Independent Media Centre Ireland

3 Anti-War Protesters ejected from Galway District during trial of Owen Rice.

category galway | rights, freedoms and repression | news report author Tuesday September 26, 2006 13:21author by Court reporter - Cosantoiri Siochana

Judge Mary Fahy : "to preserve the dignity of the court".

Today, at the commencement of the trial of Owen Rice in Court No. 2 Galway District Court, judge Mary Fahy had three anti-war activists and members of Owen's support group escorted from court by Gardai for excercising their democratic right to take notes in court.

This right was given short shrift by Fahy on the spurious basis that the note taking would impinge on the "dignity of the court" and further; "it was custom and practise" for the judiciary to proscribe any note taking as they saw fit.

The three ejected were Justin Morahan, Sean Ryan and Tommy Donnellan, the former two vociferously voiced their opposition to this draconian and anti democratic move to no avail.

Fahy's perspective is redolent of the stance of the Turkish government where currently, a writer is being prosecuted for not, in essence, "preserving the dignity of the Turkish nation" - Turkey's horrific slaughter of the Amnenians was this writers righteous bone of contention.

Owen is being prosecuted for "failing to provide his name to a Gardai" and "breach of the peace" or is that "behaviour likely to cause a breach of the peace"?. following the denouement of the EU Social ministers meeting in Galway when some of them were on a walkabout "cultural tour" of the city.

A full report will follow.

Comments (29 of 29)

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author by Chris Murray - the unmanspublication date Tue Sep 26, 2006 14:18author address author phone

I have, and I know Sean and other indy contributors have sat in open courts
and taken notes. Those Irish Times and manistreamers are allowed, therefore
the free-press are allowed.

Because of the manistreams ability to adhere to editorial policy and
not pissing off advertising revenues they have to 'skew' their reports
according to market forces. The results often lead to widely differing
court reports-

The judge had in this case no right to'preserve the dignity'of the court.

Take it up with the law library/bar council or the Dept of Justice.

btw: Indy was prevented access to St Pat's Cathedral on a few occassions,
a sympathetic RTE reporter, who could not publish such things as
"they are corralling us" gave us notes on those occassions, its called

author by Piece of my mindpublication date Tue Sep 26, 2006 14:23author address author phone

I'll write to her and give her a piece of my mind about this. Dignity of the court? does she think she's a queen of something? Paid public official, and those men are members of the public. Ridiculous. Thanks for the news.

author by Paul O'Donnellpublication date Tue Sep 26, 2006 14:49author address author phone

The best way Judge Fahy could preserve the dignity of the court would be to remove herself from it. Once again a clear sign that courts are not independent. Reminds me of a judge I saw in court reprimanding a defendant for failing to remove his cap in court. When the defendent correctly pointed out that there were three uniformed gardai in court wearing their garda caps she threatened him with jail for contempt of court.

author by Court reporter - Cosantoiri Siochanapublication date Tue Sep 26, 2006 16:28author address author phone

The trial is ongoing as I post with perhaps, due to Owens forensic and relentless cross questioning of the Gardai witnesses, an adjournment until tomorrow or another day?. Martin and/or Margaretta who are observing matters in the court room will be publishing a full account later on.

Grateful thanks to Marcel of John Mullanes organic farm in Shannon for providing the vegetables, gratis, also Tesco's and Evergreen in the Westside Shopping Centre - John Mullane provided the veg, again for free, for the feeding of Mary's supporters during her trial for disarming the US Navy plane in Shannon Warport

From L to R; Conor, Owen and Sean
From L to R; Conor, Owen and Sean

Justin and ....
Justin and ....

Tucking in to Shirley's organic eats in Margaretta's house during lunch break
Tucking in to Shirley's organic eats in Margaretta's house during lunch break


Mary and grand daughter, Maya
Mary and grand daughter, Maya

author by Court reporter - Cosantoiri Siochanapublication date Tue Sep 26, 2006 16:50author address author phone

two !.

Shirley and sweet Maya with Owen practising the Gorgon gaze that was going to be unleashed on judge Fahy - looks like it worked as I've just been texted that the Gardai have called in a stone mason to resuscitate her?.
Shirley and sweet Maya with Owen practising the Gorgon gaze that was going to be unleashed on judge Fahy - looks like it worked as I've just been texted that the Gardai have called in a stone mason to resuscitate her?.

