had given directions in the case stating that it would proceed to trial by indictment at Cork Circuit Criminal Court but that the DPP would accept summary jurisdiction on a plea of guilty. Judge Dorgan accepted jurisdiction on those terms.

Detective Sergeant Cahill formally arrested the accused at 9.52am today at the Bridewell and brought him before Cork District Court on the charge of harassing the garda. After caution he made no reply.

Det Sgt Cahill alleged that Mr Lahive engaged in a campaign of harassment against a member of An Garda Síochána. This member was on duty at a public event in October 2022 when he arrested Mr Lahive. 

His arrest was video-recorded and posted on Facebook. “In February 2023 it is alleged that the victim in this was walking from Cork District Court having given evidence in a separate case. He was approached by the accused and co-accused and a third person. He was verbally abused by him. He (the garda) said he did not consent to being recorded.

“He was followed for a number of minutes and was afraid to get on the bus at the bus station in case his address would become known.

“It is alleged that the accused went on to post videos of himself talking about this injured party. The injured party was distressed. It had a negative effect on himself and his family.” 

The defendant was remanded on bail to appear in court again on November 20.

Solicitor Diarmuid Kelleher applied for a copy of the prosecution evidence in the case so that the accused could decide if he was pleading guilty or not guilty.