Erris fishermen sentenced to 3 months for 'assault'

by arpiai Wed Jul 11, 2007 21:51

"Three men have been sentenced in Belmullet District Court to three months in prison and fined €500 each, following their conviction for assaulting a garda sergeant during a protest in Bellanaboy, Co Mayo on 12 October 2006.

Patrick O'Donnell, aged 49, from Porturlin Shore, Ballina, his 21-year-old son Johnathan O'Donnell and 21-year-old Enda Carey also of Porturlin, Ballina were all convicted of assaulting Sgt Donal Glennon on that date.

Judge Mary Devins ruled that during a protest the three men formed a scrum and charged the garda sergeant, causing him to fall into a ditch.

One of Sgt Glennon's thumbs was broken in the incident.

The judge added that while she accepted that the men did not directly intend to cause the garda harm, they had intended the assault, and that they were reckless as to what affect their actions would have.

Johnathan O'Donnell was sentenced to a further month in prison and fined a further €200 for assaulting another garda on the same date.

Patrick O'Donnell was taken into custody at the court. Johnathan O'Donnell and Enda Carey were not present when the sentence was handed down and will be taken into custody later."

by Don Wed Jul 11, 2007 22:15

obviously no credibility issues

by cc Wed Jul 11, 2007 22:48

Here's the full video of the event.

http://ie.youtube.com/watch?v=tSMF4GgnC_I

oops!

by opened eyes Wed Jul 11, 2007 22:48

The judge is the wife of Jimmy devins TD, FF sligo/n leitrim. Pat O Donnell had to change.

by gardai with no integrity Wed Jul 11, 2007 22:52

WHO'S COPS?
SHELL'S COPS
and let that not be forgotten. And the local scabs who work for Shell can take some responsibility for this

by Paul Wed Jul 11, 2007 22:58

"The state can imprison or beat us but cannot shoot us or hang us for our resistance. As such, our fight is one for all communities fighting Shell.”

http://www.pulsetc.com/article.php?sid=3006

by misty Wed Jul 11, 2007 23:39

Amnesty International issued a statement that Saro-Wiwa's arrest was "part of the continuing suppression by the Nigerian authorities of the Ogoni people's campaign against the oil companies" and declared Saro-Wiwa a "prisoner of conscience"

Ken Saro-Wiwa - imprisoned for opposing Shell

by Seán Ryan Thu Jul 12, 2007 01:09

Some of what the Judge said in her ruling was quoted by RTE. Am I correct in assuming that the Judge gave a full and reasoned Judgement?

If anyone has a copy of this reasoned judgement I be much obliged if someone would upload it to this article.

The fact that no Garda video evidence captured the alleged assault or indeed the alleged intention to commit assault, it follows that the Judge in making her ruling, decided to take the word of the Gardaí above the word of those accused.

It's also interesting to note that a lot of Gardaí were in a position to give oral evidence but that the alleged incident itself was not videoed. If the alleged incident was apparent and blatant enough to warrant the attention of a lot of Gardaí, why did it not warrant the use of a video camera to capture it. Afterall, it was a narrow road on which the incident happened. Why was the Garda with the video camera (I'm assuming that there was only one) not in a position to capture every event on the narrow road?

I'd like to know what particular piece or pieces of evidence, removed from these people, the benefit of the doubt. At the end of the day, Sgt. Glennon testified in court that he'd been walking along the verge of the road, when he'd been 'struck in the midriff' and ended face down in some water in the ditch with a broken thumb. He said he did not see who pushed him - this is very interesting. He was struck in the midriff and claimed to have been pushed. Could or would three men linked together in a 'scrum' push the Sergeant in the midriff and at the same time be invisible to the Sergeant? If he were pushed in the midriff, he was walking towards his alleged attackers at the time of the incident, surely three grown men linked together and charging at him would have been obvious to him. Indeed they should have been because the area between him and his alleged attackers must have been clear, otherwise the three men would have not been able to get to the Sergeant whilst linked together in a scrum.

Isn't it obvious that the logical conclusion to witnessing these three men emerge along with Sergeant Glennon and his injured thumb, coupled with the evidence presented, that if Sergeant Glennon were deliberately pushed, that he was pushed by only one person, considering that he did not see the 'pusher.' And the fact that three men emerged with the Sergeant, would seem to imply that at most Glennon was caught up in the struggle or whatever facilitated the entry of the three men into the ditch. Damn it all, if it had been the intention of the three men to assault the Sergeant, why didn't they kick the living shit out of him whilst he was face down in the drain and hidden from the world at large and his comrades at arms?

