Leinster House flag case reduced from burglary to trespass

Tom Tuite

A man arrested for scaling the railings at Leinster House shortly after the hoisting of the Palestinian flag had his charge reduced to a lesser offence.

The incident happened shortly before 6pm on May 28th at the Merrion Square side of the complex.

Gardaí and Oireachtas security personnel observed a male climbing the fence and trying to make his way across the Leinster House lawn to where the newly raised flag, marking Ireland's official recognition of the state of Palestine, had been placed.

Paul Whelan, 39, formerly of Dublin 12 with an address now at Hogan Court, Dublin 2, was arrested and charged under the Theft and Fraud Act with burglary by trespassing with intent to commit an offence in the garden at Leinster House.

The case resumed at Dublin District Court on Wednesday.

Judge Paula Murphy noted that on the direction of the DPP, gardaí were applying to withdraw the burglary charge, which can carry a 12-month sentence at the District Court level but a lengthier term in the Circuit Court.

It was replaced, however, with a less serious offence under the Public Order Act for trespass, which can result in a maximum six-month sentence.

Judge Murphy ordered him to appear again in October to enter a plea.

Mr Whelan remains on €200 bail but must obey conditions imposed earlier.

At his previous hearing, Garda Conor Dineen asked that the accused agree to terms, including a restriction on going to all government buildings.

Defence solicitor Evan Moore had said his client consented to the conditions: to remain away from all government buildings, give gardaí his mobile telephone number, notify gardaí of any address change and always be contactable.

Legal aid had been granted after the judge noted the accused was on social welfare and had no assets.