Court report: Ongoing attempt to criminalise Shannon activists.

national | anti-war / imperialism | news report Sunday February 12, 2006 01:43 by Seán Ryan

Ongoing tale of how the State likes to criminalise those who show the State's criminal acts to be what they are. This time the tail is attached to a very rabid pitbull that the defendants unleash into the courtroom, and who proceeds to tear a hole into the whole saga and offer some sunlight to the defendants. Conor Cregan immediately runs for the sunlight and in no time gives the State a kick in the pants it has long deserved.

It was a crisp and beautifully sunny day in Ennis, Thursday the 9th. of February, the time and the place alotted by the State in its continuing attempt to criminalise Shannon Warport activists.

Conor Cregan, Mags Liddy, St.John O'Donnabhain and Niall Harnett were all in Court again this week. This time Judge Mangan didn't show up and Conor wasn't even marked in to appear (A matter he soon put right).

I attended and was miffed that the defendants had to appear in front of a Judge who wasn't familiar with the case. To me this meant that issues that were important to the defendants, like the Gary Doyle order etc., couldn't be dealt with, as it was all based on Judge Mangan's former rulings. I thought that the new Judge would refuse to deal with, or give an opinion on Mangan's rulings, seeing that Mangan will more than likely be presiding when this trial eventually begins. It brings me great pleasure to say that I got it very wrong.

Two things were different this time.

A judge who sees beyond his own ego was presiding.

Some professional legal representation was at last present, acting for Mags Liddy and St.John O'Donnabhain.

The session got underway a little after 11pm. I was surprised to see that the judge wasn't wearing a wig or a dress, but had chosen a well tailored suit. The defendants were not placed to the back of the list like usual, but were dealt with in the order they were listed.

Niall Harnett was very unfortunate, in that he got called first. The judge seeing that the DPP still hasn't presented its charges, put it off until next month. Niall asked the Judge's permission to make a statement and an application. The Judge refused on the grounds that he would not be the Judge attending the case and in my opinion, because he didn't understand what it was that Niall had wanted to say. Niall, at this point, seeing that again the state would ignore him and keep this a constant in its hellbent drive to criminalise him, began to say exactly what it was that he had to say. He'd just finished the introduction, which is quoted here, and the Judge stopped him and told him that he didn't want to add a charge of contempt, but that he would have him removed, if he didn't stop. Niall asked could he at least submit what he wanted to say in writing to the court, and that it be part of the court record. The Judge granted this request.

Whilst Niall was defending the absolute right to defend himself, and in an atmosphere where he had just again been denied this right, I noted, that to my immediate right, there was a veritable sea of blue, that rippled with gardai, exchanging knowing winks and nods, mirth was very evident. The other officers of the Court, the clerks etc., too were smiling. Niall handed his statements to a clerk and without further protest retook his seat. It took guts. Here's what Niall got to say:

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Introduction Niall Harnett 09/02/06 Shannon District Court

Bring to the attention of the court the fact that even though I was forced by the non-appearance of my solicitor last time to represent myself, this is the first time, out of choice, that I'm representing myself in court …
… and I would like to:

a) remind the court of previous assurances to other defendants, heard by me in this court, to give 'latitude' (for want of a better word) to those who are representing themselves.

b) remind the court of 'Court of Criminal Appeal Ruling' - 27th Jan 2000 which found that in these circumstances 'there was an even greater burden on the trial judge to ensure that the trial was in all respects above reproach'.

Seek specific assurance/quote in this regard:

Have it recorded in court record and noted by Carol:
____________________________________________________________________________________________________________________

After this introduction, Niall had intended to ask that the case be stricken, on many different points, that all revolved around the State denying him his rights. I'd like Niall to add this statement to this report if he would, it asks fundamental questions about our Justice System and about ourselves and it definitely constitutes that which is and should be the public's interest.

Next up we had Mags. Mags brought some firepower. I'd briefly met Mag's firepower before we all went in to the Courtroom. He struck me as pleasent, having a sense of humour and the ironic. He struck me as being somewhat tame, bland even. Wrong again.

Mag's needs to have another charge added to that elusive set of charges to be brought against her. Herself and St. John brought a pitbull into the court and set him free. Balls were to be seen flying in all directions.

Amongst many of the trophies ripped from the state, by the pitbull, was the frank and unambiguos statement by the Judge, that Judge Mangan had made an irrelevent order, ie. the Gary Doyle Order, and that it was not proper jurisprudence to issuse such an order until the DPP has filed its charges. More evidence for Niall, Mags and the others to add to that forever growing list.

It's nice to see that nice inspector have to deal with the rights of the defendants, when confronted by someone who actually gets to put their point to him. He immediately forked over written details long denied our much harried defendants. They'll get along famously I'm sure. The pitbull even referred to him as 'my friend.'

Next up was St. John. St. John and the pitbull put it to the court that St. John had a dissertation to give the day after the next Court date. The Judge trying at this point to distance himself from this case, told St. John to appear at the Court Date given.

Last up was Conor. (Note to the state. Big mistake dudes.)

The pitbull, having torn Judge Mangan an extra arsehole in his absence, had opened the Door for Conor who then proceeded to tear it from its hinges.

Finally!

He got to have his say. Without interruption. Without being dragged from the court. There wasn't so much as an oink from the pen. The rest of the Jesters in this formerly festive circus, let their jaws hang slack too. It didn't even but take a minute either.

The only quote I'm going to give of this arsekicking, is that it all started when the Judge noted that Conor was defending himself. Conor replied, 'Once bitten twice shy.'

I'd not attempt to take from the eloquence of what Conor had to say by giving my full take on it, other than to say that it offered inspiration and mirrored some of what Niall had wanted to say, and that it was a reply too, to the treatment he has suffered at the hands of Mangan. It again took less than a minute, less than the time needed to restrain and deny him the right to defend himself.

The Judge looked very thoughtful afer Conor finished, and then we all trooped back out into the sunlight.

I'd invite all the defendants to give their take on what happened on this literally and very metaphorically sunny day in Ennis.

Sláinte,
Seán Ryan