Margaretta and Justin
Margaretta and Justin

author by cool jpublication date Tue Sep 26, 2006 20:54author address author phone

The so-called justice sysytem in this country seriously needs to cleaned out from top to bottom - Its got to the stage where they will even ignore their own craven rules when it suits!!

author by Court reporter - Cosantoiri Siochanapublication date Tue Sep 26, 2006 23:00author address author phone

Todays clash of morality and moment of truth between the DDP and Owen Rice was mananaed, if that's the right word, to a putative date in October by judge Mary Fahy, due, let it be said, to Mr Rice's unrelenting pursuit of the truth, of the provenance of the brutality that was wantonly visited upon him in Mill Street Gardai Station, that hospitalised him. What does it matter if the criminal charges are small potatoes, what happened to him in Mill St Gardai Station is the real McCoy, the moment of truth of the Gardai, of contemporary, amoral, Ahern's Mammon Ireland that colludes with war criminals and seeks to criminalise the best of us and Owen is surely that. The truth will prevail over the Three Monkeys of contemptible, contemporary denial, so the bollocks mantra goes?.

But what if it doesn't, fuck it, we'll still strive and strive again, that is our and should be, humanities moral imperative, it's certainly Owen's, I know, that's why I support him so much?.

author by I. - WE WANT OUR COUNTRY BACKpublication date Wed Sep 27, 2006 11:18author address author phone

Below is a simplified version of the above.

A Judge sworn under Article 34.5 to protect the Constitution and it's Laws , demand that a number of Constituted People be removed from THEIR Courts , the Constituted People's Court , for requesting the protection of their Constitutional rights and invoking same and thereby protecting our Constitution from unjust attack by a senior civil servant , in this case a Judge Mary Fahy who is sworn not to violate said Constitution , do hereby demand that all Constituted People do not attempt to , at any time , to request there Rights enshrined in that Constitution.
How dare you ask for your Constitutional rights in MY Court. And as for that ,that blue book with the harp on it , get it out of my sight.

Prepuse lackey Garda , 'jezus ,whats that book about'?
How to become a Garda. Step 1. Program same and make sure it knows sweet shag all about the Law.

I really believe that these .......Civil Servants be brought before the High Court for wilfull violation of our Constitution.
We have them de-wigged and de-frocked. Tis time to de-bench them.
Even little Judges must sometimes be brought to book with a smack on their backside.
Naughty , bold Judge.

author by Louise Gaffney - CFSDpublication date Wed Sep 27, 2006 20:19author address author phone

A lot of people paid the ultimate sacfrice in attempting to establish democratic norms in this and other countries. People like this woman Mary Fahy, are obviously oblivious to these facts and for that matter they are oblivious to the law, the law for which they are very well paid to administer and are tasked to uphold.

The basic right of "freedom of expression" is defined in the European Convention on Human Rights (ECHR) Article 10, as including "..the right to recieve and impart information without interference by public authority and regardless of frontiers.." This fact, NOT opinion, coupled with Article 34.1 of the Constitution which provides for justice to be administered "in public" renders her actions at Galway District Court ,in stark violation of human rights and the law of the land. This matter will not be going away, it is far too serious to divert our eyes from.

The same Article 10 of ECHR, is the legal instrument that DCC is in violation of when it bans and destroys notices of public assembly in Dublin. Think about it ,all you councillors, you can really do something to stop this if you want to ! We will be watching the Judge closely and we hope you watch those officials in DCC up close !

author by Ipublication date Wed Sep 27, 2006 21:37author address author phone

I can assure you louise , i / we are on their backs and have been for a long while now. A Judge is an adjudicator / Civil servant in Court. That's all.
I am sure the mentioned Judge will appear on crookedlawyers web site for starters and formal written registered complaints be made to Chief Justice of High and Supreme Courts.

author by Louise Gaffney - CFSDpublication date Wed Sep 27, 2006 22:53author address author phone

Well done "I " It is well past the time that these people were brought ot book and made accountable for their actions.. I am sure exposure is a critical elememt in all this. I know they are trying to close down one of your sites on the www. The Siar Anto O'Reilly press keep hush on the poster ban in Dublin and the carry on of the likes of this Fahy woman in Galway, even though they had a juornalist in the court room for several hours taking notes, he was "allowed" to stay of course and he published ZERO. Of course keep it quiet as possible ,thats how all CORRUPTION thrives in the shadows and away from the glare of publicity.

