Cork library protester Ross Lahive sees knife charge dismissed
A Ross A The Had He Court He As Hanging Lahive Friend The Was The Earlier Door In Told Day For Knife
A prominent protester against LGBTQ+ reading material at Cork City Library faced a trial today for having a box-cutter knife in his pocket when arrested but the case ended abruptly before it really began.
Apart from a charge of failing to appear in court on one particular date, the main charge faced by Ross Lahive was that he had the knife in his possession.
Inspector James Hallahan called the main witness, Detective Garda Pat Russell, who testified at Cork District Court today that when the knife was found in Mr Lahive’s possession he gave the explanation that the only reason he had it was that he had been using it while hanging a door for a friend in Ballincollig earlier in the day.
Judge Philip O’Leary asked defence solicitor Diarmuid Kelleher if he had an application to make on the basis of this very brief evidence.
Mr Kelleher stood up and said that an offence of possession of a knife includes the stipulation that one has it without good reason or for a work purpose. The solicitor said Mr Lahive had always stated the reason he had the box-cutter and also that it was in the context of a particular job of work.
“He has already given his full defence. And that is not me putting up a legal defence,” Mr Kelleher said.
Judge Philip O’Leary said only a reasonable doubt had to be established for the case to be dismissed. “And he has given a plausible reason as to why he had it. I dismiss the charge.”
On the less serious charge of failing to appear in court on a particular date on the charge, Mr Lahive said he got the date wrong and admitted this matter. Under the circumstances, Judge O’Leary said he would dismiss this second charge under the Probation of Offenders Act.
Inspector Hallahan asked for an order for confiscation and destruction of the knife. But Mr Kelleher said the criminality had not been shown in relation to the knife and that it should be returned to Ross Lahive. The solicitor said the defendant wanted to have it as it had belonged to his father.
Judge O’Leary agreed that he was entitled to have the knife given back to him.
Lahive, aged 44, of Church Street, Shandon Street, Cork, had been charged that on September 4, 2023, he failed to appear in Cork District Court and that on August 26 at Bridewell garda station, Kyrl’s Street, Cork, he did have a knife in his possession, contrary to the Firearms and Offensive Weapons Act.
A background incident on the same day which involved Mr Lahive resulted in the case making headlines. An online video showed Lord Mayor Cllr Kieran McCarthy being confronted by Ross Lahive at a North Main St carnival on August 26, on a matter related to the library protest. Mr Lahive asked Mr McCarthy if he knew who he was, and Mr McCarthy responded, "Yes, I’ve been waiting for this".
The Lord Mayor then delivered a spirted performance of, ‘Oh What a Beautiful Morning” from the musical .