Far-right activist Philip Dwyer acquitted of disturbing the peace in nursery incident

Mr Dwyer (56), a father-of-three of Tallaght Cross West, Tallaght, Dublin 24, denied committing a public order offence contrary to section 6 of the Criminal Justice (Public Order) Act 1994 at a hearing at Tallaght District Court on Thursday.

Testimony of a nursery owner

Nursery owner Lucy Madigan testified she spotted Mr Dwyer filming on his mobile phone as he sat in his car outside the nursery as she arrived at her business after receiving a call about an incident.

She recalls Mr Dwyer responding by clapping and saying: “Let’s do it” when she confirmed she was the owner of the nursery.

When she asked Mr Dwyer to remove the video, Ms Madigan said he responded by asking her if she was responsible for the rainbow flags on the nursery window and accusing her of promoting paedophilia and child abuse.

She said Mr Dwyer claimed the rainbow represented homosexuals and added that “homosexuals are paedophiles”. The witness said he also accused her of “brainwashing four-year-olds to have paedophiles in their lives”.

Ms Madigan said she asked the defendant who approached her to stay one metre away, as was the case during the Covid-19 restrictions. She said Mr Dwyer told her to remove her mask and asked if she was embarrassed to show her face.

Ms Madigan said the defendant continued to come towards her and became more vocal while she simply wanted Mr Dwyer to delete his video as she believed the nursery and children had been recorded.

However, she claimed he told her he would put the video online and “make it famous” but would erase the children’s faces. She told the DPP’s lawyer, Tom Conlon, that she was “very shocked and very upset” by the incident.

Ms Madigan agreed with the accused’s lawyer, Ciara Ní Gabhann BL, that Mr Dwyer had identified himself to her, but she did not recall him requesting a comment or interview or identifying himself as a journalist.

She recalled trying to explain to Mr Dwyer how the nursery had a diversity and inclusion curriculum, but he kept “screaming and yelling at me”. Ms Madigan said she could not understand how a stranger would approach her and accuse her of promoting paedophilia.

The court was shown videos recorded by the defendant, in which he told the daycare owner that he would “report” her for introducing LGBTQ+ ideology into the minds of young children, which was “absolutely shameful.”

When Ms Ní Gabhann told her that Mr Dwyer had categorically denied making any reference to paedophilia or child abuse, Ms Madigan replied: “He told me one hundred per cent that all homosexuals are paedophiles and child molesters.” She acknowledged that no children were filmed in the videos shown to the court.

Witness Testimonies

Garda Trevor Timpson told the court he found Ms Madigan very frightened and distressed by the incident after the matter was reported to police. He recalled the businesswoman being “extremely worried” that the accused would return and attack them while they were in a public place.

Police said Ms Madigan, who owned a number of nurseries, was also concerned he would appear in other locations as well.

Danielle Cramp, a childminder at the nursery, said she was approached by the defendant as she was returning from a walk with two young children.

Ms Cramp said she felt intimidated by Mr Dwyer shouting at her from about 20 feet away if she was responsible for the rainbow flag and accusing her of “inciting paedophilia and incriminating the minds of young people”. In response to Ms Ní Gabhann’s suggestion that the accused had no connection with her, Ms Cramp replied: “That is not true.”

Testimony of Philip Dwyer

Mr Dwyer said he was delivering a parcel while working as a contract courier for Pony Express when he noticed the rainbow design on the nursery’s window promoting Gay Pride 2021.

The accused, who described himself as both a citizen journalist and a trainee journalist, said he wanted to ask the owner of the daycare why they were doing this to the children.

“My intention was to make a story. I felt that parents should be informed if this was happening in a daycare,” he added.

The defendant admitted that he was “slightly irritated” and raised his voice because he felt the children were being manipulated and that he was “quite annoyed” by what was happening at the nursery. He repeatedly denied using the word “paedophilia” when speaking to nursery staff.

Mr Dwyer said his intention was to give them “a fair chance” to explain what was happening, while ensuring no children were filmed. As a journalist, he said he asked tough questions and had a “lively conversation”.

Mr Dwyer, who stood unsuccessfully in this year’s local and European elections for the far-right Ireland First party, told the court he became active as a citizen journalist after the 2020 general election.

He understood that a video of the nursery incident he had posted online had been removed by YouTube. The defendant did not agree with the accusation that his reckless behaviour had caused a breach of public order.

In her closing remarks, Ms Ní Gabhann said journalism would be seriously compromised if a journalist asking uncomfortable questions constituted a breach of the peace.

Mr Conlon argued the defendant had been “threatening, abusive and insulting”. “In fact, he was a nuisance,” the lawyer added.

Dismissing the charge, Judge Patricia McNamara said she found the accused did not intend to commit a breach of the peace that day.

The judge said she did not believe the criteria for convicting him of the offence had been met and that he was entitled to the benefit of the doubt. Justice McNamara noted that she was not making a judgment “on anything else.”