A protester, who admitted "intimidating" TD Michael Healy-Rae, has avoided jail and a criminal record after a judge held he had satisfactorily completed a restorative justice programme.
Dublin District Court heard the "distressing" incident happened during an anti-government and immigration demonstration which "spiralled out of control" at Government buildings on September 20th, 2023.
Apprentice carpenter Dean Hickson, 22, of Griffith Parade, Finglas East, Dublin, pleaded guilty to intimidating the Kerry politician at Leinster House, Kildare Street, Dublin 2.
Judge Paula Murphy heard he was sorry and never wanted to attend another protest.
As directed by the court, he participated in a several-month programme under the Probation Service to show he understood the ramifications of his actions.
Successful completion can result in a first-time offender avoiding a criminal record and a sentence.
Following a final three-month adjournment, Judge Murphy noted from a report that Hickson had completed the programme and the work assigned to him.
She was furnished with a letter confirming that he had volunteered to help at a Finglas community centre and had done gardening work at home for his mother.
He had also donated a sum to charity and wrote an apology letter to be sent to the TD, who was not required to come to court or give evidence.
Hickson also composed a reflective piece about his thoughts on the offence. Asked by the judge what he had learned from the process, he replied quietly, "Just won't do it again."
Judge Murphy held that his compliance with the restorative justice approach had been satisfactory. She applied the Probation of Offenders Act, telling Hickson, "I am giving you an opportunity today."
About 200 people had protested outside Leinster House as the Dáil resumed following the summer recess.
It led to several arrests, and afterwards, the independent TD condemned the conduct of some protesters as he and an office intern tried to leave the area.
Garda Chloe Rochfort arrested Hickson, and due to the guilty plea, Healy-Rae did not have to testify in court.
In mitigation, defence solicitor Donal Quigley had said that Hickson, who has no prior criminal convictions, was attending a political protest: "He said he has never been to one before and says he will never be to one again in his life."
The solicitor told the court, "Things spiralled out of control. It was more aggressive than he thought it would be. He is not even that politically minded."
He added that his client had been forthright and had apologised after his arrest.
Garda Rochfort confirmed that happened when she charged him at Pearse Street station.
Judge Murphy had described the incident as very distressing for all concerned and a serious offence for a man with no criminal record.
The DPP directed summary disposal in the District Court, which can impose a 12-month sentence and a fine, rather than a trial at the Circuit Court level, which can impose a sentence of up to five years. Judge Murphy accepted jurisdiction.
The court heard that the accused was among aggressive protesters outside Leinster House "during an anti-government, anti-immigration protest".
The CCTV footage captured him "throwing a plastic bottle in the direction of Michael Healy Rae, narrowly missing his head".
Gardaí identified the accused from the video evidence "as he physically impeded Michael Healy-Rae from entering Government buildings, which is his place of work".
At a preliminary hearing in February last year, his solicitor told the judge that his client maintained "he did not block anyone going in or out". However, he later admitted the offence, which made him a suitable candidate for restorative justice.
