MISTRIAL! Pitstop Ploughshares update

by Eoin Mon Mar 14, 2005 12:20

Please watch this space for further updates!

There's talk of a procession with Kelly Doherty of Iraq Veterans Against the War ( http://www.ivaw.net/ ) at noon today to Dail Eireann to submit a letter to the Irish Government urging them to quit supporting the Iraq war and occupation.

Kelly is the daughter of a Vietnam veteran and served in Iraq as an MP with a National Guard Unit.

If you're around the 4courts, keep an eye out for her and lend your support if you're free. I think it would be a fitting way to move on immediately from the judge's mistrial. He's just a functionary after all. The FF/PD government are primarily responsible for the continued US military use of Irish airports and airspace.

by fwd Mon Mar 14, 2005 13:05

posted here cos password required for access:

Trial of five anti-war activists collapses in Dublin



11:50 Monday March 14th 2005



The trial of five anti-war activists accused of criminally damaging a US military plane at Shannon Airport two years ago has collapsed at Dublin Circuit Criminal Court.
The trial began last Tuesday, but the presiding judge discharged the jury for undisclosed reasons this morning and ordered a retrial.

Judge Frank O'Donnell said he could not reveal the reason for the move because he had to ensure that the retrial was fair and that justice was seen to be done.

The five defendants, three women and two men with addresses in Dublin, had all admitted damaging the US warplane and property belonging to Aer Rianta in February 2003, but had argued that their actions were a legitimate act of legal, non-violent disarmament.

by Sceptic Mon Mar 14, 2005 13:20

lol

Let's see now: He did more prosecuting than the prosecution themselves (at one point when they did butt in he said something like "I've been waiting for you")...

The judge must have more faith than most in the ordinary people of Dublin (represented by the jury). I can't see why else he was so determined to shield them from (such irrelevancies?) as what these military planes do... what happens when you take one of them out of circulation... etc...

by vade mecum.:. - "nationlists of constantine" Mon Mar 14, 2005 13:35

So what happens now? Is there a re-trial date?
do the defendents get to go home and relax for a while, or is this another "pits-stop"?
Will the same Judge sit on the next trial?
is there a political motivation behind all of this?
(spot the silly question)

by ? Mon Mar 14, 2005 15:14 087 918 4552

Defendants to appear in Four Courts Tuesday 10.30 am for new trial date
-Threre will be no peace walk from the spire

Text 087 918 4552
to find out where they are partying tonight

Many thanx for all the solidarity

by skoobydoo Mon Mar 14, 2005 15:40

Why is the mistrial a cause for rejoicing?

Won't this mean lots of added expenses for the defendants, and challenges in scheduling their expert witnesses to show up yet again? (and added expenses for the government/us as well)

Who benefits by having this trial put off, other than the momentary "pressure's off"?

by Ciaron Mon Mar 14, 2005 15:49 At Large! 087 918 4552

Ironic as Casey Kasem, the voice of Shaggy on Scoobydoo - once stumped $US 20,000 to bail me out of the Louissianna Pen - to hear such cynicism from such hindquarters.

Well it rates as an away draw if not a victory.!

We always play away in court.

The war goes on

We remain undefeated, because we go on!

See you on the streets.

Many thanx for all the solidarity
Cynicism remains the 5th. column of the establishment.

Love to all
Ciaron

by trial watcher Mon Mar 14, 2005 15:50

While the mistrial is a pain for the defendants, especially those who might like to move on from Ireland, it probably improves their prospects for acquittal, with all the personal and wider benefits that would bring. That's basically because they've got a possibility of running their chosen defence once they get a new judge. With this one it wasn't going to be allowed. November appears to be the soonest it can happen.

by redjade Mon Mar 14, 2005 17:46

MisTrial Declared for Shannon Peace Activists
March 14th '05, 4pm
http://WarOnTrial.com

The trial of five Catholic Worker peace activists collapsed today at the Dublin Circuit Criminal Court as Judge Frank O'Donnell discharged the jury. The five accused Deirdre Clancy, Nuin Dunlop, Karen Fallon, Ciaron O'Reilly, and Damien Moran were been charged with causing criminal damage to a US Navy Warplane at Shannon Airport on February 3rd 2003.
The defendants argued they were attempting to protect lives and property and to uphold the law by nonviolently resisting Irish participation ion the Iraq war.

