Did Bin Tax Protestor get 'just desserts'

Hairy Homer

From today's Irish Times

Bin tax protester got his just deserts, says judge
Conor Lally



A Dublin City Council worker who carried an anti-bin tax protester on the front of his lorry for a short distance before the man fell off has had his dangerous driving charge reduced to careless driving by a Dublin District Court judge, who said the protester "got his just deserts".

Mr John Clegg (63), Ballymun, Dublin, was driving his housing maintenance lorry out of Dublin City Council's depot on Collins Avenue Extension, Dublin, on October 14th last when his path was blocked by around 30 anti-bin tax protesters.

One of the group, Mr Joe Mooney (36), climbed on the front of Mr Clegg's lorry by holding the windscreen wipers. Mr Clegg drove his van out onto Collins Avenue in the direction of Ballymun, carrying Mr Mooney on the front of the van for around "30 or 40 yards". Mr Mooney then fell from the van, suffering minor injuries.

Mr Clegg did not stop at the scene but immediately drove to Ballymun Garda Station to report what had happened. His barrister, Mr Michael Dreelan, told Judge David Anderson that Mr Clegg was in a very distressed condition when he reached the Garda station.

He has since been transferred from his previous position in the housing maintenance division and is now working for the council as a cleaner. He spent some time away from work due to depression immediately after the incident. While he returned for a period, he was currently on sick leave from his job due to depression.

Mr Clegg accepted what he did was wrong and had expressed remorse. He had also repeatedly offered his apologies and a "token payment" of €1,000 in compensation to Mr Mooney, which had been refused.

Mr Dreelan said on the morning of the incident Mr Clegg panicked when Mr Mooney "got on" the front of his lorry because he, Mr Clegg, believed a large crowd had gathered around the vehicle. He had suffered a sense of shame since the incident, which had been well documented by the print and broadcast media. He "apologises unreservedly".

Judge Anderson interjected saying: "Have I got this wrong? He got his just deserts. If a man jumps out in front of a train, would the train driver be responsible if he kills him?"

In the event that somebody "tried to commit hara kiri" in front of a train it was often the driver who was worse affected. "Doesn't he [the person who jumps in front of a vehicle] deserve everything he gets?"

He then asked if there was any damage to the windscreen wipers on Mr Clegg's van and if there was a criminal damage charge in relation to any such damage. Considering the charge of dangerous driving against Mr Clegg, Judge Anderson said: "Whether carrying him 30 yards amounts to dangerous driving... I don't know."

He then reduced the charge to careless driving and fined Mr Clegg €200. Mr Clegg declined to comment when leaving the court. However, Mr Mooney said he was trying to clear the way for Mr Clegg's lorry at the time of the incident. He said he was trying to alert his fellow protesters to the fact that Mr Clegg's vehicle was not involved in the collection of refuse.

I must say my sympathies are more with the lorry driver in this instance. And if Mr Mooney really did say that he was 'trying to clear the way for Mr Clegg's vehicle' then I'm afraid I have no sympathy for him at all. I saw the TV footage.

Gillo

Really put a smile on my face yesterday- especially to see the face on Mr. mooney as he left court!!!

Flukey

I've paid my waste charges and I have my P60 to prove it!

sceptre

Judge Anderson interjected saying: "Have I got this wrong? He got his just deserts. If a man jumps out in front of a train, would the train driver be responsible if he kills him?

He might well be if he decided "f**k it, instead of braking I'll just drive him to the next station on the front of my shiny train"

Tommy Vercetti

IMO it was highly inappropriate for the judge to make that statement, regardless of what your opinions on bin taxes are.

Gillo

Why was it inappropiate???
If you jump infront of any moving thing, you get hurt if you are lucky, killed if you are unlucky. I think the judge showed remarkable intelligence in the way he handled the case. And to be honest in some nutters jumped infront of my car shouting and ranting, I'd drive on oven if one of them was infront. The man was doing his job and was assualted by a band of nutters. Bet he had the doors locked otherwise he would of been dragged from the truck/van.

kelle

If only all judges were as sensible as this one. The amount of people and children that jump out in front of cars and receive injuries as the poor driver doesn't have time to stop, then go and claim compo - and the judge usually awards it!!! This guy got his comeuppance!