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Ed Horgan to pay 50 % of own costs: Statement issued at High Court Today. national |
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news report
 Friday May 02, 2003 16:53 by 4wolfatad
 Judge in High Court today ruled that Ed H. is only liable for 50 % of his court costs. He is not liable for the State's Costs. Here is a statement he issued directly after the hearing. Ed is presently considering the possibility of appealing the decision in his case at the Supreme Court. Hope to publish full case transcript and Judgement here soon. This case has dealt with very profound issues. The court has heard the arguments on both sides fully and with great attention and courtesy. The 71 page judgement deserves careful study. No decision on an appeal will be made until that study is completed. I am veryy pleased that the High Court accepted my submission that international law requires neutral states (including Ireland which follows a kind of qualified Neutrality) to prohibit the transit of large numbers of troops through its territory en route to war. In light of that the Government cannot suggest that Ireland behaved as a neutral state in the war on Iraq. This finding by the Court is most serious and has serious implications. Ireland, having assisted the attacking forces, must accept its share of responsibility for the cluster bombs and missiles dropped on the people of Iraq. The case has exposed Government deeds and actions to public scrutiny. Of course I have not won. The court has found that the Government is not Constitutionally bound to uphold international law in this context. It has found that it should not intervene. I respect the Courts view but I fear that the balance of power may be shifting too far in favour of Government at the expense of the court and ultimately at the expense of the citizens of Ireland. That worries me greatly. One consequenmce, it seems to me, is that the Government may no be even more vunerable to pressure from more powerful states to go along with them in times of crisis and to violate International law without any constitutional restraint. International law reflects the standards of behavior generally recognised as being necessary for civilised existence in a dangerous world. If those standards are undermined we are all the losers. Ed Horgan 2/5/2003 - issued following High Court Hearing on Costs in the case of Horgan V An Taoiseach, Ninister for Foreign Affairs, Moinister for Transport, Government of Ireland, Ireland and the Attourney General. |
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Comments (7 of 7)
Jump To Comment: 1 2 3 4 5 6 7Fri, May 2 2003, 3:54pm
Ed Horgan has been told to pay half the costs in his court case - somewhat more than 100,000 euro according to RTE.
From RTE:
(16:18) The former Army commandant who took a High Court action to stop Iraq-bound US aircraft using Shannon Airport will have half his legal costs paid by the State.
Despite losing his case, the Court awarded Edward Horgan, from Castletroy in Limerick, half his costs, estimated at more than €100,000.
Mr Justice Nicholas Kearns decided that even though Mr Horgan did not succeed in his action, he had raised public law issues of general importance. He also commented on Mr Horgan's sincerity and impressive bone fides.
Mr Horgan did establish that a principle exists in international law that a neutral country cannot allow the movement of substantial troops and ammunition through its territory.
After the costs decision Mr Horgan said he believed it was fair. On the question of an appeal to the Supreme Court, he said he and his legal team would make a decision after careful study of the 71-page judgement delivered last Monday.
Any sign of that judgement or the transcripts entering the public domain?
Are you worried that the government might try and suppress the report?
Just go and get it the way everybody else does - down at the Four Courts.
No, I'm not worried. I'm curious as to when the transcripts will be made available.