Their trial began on Monday last March 7th but ran into difficulties on Friday last when the defence counsel requested the judge to discharge the jury.

Judge Frank O'Donnell said he could not reveal the reason for the move because he had to ensure that the retrial was fair and that justice was seen to be done.

The Director of Public Prosecutions must now decide whether to prosecute these five peace activists, who have been on strict bail conditions for over two years.

A substantial group of supporters applauded the activists as they left court. The defendants and their supporters then held a silent single file peace walk, in commemoration of the Iraq war dead, from the Four Courts to Dail Eireann. They were greeted at the Dail gates by John Gormley, Green Party TD; Finian McGrath, Independant TD; and Joe Costello, Labour TD.

The defendants submitted an appeal letter to the Taoiseach on behalf of Kelly Dougherty, former Military seargent with the National Guard Unit and co-founder of Iraq Veterans Against The War ( www.ivaw.net ). Dougherty came to Ireland to support the 'Pitstop Ploughshares' defendants and to testify to the brutality and criminality of the US occupation in Iraq.
Her letter called for an end to the use of Shannon Airport by the US MIlitary and requested the Irish government to offer asylum to military resisters.

Copy of Kelly Dougherty's letter to An Taoiseach can sent on request

For more information contact
Damien at 087 9638398
or
Ciaron at 087 9184552

free photos available: contact above numbers

Ends

The Struggle Continues.... (thank you to the 5)

by scoobydoo Mon Mar 14, 2005 20:56

So--the mistrial may mean a different judge, and it may also mean that the DPP will decide not to prosecute, after all? That would be great.

Who decides who would be the next judge, if it goes ahead?

Not being cynical at all, just want to understand the implications.

thanks.

by Green Paddy Mon Mar 14, 2005 21:33

Well done to the CW5. And to your legal team and all of your supporters, Irish and from overseas especially, those who marched with you every day and those you gave you backup. It's not a victory and it's even difficult to see a victory ahead if this trial is anything to go by. But you are keeping the flame burning in a dark Irish landscape. Maybe the churches will get off their (a****s) fences and raise their voices against this war which meets NONE of the PAGAN criteria of a just war, never mind Christian ideals. Courage to you all in the struggle!

by supporter Tue Mar 15, 2005 01:18

It's not a full-scale victory, but a minor legal victory. I think that was the reason for the high spirits today. I'm not allowed to go into the full reasons for the mistrial because of the sub judice, but it was definitely attained by the legal team of the defence, and that's why I say it's a minor victory.

by The Godfather Tue Mar 15, 2005 02:29

Good news about the mistrial. Looks like I may owe you a few pints after all Ciaran. Good on yez all, and keep on keeping on.

by Ciaron Tue Mar 15, 2005 16:22 087 918 4552

Read your post in a rush and responded likewise. Got to slow down. Thanx for your support. Need some sleep. See you Saturday.

by ? Tue Mar 15, 2005 16:24

Pit Stop Ploughshares New trial date Oct 24th. in the Four Courts.Some mellowing of bail conditions. defendants walked from court at 3 pm Tuesday. Hurry up and wait!

by Duine Tue Mar 15, 2005 17:11

Comhghairdeas don cúigear as an mbraighdeanas a sheachaint.
An bhfuil aon phleananna acu ceann a thógáil den chogaíocht atá ar bun i nDafúr na Súdáine nó sa Chongó?

