Natural Resource Activists Convicted

mayo | anti-capitalism | news report

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.

Wednesday, 13th February saw the conviction of three natural resources activists in Belmullet district court, county Mayo. éirígí’s Dominic McGlinchey and Rab Jackson were found guilty, along with Cathal Larkin, of blocking the free movement of traffic on a public thoroughfare. The charge related to the trios participation in a series of ‘sit-down’ protests outside of Shell’s controversial gas refinery site in Ballinaboy, county Mayo on November 9th 2007.

Upon conviction all three were given the probation act and directed to contribute various sums, totalling seven hundred euro, to the Ballyglass lifeboat charity.

However, the presiding judge, Mary Devins, deferred decision for all three men on a more serious charge of obstructing the Gardai in the course of their duty. Instead she initiated a ‘consultative case stated’ to refer the matter to the High Court in Dublin for clarification on Section 19 (3) and 19 (4) of the Criminal Justice Act 1994. Devins felt that it was unclear if this legislator had intended for this legislation to be used in public order situations such as the one that occurred in Ballinaboy.

Given the backlog of cases in front of the High Court it may well be up to eighteen months before the requested clarification is returned, during which time the accused will have no closure on the case.

With regard to both charges Devins noted a number of points including the apparent selectivity of only three individuals facing charges from a protest that the Gardai themselves estimated to be made up of between 60 and 150 people. She also commented on the fact that while each of three Garda witnesses ‘noticed’ (her emphasis) the alleged actions of each of the three accused none of these same witnesses were ably to state with any certainty what the other 60 to 150 protesters were doing on the day.

Speaking outside the court, éirígí chairperson Brian Leeson said that any further delays in concluding the case would detrimentally impact upon the three men and their families.

“All three have had to travel long distances over the last number of months to attend the court sittings, for both Dominic and Rab this has resulted in significant disruption to their young families. They should not be inconvenienced anymore than they already have been by blatant and well-documented Garda incompetence.

“It is a sad indictment on the system of government and law in the Twenty-Six
Counties that three men who attended a peaceful protest, at the invitation of the local community, have been dragged through the courts as a result.

“Meanwhile, the real criminals in this case – Shell Oil – are free to rob our
natural resources without the bat of an eyelid in establishment circles.”

Brian concluded: “I would like to take this opportunity to commend Dominic, Rab and Cathal. Perseverance from people like them has insured that the community in Erris and the wider Shell to Sea campaign has a real chance of winning the battle for local consent and public control of our resources.”

éirígí's Brian Leeson, Rab Jackson, Dominic McGlinchey and Shell to Sea's John Monaghan outside Belmullet Courthouse

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Comments (3 of 3)

Is this Ireland or the "third World"?

by Nora

Wed Feb 20, 2008 21:37

noorazao at hotmail dot com

Malaysia

00-60125394924

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.

Selectivity

by MacE

Tue Feb 19, 2008 22:34

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!

Major Implications

by Legal Eagle

Tue Feb 19, 2008 19:21

Fair 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.

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Natural Resource Activists Convicted

Comments (3 of 3)