Shane O'Brien Acquitted of All Charges in Berlin Gaza Protest Case

On 1 May 2026 the Berlin district court dismissed all charges against 31-year-old Irish national Shane O’Brien stemming from the October 2024 Gaza-related protest at the Free University. Judge Andreas Rische ruled that, despite “all the confusion,” no sanction was warranted and ordered the case closed.

The Irish Times

On 17 October 2024 a group of masked demonstrators occupied the administrative building of Berlin’s Free University during a pro-Gaza rally. Protestors sprayed slogans on walls, damaged computer servers, and locked a university employee in her office, prompting a police request to intervene.

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• Shane O’Brien – Irish citizen and defendant.

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• Judge Andreas Rische – Presiding judge of the Berlin district court.

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• Kai Wegner – Governing mayor of Berlin, who previously called O’Brien an “anti-Semitic criminal.”

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• Benjamin Düsberg – Defence lawyer for O’Brien.

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• Two Berlin police officers – Provided testimony regarding the altercation.

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• 17 Oct 2024 – Protest and police intervention at the Free University.

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• Mar 2025 – Berlin authorities issue an expulsion order, stripping O’Brien and others of EU free-movement rights and demanding departure by 21 April 2025.

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• Early 2026 – Berlin administrative court pauses the expulsion pending a final hearing.

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• 1 May 2026 – Court hearing; video evidence presented; all charges dismissed.

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O’Brien faced four counts: trespassing, assault on law-enforcement officers, prisoner release, and bodily harm. Police testimony described a “mob” of about 15 masked individuals and claimed O’Brien shoved an officer. Defence counsel introduced a short video showing only a verbal exchange and a police officer grasping a person’s waist; the footage did not identify the defendants, and the passports shown to officers later disappeared.

The Irish Times

The ruling underscores judicial scrutiny of police testimony in protest-related cases and highlights tensions between public order measures and the right to free expression. The paused expulsion order raises questions about the procedural basis for restricting EU mobility without a conviction.

The Irish Times

Judge Rische emphasized his support for free expression while noting a lack of understanding for property damage, concluding that “despite all the confusion, I see no need for sanction.” Berlin’s mayor had previously labeled O’Brien an “anti-Semitic criminal,” a characterization the defence plans to contest. The city’s administrative court halted the expulsion order, citing the pending criminal case. Defence lawyer Düsberg announced intent to file libel charges against the mayor.

The Irish Times

Mayor Wegner’s description of O’Brien as an “anti-Semitic criminal” sparked criticism from the defence, which argues the label is unfounded and damaging. Police officers’ accounts were challenged by the video evidence, suggesting possible misidentification. O’Brien himself dismissed the broader conflict, stating the outcome was “irrelevant as long as bombs are still being dropped on Gaza and children dying.”

The Irish Times

Police testimony identified O’Brien as unmasked with distinctive red hair, yet the video showed only masked individuals and no clear facial view. The disappearance of the passports presented to officers prevents verification of the individuals’ identities. The judge’s acknowledgment of “confusion” reflects these evidentiary gaps.

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• “They were dressed in black but not masked, I definitely recognise O’Brien.” — Police officer, Berlin Police

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• “despite all the confusion, I see no need for sanction” — Judge Andreas Rische

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• “anti-Semitic criminal” — Kai Wegner, Governing Mayor of Berlin

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• “irrelevant as long as bombs are still being dropped on Gaza and children dying” — Shane O’Brien

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The defence intends to pursue libel action against Mayor Wegner while the administrative court’s pending hearing will determine whether the expulsion order remains suspended. The case may set precedent for how protest-related evidence is evaluated in German courts.

The Irish Times