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Natural Resource Activists Convicted
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Tuesday February 19, 2008 17:52 by éirígí - éirígí
Three convicted in Belmullet Court Three natural resource activists convicted for their role in Shell to Sea protest in November 2007 Apologies for the delay in posting of story.
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Jump To Comment: 1 2 3Fair play to three lads. We need more like them.
Re the legislation that was send to the High Court for clarification - it is my understanding that if the court rules against the manner in which the Gardai are currently using it there will be implications for how they handle all public order situations in future.
The legislation in question refers to an individual obstructing "a police officer" in ther course of their duty. The key word in that sentence is "a". In the case above and in many other cases the Gardai have used this legislation on the basis that an individual(s) prevented the Gardai as a force and not as individuals from performing their duty.
In the case of Dominic McGlinchey above the Garda didn't even bother alleging that he himself had had any interaction with McGlinchey. Instead he said that he had observed the accussed returning to the road on a number of occasions and that this constituted an obstruction to the Gardai in the perfomance of their collective duty. This same cop admitted that he didn't caution or direct the accused prior to his arrest. (For the record this is the cop who came out with the 'you've got your mother's eyes and father's stubborness' comment!).
If the courts rule that this use of the legislation is contrary to that intended by those who penned the legislation the lads will likely get off. It will also mean that in future cases it will have to be proved that an individual prevented an individual Garda from performing their duty. Maybe not a massively significant victory but a victory none the less, tying the cops hands a little bit tighter.
The hypocrisy of the cops is stunning. It's virtually impossible for Mayo people to get arrested at the protests, as that would send out the wrong message. As soon as handy "outsiders" turn up, they're grabbed. Fair play to the men involved, I hope they return to north Mayo. They deserve all the support we can give. Beir bua!
I really can't understand why peaceful protests especially brave CITIZENS of Ireland can be disrupted by police in the EU? In the "Third World" is common enough! Can anyone answer me why Shell cannot be charged under EU Convention on Human Rights and Sustainable Development? I'm not a legal expert so needed some clarification; thanks.