A BUILDER who drove a cement mixer at the gates of Leinster House last year was found not guilty of criminal damage and dangerous driving yesterday.
Joe McNamara (41), dubbed the “Anglo Avenger”, was arrested last September after he drove the lorry emblazoned with such slogans as “Toxic bank”, “Anglo” and “All politicians should be arrested” at the entrance to Leinster House. Minor damage was caused to the gateway’s paintwork, which cost €35 to fix. At Dublin District Court yesterday, the State argued that Mr McNamara had a case to answer in relation to criminal damage and dangerous driving because he had recklessly used a defective vehicle.
The brake lines of the vehicle were also cut, which meant the lorry could only be towed away using specialist equipment.
Dismissing the charges, Judge Ann Watkin said that she had a doubt as to whether the vehicle had been made defective en route or after he had brought it to a standstill.
“If I believed he had severed the brake pipes en route I would have to be satisfied that he took a risk that he would not stop and he might have injured someone and that would be dangerous driving,” she said.
“I am not satisfied that the State has established the time he was driving the vehicle it was dangerously defective.”
She also found that Garda witnesses did not make any notes to support claims that they cautioned Mr McNamara to produce his licence and certificate of roadworthiness. After the case ended, Mr McNamara, who owes Anglo Irish Bank several million euro, said he was happy with the outcome. “Since day dot this was not about publicity, it was to make a protest, that is it,” he said.
On the money he owes to the bank, he said that while he owed €7.5 million to Anglo at one stage, the “debt has reduced a hell of a lot since”.
His solicitor Cahir O’Higgins confirmed he had represented Mr McNamara for free.
“We were going to do it under the legal aid scheme. However, Joe made a point that he was protesting against the profligacy of the State in what he saw as expenditure of public money to save banks,” Mr O’Higgins said.
“In that context he felt it unfair to apply for legal aid. I decided to carry on with the case,” he added.
At the hearing yesterday, Garda Thomas O’Malley told the court he had been stationed in a kiosk beside the gates of Leinster House on the morning of the incident when he saw the cement mixer come on to Kildare Street from Molesworth Street. Mr McNamara “collided with the gates of Leinster House” and then climbed through a sunroof on top of the truck.
Garda O’Malley said he feared the defendant would start pouring cement at the entrance to Leinster House or on to Kildare Street.
The truck, which Mr McNamara drove from Galway, was locked and access to it was gained by smashing a window.
Garda O’Malley said Mr McNamara had a hurley in his hand which he intended to use to hit “tennis balls, which he forgot to bring, into the Dáil.
“He instructed me not to come near the top of the lorry,” the garda said. When he was brought down, he told the garda the brakes had been cut and “we were unable to move the truck”.
On arrest, Mr McNamara said “my name does not matter. The truck belongs to Anglo bank. I am returning it to them. Take away the keys”.