Charges have been dismissed against a pro-Ukrainian protester who confronted a Russian embassy worker outside the building almost a year ago.
Mícheál MacGiobúin (64) had been charged with threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace.
The charges were brought over an incident at the Russian embassy on Orwell Road in Rathgar, south Dublin, on October 11th last year.
Igor Koliara had been working in the Russian embassy on the date of the incident, Tallaght District Court heard.
RM Block
At about 7.23pm, he was walking along the outside perimeter of the embassy, looking for nails on the ground of a walkway adjacent to the footpath. Over the previous two weeks, he said, this had become an issue.
As he went to return to the embassy, Mr Koliara noticed Mr MacGiobúin “approaching him very fast” from the other side of the road and shouting at him.
Speaking in court through a translator, Mr Koliara said he felt afraid and that he later spoke to his doctor as he was not feeling well after what happened.
Mr MacGiobúin, defending himself, disputed accelerating or increasing his pace and questioned how Mr Koliara could reasonably feel afraid.
“He’s a big man and he’s a quarter-of-a-century younger than me,” Mr MacGiobúin told the court.
Mr MacGiobúin said he had been protesting outside the embassy every evening since Russia invaded Ukraine in 2022 and he said he would be familiar to Mr Koliara as a result.
A large number of protesters who share shifts outside the embassy attended court in support of Mr MacGiobúin.
Garda Sophie Gummerson was on duty as a protection officer outside the Russian embassy that evening. As soon as she saw Mr MacGiobúin cross the road, she stepped out of her patrol car. He was holding a placard at the time.
Gda Gummerson said the defendant chanted “Neo-Nazi war criminal – get out of Ireland, get out of Ukraine" as he walked toward Mr Koliara.
She said Mr MacGiobúin had told Mr Koliara he had no right to be in a public place, which Mr MacGiobúin disputed.
The garda also alleged Mr MacGiobúin started recording and taunting her.
Mr MacGiobúin asked her to provide evidence of his taunting, to which Gda Gummerson quoted him as saying: “Look at the guards siding with the Russians.”
There was a dispute over the documents provided to Mr MacGiobúin before the hearing.
He argued he had not received a proper disclosure of some of the evidence against him.
CCTV footage of the incident was shown, without audio.
Judge Áine Shannon said the footage showed that, contrary to what was alleged against him, Mr MacGiobúin did not accelerate or increase his pace.
There was an onus on the prosecution to prove Mr MacGiobúin had used insulting or threatening words in an attempt to breach the peace.
The judge said the prosecution was unable to prove beyond a reasonable doubt he had done so. She dismissed the charges.