Keep up the good work. Heres to the light of just exposure. L G

author by F.E.M. - F.E.M.publication date Wed Sep 27, 2006 23:22author address author phone

Do not forget, buy your copy of the Irish constitution and bring it with you.
You can educate the judges on the contents and invoke upon article 40.
Like Sean Shows on the poster that he holds, well he probably cannot paste it to the wall as the illegal removing of posters is still goin on in Dublin, but if you pass this gate of the courts just picture the poster there and do remind yourself to bring your copy wherever you go.
It is your court not the judges.
It is the constitution that is binding not the laws in the law book if the way they are used contradict the constitution.
It is the peoples court, all the people.

author by Jane Doepublication date Thu Sep 28, 2006 10:54author address author phone

Can someone please explain what all this is about? Why all the trumpet blowing? This case is being treated like some political/moral face - off of national significance. I dont see it. I've no love for the gardai, but if someone keeps poking a dog with a stick sooner or later they will get bitten. This seems like an obsessive personal feud between Rice and the cops.

author by Whatabout?publication date Thu Sep 28, 2006 12:17author address author phone

Exactly how is it poking a dog with a stick, if you stand in a public market and ask a politician a question?
How is it poking a dog with a stick if you want to take notes in court, and you are entitled to do that... and the judge won't allow it.
This is a case where the defendant says he was asking a politician a question, and was arrested, and then beaten up by the gardai, and the judge doesn't want people taking notes in court? and you see nothing odd about that?

Very timid puppy indeed.

author by Jack Hartpublication date Thu Sep 28, 2006 12:27author address author phone

There is too much clowning about. They are entitled to their rights and three cheers for them when they actually carry out constructive actions. But not everyone thinks its a good idea to constantly goad Gardai and Judges.

If they got a solicitor in the first place instead of this MacKenzies friend stuff then they would have more time to spend on anti war activities and there would be less need for activists to spend day after day in court.

author by Seán Ryanpublication date Thu Sep 28, 2006 13:52author address author phone

I won't go into what happened between myself and the judge in the courtroom, other than to say that before I was dragged from the courtroom, I'd informed the judge, that I was a constituted citizen, I informed her of her obligations under Article 34.5 of the Constitution, the purpose and operation of the Court under Article 34.1 and Article 10 of ECHR. I'll clarify this further with judge Fahy in the High Court when I sue her.

Outside the courtroom, was very interesting.

I quoted the relevant acts of the constitution to the three Gardaí that dragged me out of the Courtroom. They were obviously ashamed of themselves and refused to arrest me. They (a few more had joined us at this stage) told me that they had to follow the Judge's orders. I told them that they were sworn to the Constitution, and that they were not sworn to uphold the Judge's whims (in this case an unlawful whim). One of the Gardaí replied that they were not familar with the Constitution. I replied that they should not have sworn an oath on something that they were not familar with. I added that I understood their fear with regard to disobeying the Judge.

The Gardaí around me that were refusing me re-entry into the Courtroom (still refusing to arrest me though) tried to make small talk. I mostly ignored this. At one point one of the Gardaí (the one who'd said that they weren't familar with the Constitution) jokingly said to another Garda: "Where will we send him for coffee?" (meaning me) Before the young female Garda whom he asked could reply, I replied "how about into the Court Room?" He replied that I'd not get coffee in there. I answered this by saying that I'd not get justice in there either. "Sometimes it's not very clear," he replied. After this he and the young female Garda decided to go get some breakfeast, they invited me along offering to buy me some too. I declined but thanked them nonetheless.

I approached a female Garda that stood guard outside the Courtroom and asked her to retrieve my bag which had been left inside during the struggle. She did this for me. From my bag I took the poster that can be seen in one of the pictures above. A male Garda immediately took my arm and began to lead me from the Court building. A sergeant must have surmised that the Garda was being to gentle with me and ran down and began to roughly push me out of the Court building. I asked him if our Constitution was considered to be offensive to the Court. He replied that I was not permitted to protest inside the Court House. To this I answered that I was not offering protest but was attempting to educate the Gardaí as to the nature of our Constitution. The sergeant gave me a final push (not so rough this time) and I was out of the building. I shouted to his rapidly retreating back that "you must be very proud of yourself!" He didn't turn, nor did he answer and he avoided making eye-contact with me for the rest of the day.