by in court Tue Mar 15, 2005 22:05

the mistrial happened because judge o'donnell ( eventually) agreed with the defence that a court "bystander" could possibly infer bias on the part of the judge and because justice must be seen to be done as well as be done. based on this he agreed to discharge the jury.
( another reason may have been because he wanted the trial over by tues. reportedly to go on holiday).


incidentally before doing so he accused ciaron of damaging the plane as a publicity stunt because if he'd been serious about the putting a dent in the war machine he/ they would have destroyed it. actual words were "you sat down on the job!" the implication being that their defence would have been more valid if they'd done more damage.( this based on trying to prove that action taken would save lives. under lawful cause there's no need to prove that tho).

pretty much he had little choice but to declare a mistrial because even the prosecution agreed that the judge had prematurely ruled the 5's defence unuseable based on his inerpretation of the criminal damage act's lawful cause section without having heard most of the evidence and testimonies. the prosecution said he may have jumped the gun.

the victory here is that it shows it's not easy to get a conviction in a case like this and not easy to refuse to hear evidence and witnesses in an effort to de-politicise a trial if there's a good defence team.

as to "sub judice" one of the biggest flaws i witnessed in our judicial system during this trial is that the jury is not present for legal arguments , so they never get to know why evidence is or is not being heard.
plus the judge can direct a jury to come to a verdict based on his or her interpretation of a law when they have not heard counter arguments.

a jury of peers could be a democratic system if judge's did not overly interfere in the process. ( and if punishments didn't involve jail and everyone had access to great free lawyers obviously)

everyone present in the court knows what actually happened yet sub judice means no-one outside the public courtroom is supposed to know. suspect that this has a lot more to do with protecting judges and lawyers from criticism than ensuring fair and unprejudiced trials.

by skoobydoo Wed Mar 16, 2005 00:03

To what extent is it ok or not ok to talk about an ongoing court case?

E.g., I know of an incredible miscarriage of justice (convicted defendant--who was the only injured party--will appeal, but it's an uphill struggle since soliciters & barristers don't want to expose the blatant incompetence or malfeasance of the gardai). (Defendant heard that the barrister has aspirations of a judicial appointment.) Judge in first case didn't seem to care at all about evidence or lack thereof. Absolutely incredible.

Can things like this be talked about "in public" like here?

It is ridiculous how unfair the legal system is here, and the lack of a real complaints process for gardai. Even the new proposed legislation is full of loopholes. But I digress. . .

Also please advise on to what extent one can report on accurate info that papers would never print because they don't want to annoy the powers that be. (E.g., documented instances of serious industrial pollution with independent verification)

by Across the Water Thu Mar 17, 2005 16:36

PRESS RELEASE: 17th March



IRISH EMBASSY ACTIVISTS GO FREE



Five anti war activists on bail facing prosecution following an occupation of the Irish Embassy in London, will not face charges it was revealed this morning.



The protestors barricaded themselves into the Embassy in Grosvenor Place, near Buckingham Palace, on March 2nd to demonstrate against criminal charges facing the Pitstop Ploughshares – five peace campaigners who took non-violent action to disarm a US Navy Plane at Shannon airport.



Speaking for the activists, Joss Garman, said, “Now it is time for the Irish government to drop the charges against the Pitstop Ploughshares who acted out of conscience at Shannon Airport to try and stop an illegal war. It is time for Ireland to reclaim its neutrality and to stop aiding and abetting US war crimes.”



The Pitstop Ploughshares (Deirdre Clancy, Nuin Dunlop, Karen Fallon, Damien Moran & Ciaron O'Reilly) had their trial collapse this week, and a new trial date has now been set for October 24th in Dublin’s Four Courts.



Notes:



The activists who no longer face charges are: Milan Rai, Richard George, Bill Dawbarn, Maureen Ukairo and Zelda Jeffers

www.tridentploughshares.org



For more information:

Joss Garman 07815 004 578 (UK)

Pitstop Ploughshares 087 918 4552 (Ireland)

www.warontrial.com



For photographs from the Embassy protest:

Hugh Warwick 07815 042 452



- ENDS -