I hope that appeals will be lodged.

My commiserations to all involved.

by blackie Thu Jul 12, 2007 01:21

The deal between Shell and the Irish state was done by a member of the fianna fail party.
FF therefore has a vested political interest in the suppression of any opposition to this deal.
According to an earlier comment, Judge Devins is married to member of the FF party. She therefore stood to gain, albeit indirectly, by the conviction of these men.
She should therefore have disqualified herself from judging this case.

by Max Load Thu Jul 12, 2007 10:28

“Stand up and you will be beaten down.” - Garda instruction to protesters.

The 'Porturlin Three' decided to stand up. They can now add their names to the list of brave Irishmen
who have stood against oppression and betrayal.

Patrick O'Donnell, Johnathan O'Donnell and Enda Carey can hold their heads high.

by Tadhg Thu Jul 12, 2007 12:15

Some of us are holding a solidarity demonstration at the Department of Justice, St. Stephen's Green, Dublin at 1PM tomorrow.

by I don't think so. Thu Jul 12, 2007 12:16

Report of Garda evidence here: http://www.indymedia.ie/article/82730

by cc Thu Jul 12, 2007 12:55

If you are attacked by a group of men wielding wooden and metal batons you are lawfully entitled
to use a certain amount of force to defend yourself.
It's called 'self-defence'

"There is evidence from videos of youth, women and the elderly being pushed and beaten by Gardai without provocation" - GCM report
On this occasion the potential victims were grown men able to defend themselves. The guards met
their match and went crying to the courts.

by her marriage. Thu Jul 12, 2007 15:02

Yes, Judge Mary Devins is indeed married to Fianna Fáil TD for Sligo/Leitrim, Jimmy Devins, as confirmed on the phone by his Sligo Office.

http://www.politics.ie/wiki/index.php?title=Jimmy_Devins

http://www.dohc.ie/about_us/ministers/devins.html

http://www.jimmydevins.ie/

by chrissie Thu Jul 12, 2007 15:58

I'd hoped for some unbiased judgement from the Devins! Instead, here's a further example of the 'New Euro-Driven Ireland': setting money & big companies above people's lives.

by wedo Thu Jul 12, 2007 16:31

http://archives.tcm.ie/westernpeople/2004/04/07/story19...6.asp

a spokesman for the Association of Garda Sergeants said -
“The suggestion that a member of the judiciary has lost confidence in the gardai is very disturbing and members of the force at all levels are very angry with some of the comments made on the matter. The matter is being dealt with through the proper channels and is taking its course but the wider inference that corruption may be more widespread is outrageous,” he added.

Now read it again, slowly -
"The matter is being dealt with through the proper channels and is taking its course"-

What does this mean except that the gardai have an avenue of access to the judiciary which is denied to the rest of Irish citizens? This is a very serious matter.

Judge Devins obviously received a lot of flak for her comments. The question is was she going to
go against the gardai again by finding the men innocent? This would have been another slap-in-the-face
for the guards.
Does she have that kind of backbone?
Would the matter then be 'dealt with through the proper channels'?

by Cork S2Ser - Cork Shell to Sea Thu Jul 12, 2007 17:59

A Shell to Sea demo will take place tomorrow morning (Friday, 13th July 2007) at St. Patrick's Bridge, Cork (aka Pana) in solidarity with the people of Erris in their struggle against Shell. Commences at 8.00am on the bridge.

This demonstration was organised before the latest jailings but the decision of partisan Judge Mary Devins makes it all the more important. Bígí ann.

by cc Thu Jul 12, 2007 18:37

"The matter is being dealt with through the proper channels and is taking its course"

Legally, there are no channels, proper or otherwise to deal with a matter like this. The judiciary are

supposed to be totally independent. The response of the guards should have been that they are

investigating the matter.

They need to explain what are these channels and what are they for.

Judge Devins should now tell us if she was contacted by anybody about this matter.

by Niall Thu Jul 12, 2007 20:51

Fresher and more detailed court report from Max here: http://www.indymedia.ie/article/83407