I stood outside the door of the Courthouse, until dinner time, displaying the poster to all the Gardai and others inside the Courthouse.

Very few Gardaí were willing to make eye-contact with me and most who talked to me were very apologetic.

After dinner, I stood outside the Courthouse, displaying the second poster I'd brought. It was the same as the first, but contained a quoted from our inJustice Minister McDowell at the top of it: ""The Legal System Must Now Catch Up With The Constitution And The Wishes Of The People." So says McDowell 15-3-2006 'On the record.'"

I displayed this poster until a little after 6.00pm. Everyone who spoke to me (mostly Gardaí) agreed with my poster. The Garda who'd asked me to breakfeast, when he was going home, wished me a good night. I wished him a good night also. He'd told me earlier in the day that he and other Gardaí present, admired my 'steadfastness' and that they'd appreciated what I was doing. The only negative moment of my dealing with the Gardaí was with the Sergeant I mentioned above.

I have no hard feelings for any of the Gardaí I dealt with and I'm quite certain that this feeling is reciprocated by the Gardaí themselves.

I didn't poke any dog with any stick. Yet.

author by Jack Hartpublication date Thu Sep 28, 2006 14:01author address author phone

"other than to say that before I was dragged from the courtroom, I'd informed the judge, that I was a constituted citizen"

If you told me that you were a "constituted citizen" I would not be too happy to be in your company either. What exactly do those two words mean to you? So you spent a day holding up a poster. Well done. Perhaps your time might have been better spent campaigning for the homeless or seeking peace for the citizens (constituted or not) of Limerick.

author by Seán Ryanpublication date Thu Sep 28, 2006 16:44author address author phone

Perhaps your time might be better spent doing something yourself, rather than wasting time here.

author by John Kellypublication date Thu Sep 28, 2006 17:06author address author phone

Come off it Jack and Jane ! There's a million issues of injustice out there. The point about this issue is, that it is in a court of law, that processes and procedures are meant to be in place to fashion some sort of remedy to ameliorate injustice and or punish those who transgressed a law, through a mechanism of civil or criminal proceedings. The central issue in this case is that in our country justice is processed in open courts and administered , in conformity with the Constitution, ie "in public" .

A prohibition on citizens taking notes in such a context is incredible, it patently violates the principle of the public administration of justice in an open court of law. It is a violation of the law itself and moreover, the violation is committed by a public servant who swore an oath to uphold that same Constitution.

People would be better off sticking to the point, rather than knocking others who have done an excellent job in exposing this excrescence, that is meant to justify upholding "the dignity of the court".

However Jack and Jane, I am sure you are aware of these matters, and as the man says " There's always one ! "

Fire forward Sean and friends, you are doing a service to the Nation. J K

author by Timid puppypublication date Thu Sep 28, 2006 18:12author address author phone

Gosh - sorry guys. Certainly touched a nerve with the old dog and stick analogy. I stand humbled and corrected. Im off to reclaim my integrity ( and indeed that of the nation) by pissing off a cop. Gonna buy a false beard too.


author by The Citizenpublication date Thu Sep 28, 2006 18:56author address author phone

Shame on you Timid Puppy or Jane Doe. Your snide comments do nothing to add to this discourse ( false beard indeed). Have some respect for these men. For that's what they are - men, who could stand shoulder to shoulder with Ned Kelly, the O'Donavon Rossa, James Connelly or Captain Jack White. Or Gandalf even.

author by I.publication date Fri Sep 29, 2006 10:39author address author phone

The above Title is a line from a recently written Song.
On Tuesday , Conor , Owen ,Sean and Justin were up against this dirt.
The display of Bunreacht was like light to the vampires.
Ye rattled the dirt Lads.
This is only the beginning.

author by Conchubhair McGiolla O'Samhrainpublication date Fri Sep 29, 2006 10:58author address author phone

Fire forward ye heroes, ye men broad of thigh and brawney of back.
Into the breach, ye iron thewed sons of Cuchulain,
Tis with thy sacrificial strivings that the light of pure truth twains the Blueshirt darkness.
Abu, abu! A terrible beauty rises from the ash. Again, aye, again.

author by W. Finnerty.publication date Fri Sep 29, 2006 12:17author address author phone

There seems to me to be a massive conflict of interest between Minister for Justice McDowell's known association with the largely fascist (as I see it) Bilderberg Group on one hand, and Bunreacht na hEireann on the other.

