Bin tax protester got his just deserts, says judge

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.