In Yemen, Western Foreign Policy Is Empowering al-Qaeda 22:27 Jun 22 0 comments
Trump admits US killed millions in war based on lies 23:47 Oct 10 0 comments
From 1945 until today - 20 to 30 million people killed by the USA 23:00 Nov 29 0 comments
Climate Change Action Would Kill Imperialism 22:00 Nov 23 0 comments
Great powers commemorate First World War, and plan the next one 22:34 Nov 14 0 commentsmore >>
The Party and the Ballot Box Sun Jul 14, 2019 22:24 | Gavin Mendel-Gleason
On The Decline and Fall of The American Empire and Socialism Sat Jan 26, 2019 01:52 | S. Duncan
What is Dogmatism and Why Does It Matter? Wed Mar 21, 2018 08:10 | Sylvia Smith
The Case of Comrade Dallas Mon Mar 19, 2018 19:44 | Sylvia Smith
Review: Do Religions Evolve? Mon Aug 14, 2017 19:54 | Dara McHugh
Interested in maladministration. Estd. 2005
Irish Examiner bias Anthony
Hong Kong and democracy Anthony
Oliver Callan: Back in his box Anthony
A bird's eye view of the vineyard
US Presidential Election And Prospects Of Kiev Advance In Eastern Ukraine Thu Jul 16, 2020 14:19 | amarynth
(Photos): Russian delegation presents Iraqi PMF?s al-Muhandis with medal of honour Thu Jul 16, 2020 13:29 | amarynth
Moveable Feast Cafe 2020/07/16 ? Open Thread Thu Jul 16, 2020 01:30 | Herb Swanson
Book Review : Starikov?s ?Rouble Nationalization ? the Way to Russia?s Freedom? Wed Jul 15, 2020 21:07 | amarynth
The Future for China Wed Jul 15, 2020 05:01 | The Saker
A Blog About Human Rights
Human Rights Fri Mar 20, 2020 16:33 | Human Rights
Turkish President Calls On Greece To Comply With Human Rights on Syrian Refugee Issues Wed Mar 04, 2020 17:58 | Human Rights
US Holds China To Account For Human Rights Violations Sun Oct 13, 2019 19:12 | Human Rights
UN Human Rights Council Should Address Human Rights Crisis in Cambodia Sat Aug 31, 2019 13:41 | Human Rights
Fijian women still face Human Rights violations Mon Aug 26, 2019 18:49 | Human Rights
Mary Kelly's Re-Trial: Friday 29th 2pm Update: Sentencing Deferred until Next Friday
international | anti-war / imperialism | feature Thursday October 28, 2004 03:54 by Indymedia Ireland Editorial Group - Indymedia Ireland
Please apply blinkers, bury head.
No Justice in County Clare: Harry Browne Counterpunch Article
Mary Kelly Vs The State Trial Updates: 6.20 PM Thursday 28th - Guilty Verdict - Jury 10:2
Nuremberg War Crimes Tribunal 1945-1946.
"His insistence that the invasion of Iraq cannot be mentioned in testimony is actually contrary to the Criminal Damage Act, which takes a person's state of mind into account when they perform the so-called damage. If they are deemed to have an honestly held belief they were acting in the interests of others, then they cannot be guilty of criminal damage. Therefore, Mary absolutely must be allowed to explain her motivations in order for there to be fair trial."
"Lawful excuse" defense not allowed by hostile Judge
Court Watcher "...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 lawyer..."
Relevance of evidence in first trial. "He [Judge Moran] ignored the defence testimony, directing the jury not to allow feelings or issues of conscience to influence them in making their decision. This extraordinary instruction, when the whole function of a jury is to act as the conscience of society in matters of law, is perhaps an indication of how profoundly the rosecution’s agenda had been shown up by the strength, clarity and truth of the defence.
Out of Sight out of mind There hasn't been an "immediacy clause" for the necessity defence Mary is using since 1997, when the Non-Fatal Offences Against the Person Act amended the Criminal Damage Act (1991).
"In his ruling against Eoin Dubsky earlier this month in the same courthouse, J O'Donnell also leaped back in time to find him guilty because his defence under Section 6.3.c of the Criminal Damage Act ("Lawful excuse") wouldn't hold cause Iraq is so far away."
Question of the trial? Whats more dangerous knives, bombs or policy? Judge Carroll Moran cautioned Ms Kelly on sticking to relevant issues in her defence, he told her, that the defence of lawful excuse refers only to an action taken to prevent a threat to a person, their property, or other persons, but only when that threat was of an immediate nature. He gave the example of damaging the knife of a potential attacker, brandishing such an implement and went on to inform her, that the war in Iraq and the presence of a US plane did not impose an immediate threat to her or other persons when she damaged the U.S.A.F. navy plane
(from June 2003 court report) "The sage-like Ramsey Clarke (former U.S. Attorney General and longtime peace campaigner) testified for 30 minutes about the adverse effects of U.S. foreign policy, stating facts and figures about the effects of long-term low-intensity conflict in Iraq since 1991. He expressed deep concern about the sanctions, with at least 585,000 young children dead as a direct result of them. He also compared Mary’s action to somebody removing the bullets from a gun that would otherwise be used to kill someone. The prosecuting counsel strenuously questioned the relevance of Clarke’s testimony, and asked him the following question: “If someone broke into your house and did 1.5 million euros worth of damage, how would you feel?” Clarke replied that if his house was capable of complicity in the murder of innocents, he’d be actively offering invitations to people to come and damage it. Clarke was asked the question several times (apparently the prosecutor felt he hadn’t answered it), and gave the same reply each time. I am sure many bizarre questions are asked in courtrooms, but this one strikes me as similar to asking Rosa Parks “If someone sat in your usual seat in the bus, how would you feel?” Removal of context, universalizing of the particular, seems to be a tool used by empire time and again. And, because we all know that the master’s tools will never dismantle the master’s house (to borrow from Audre Lorde), all that a defence can do is to continually push the focus back to the context in which an action occurs."
June 2003: Hung jury doesn't satisfy state.