Irish Judge Harrasses Anti-War Defendant
international |
anti-war / imperialism |
news report 
Wednesday October 27, 2004 02:22
by Court Watcher - Court Watch
Mary Kelly denied right to a fair trial
Judge harrasses and badgers Anti-War defendant Mary Kelly
Judge Moran of the Ennis County Court harrassed and badgered Anti-War defendant Mary Kelly when she attempted to claim that her criminal damage to a plane at Shannon Airport was based on her honestly held belief that the plane was involved in violations of international law.
The trial which started last Tuesday (19 October 2004) is set to end on Wednesday or Thursday, after a week of hearing where the judge denied almost every witness that the defense attempted to call.
Among the witnesses denied the stand were Mr. Denis Holliday a former Under-Secretary-General of the United Nations, Mr. Daniel Einsberger of Pentagon Papers fame, Dr. Horst Gunther who uncovered the United States use of depleted uranium in Iraq, Mr. Edward horgan a former UN Peacekeeper, and Dr. Curtis Doebbler an international lawyers. The judge ruled that Mary Kelly had no right to base her defense on international law and yelled at the defendant several times when she attempted to introduce evidence that he viewed as inappropriate.
Mary Kelly is charged with damaging a US Naval Jet that had landed at Shannon Airport. She claims that these planes are on their way to Iraq to kill women and children, the US government claims they ar only going to deliver spare tires to Italy and refuses to disclose the manifest of the plane.
Comments (8 of 8)
Jump To Comment: 1 2 3 4 5 6 7 8The captain surely knew, as he made his way towards Irish airspace that cold January day in 2003, that his military aircraft would be seized by Irish guards and soldiers when he landed. Ireland, being a law-abiding member of the family of nations, would be obliged to intern the belligerents and seize their aircraft for at least the duration of the war (a war which Dick Chaney said may not end in our lifetime). Just as Ireland had done during World War -- ahem, "the Emergency".
His only chance of avoiding capture would be if he landed on some little-used airfield, hid the military plane near some trees or behind an unused building, and quickly searched for somewhere to find fuel on the black market to make his escape.
The pilot abandoned his aircraft when he left it in Shannon Airport. Indeed, when Mary Kelly got to the plane the Gardai were already on the case, and had positioned a squad car near the plane for when the American crew returned.
Why that aircraft? Nice and handy (unguarded?)or would any aircraft have done? A 737 is either an unarmed cargo plane or a civilian airliner..RyanAir have a ramp of them.
The only possible way to for that aircraft to be 'on its way to Iraq to kill women and children' would be on a suicide mission..crashing it into something.
Now if Mz K had picked a real military aircraft, C130 transport or Galaxy, Globemaster or whatever happens to be passing then her case would have more credibility.
Refusing to announce the cargo manifest is nothing unusual. I doubt RyanAir publishes the cargo list for all its flights and I might get a short answer demanding to know what the police carry in those big white vans in Dublin that move around in the small hours...
The judge seems to think it doesn't matter what the plane was going to do, could have done, or has done in the past, so whether it's a US Navy war fighting aircraft (like say a Hercules) or just an aircraft they used to transport stuff doesn't matter much.
They say that the plane was only carrying spare tires and such for their base in Italy. If that's so, how come they sent a Hercules to the scene just hours after Mary's action to offload it's contents and scramble away?
When a witness is being cross examined in court they're supposed to answer any question which they're asked and the judge doesn't find unreasonable. So if for the purposes of defending yourself against some charge you need the court to know what you believe someone had aboard their plane or in their car - they must answer.
Filed at: 7:25am
by John Cooke
The trial of Anti-war activist Mary Kelly continues this morning at Ennis Circuit Court. Ms. Kelly is currently arguing the case for her own defence, but was told yesterday that the war in Iraq and US Military use of Shannon Airport are not relevant to her case.
Seems natural enough to transfer the cargo..if the 'plane is grounded and subject to a police investigation and will be out of use while repaired.
I agree its highly likely (nay certain) that the the aircraft was carrying arms or war supplies. Being military and treated as a flying truck there could be a load of things on board but not necessarily going to Iraq.
Problem for Mz K is she didn't know what the cargo was, or where it was headed unless with insider knowledge or x-ray eyes. All she could see was a US Navy plane. So the excuses of commiting one crime to prevent another larger one are smoke and mirrors to excuse straightforward criminal damage to a third parties property. As the Judge has pointed out, in law the details of the plane and where it goes or what it might do are irrelevent. Did she or didn't she do the deed?
As the Judge has pointed out, in law the details of the plane and where it goes or what it might do are irrelevent. Did she or didn't she do the deed?
Actually that's not correct.
The Criminal Damage act, - had you bothered to check... allows lawful excuse.
You may damage the property of another if you had an honest belief that your action was to save lives.
Please stop showing your ignorance. Check your facts THEN post a comment. It's a good policy and worth a try...
How could she have lawful excuse if she didn't know the intentions of the plane?
You may honestly believe in flying saucers and the threat of alien invasion and set fire to the cornfield to prevent them landing but it won't help your defence to criminal damage charges.
Before attacking me, try reading a law book and look up the rulings to 'lawful excuse.' You might learn something, unlikely, I admit.
How would any one know what's on these plans with a cop and custom serice so housbroken and sychophantic it doesn't bother checking these planes. they are rewarded thus
...observe the intesnity with which peace activists are hounded down and persecuted, retried, banned from Clare, jailed etc with which the Garda caught framing people in Donegal or bashing RTS dancers in Dame St. are shown the door to walk.
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