A man arrested for scaling the railings at Leinster House shortly after the hoisting of the Palestinian flag has avoided a trespassing prosecution.
The incident happened shortly before 6pm on May 28th, at the Merrion Square side of the complex, where the newly raised flag, marking Ireland's official recognition of the state of Palestine had been placed.
Paul Whelan, 39, formerly of Dublin 12, with an address now at Hogan Court, Dublin 2, was arrested under the Theft and Fraud Act and initially charged with burglary by trespassing with intent to commit an offence in the garden at Leinster House.
Later, at Dublin District Court, Judge Paula Murphy noted that the DPP instructed gardaí to withdraw the burglary charge, which can carry a 12-month sentence at the District Court level, but a lengthier term in the Circuit Court.
It was replaced, however, with a lesser offence under the Public Order Act for trespass, which can result in a maximum six-month sentence.
The case was due for hearing on a not-guilty charge, but the judge noted that the case would be withdrawn.
Defence Greg Murphy, instructed by solicitor Evan Moore, said that the accused was deemed suitable to be dealt with through the Garda adult caution scheme, which does not result in a criminal conviction.
At his previous hearing, Garda Conor Dineen asked that the accused agree to terms, including a restriction on going to all government buildings.
Defence solicitor Evan Moore had said his client consented to the conditions: to remain away from all government buildings, give gardaí his mobile telephone number, notify gardaí of any address change and always be contactable, until the conclusion of the proceedings.
Legal aid had been granted earlier after the judge noted the accused was on social welfare and had no assets.
