A Dublin man charged with inciting hatred allegedly posted a social media video saying refugees "were here to rape women and children", a judge heard today.
Graham Carey, 39, of Dunsink Drive, Finglas, Dublin, interjected from the dock during a procedural hearing at Blanchardstown District Court to deny the allegation and claim it was about "undocumented migrants" only.
Following an investigation by the Garda Special Detective Unit (SDU), he was charged in February with an offence under section two of the Prohibition of the Incitement to Hatred Act.
It is alleged that on January 30, at a place unknown within the State, he distributed, showed, or played a recording of visual images or sounds to stir up hatred.
He was granted bail on February 3 with a list of conditions, including a ban on using social media and an order to stay away from all refugee centres.
The truck driver faced his fourth hearing when he appeared before Judge Gerard Jones at Blanchardstown District Court today.
His case was listed for directions from the Director of Public Prosecutions, which will set out if the matter should remain in the District Court or go forward to the Circuit Court, which has broader sentencing powers.
SDU Detective Sergeant Eamon Hoey said they were still unavailable and sought a six-week adjournment.
Judge Jones acceded to a request from defence counsel Ciaran MacLoughlin to mark the case peremptory against the State, meaning the directions must be available by the next date.
Mr MacLoughlin also asked the court to consider amending one of his client's bail terms, which let him use the WhatsApp messaging app just for work purposes.
Counsel said Mr Carey asked to be allowed to join a family group on the app because he has been missing out on important family occasions such as communions or confirmations.
"All kinds of family stuff," said Mr Carey, who has still to indicate a plea.
Before ruling on that request, Judge Jones asked Detective Sergeant Hoey for details about the allegation.
The SDU officer alleged the accused "posted a video on social media where he made allegations against migrants, that they were here to rape women and children".
At that stage, the accused, who stood throughout the hearing, spoke up, disputed the evidence, and said the video was referring to undocumented migrants.
"I was talking about undocumented migrants that have been brought into my area," he told the court, adding that refugees were welcome but not the undocumented.
Judge Jones refused to alter the bail terms and ordered the accused to appear again on September 29.
Last month, the court rejected a defence plea for the social media ban to be lifted. Mr Carey's barrister had argued that it was tantamount to a person accused of shoplifting not being allowed to go shopping; he submitted that it was "a step too far" because social media was an intricate part of life.
Judge Jones noted from Detective Sergeant Hoey that the allegation related to postings online on social media. The officer agreed to him having it for work purposes only.
Legal aid was granted earlier.
At his first hearing in February, Detective Sergeant Hoey said Mr Carey's reply to the charge was: "In hindsight, it won't be happening again; I will be taking a different approach going forward".
His bond was set at €200, and he was also ordered to reside at his address, not apply for travel documents, and obey a 9 pm – 7 am curfew.
He was also ordered not to organise or participate in gatherings and protests in person or online or post or record videos on any social media platform.
He was barred from social media because it was a "complex issue".
He had to provide gardai with a contact number for his new phone, which had "to be a button phone". The bail terms also included an order "to stay away from all centres and locations housing refugees".
Reporting by Tom Tuite