Consequently, it comes as little surprise to me to learn of the sickening contempt Judge Fahy has shown for Republic of Ireland citizens in a court of law, yet again.

I had hoped that Judge Fahy might have read Bunreacht na hEireann since her last encounter with Mr Rice some weeks ago - especially Article 34.5.1., the part where judges solemnly promise to uphold the Constitution.

As things are at the present time, it seems to me that Judge Fahy and her colleagues in the legal profession, including Minister for Justice McDowell, wouldn't recognise Bunreacht na hEireann if it jumped up out of their soup and grabbed them by the nose.

I just hope, and I believe it is the ONLY hope now, in what may be a "10 minutes to midnight" situation, that more and more Republic of Ireland citizens will stand up to the lawless and perverted thugs in the legal profession - by pushing Bunreacht na hEireann in their faces at every opportunity - as obviously happened last Tuesday in Galway. Well done, I'd say!!

As the custodians of the law, the legal profession is supposed to be using the law to protect citizens' legal rights: not to bully and abuse them.

Justice Minister McDowell, Bilderberg & Fascism:

Related Link:
author by I. - legalise freedom campaignpublication date Fri Sep 29, 2006 13:44author address author phone

Yes. It happens to be fact RE :mcdowell and bildergerg group ETC. More and more People are becomming aware of the existance of these Organisations and their members whose job it is to carve up OUR World and Countries for a new world order. All Soverign Republics , Constituted Governments and even Monarchies are at risk to a Federal Global one World Totaliterian Regime.

Bunreacht T Shirts , White in colour , are presently being produced for sale to fund a CONSTITUTION AWARENESS CAMPAIGN for all active and aware Citizens who are involved in campaigns throughout the Country, as a means of protection from the Judiciary , Gardai and other entities who are bent on destroying the only means the People of this Country have in defending themselves from the n.w.o.

We on this end are not suggesting that ALL Gardai etc. are bent on this n.w.o. objective. Most are not aware that they are being used. But when Bunreacht is presented before their eyes , they cop on quickly that they are being used. The Gardai's rights are also enshrined in Bunreacht as is the Judiciary and the Executive.
These T Shirt images will be posted on indy soon.

Please support the effort. It is your protection when the time comes.

author by omgpublication date Fri Sep 29, 2006 15:01author address author phone

Fahy's perspective is redolent of the stance of the Turkish government where currently, a writer is being prosecuted for not, in essence, "preserving the dignity of the Turkish nation" - Turkey's horrific slaughter of the Amnenians was this writers righteous bone of contention.

Owen is being prosecuted for "failing to provide his name to a Gardai" and "breach of the peace" or is that "behaviour likely to cause a breach of the peace"?. following the denouement of the EU Social ministers meeting in Galway when some of them were on a walkabout "cultural tour" of the city.

In all fairness that comparison is absolutely horeshit, the guy was arrested for a just reason, skipped(didnt bother to turn up) to hearings judging from previous threads etc throws all sorts of shite at gardai and everyone else and starts to cry when they throw a bit back

he deserves incarceration

author by Seán Ryanpublication date Fri Sep 29, 2006 15:36author address author phone

I think you'll find OMG that what you say has yet to be decided.

Maybe the State would be better employing overt fascists like yourself as judges. Then we could skip the expense of having to try people altogether.

For the rest of us, we'll stick with 'innocent until proven guilty.'

author by Court reporterspublication date Sat Sep 30, 2006 14:07author address author phone

When Sean was evicted ge decided after a little while to do a protest, as explained above.
When he was escorted outside, he stayed there for the whole day. Above are front and back views of the message he gave.

Sean Ryan protesting outside Court
Sean Ryan protesting outside Court

Seán's message from mouth of Minister McDowell
Seán's message from mouth of Minister McDowell

author by Rose of Traleepublication date Sat Sep 30, 2006 15:50author address author phone

I'm delighted.

More Bunreact, and less Bilderberg - that's what we DESPERATELY need.

The words of the late great Brendan Behan come to mind: "May the blessins of jaysus be upon ye".

Related Link:

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