Case against Porturlin fishermen adjourned as judge cites "personal conflict".

mayo | rights, freedoms and repression | news report

Tuesday May 20, 2008 12:31

by justice delayed

Castlebar, Mayo

This morning in Castlebar, the judge in the case involving three local fishermen who were appealing against prison sentences imposed on them, suddenly announced that he was excusing himself from making a judgment.

Judge Rory McCabe told the court that he has a personal conflict in dealing with the case and would not be able to hear it. He declined to say what the nature of this conflict is. He said he would try to make alternative arrangements for another judge to hear the case later this week. The judge in the original case, Mary Devins has been criticised because she insists she has no conflict in hearing case relating to the government backed-Shell scheme even though she is married to a Fianna Fail minister, Jimmy Devins.

Pat O'Donnell

The three fishermen, Patrick O'Donnell his son Jonathan and Enda Carey - were each given a three-month jail sentence and fined €500 at the district court in Belmullet last July.

They were convicted of supposedly assaulting Garda Sgt Donal Glennon during a protest in October 2006 at Bellanaboy Many observers of the origional District Court trial said that the case against them amounted to little more than witness statements from Gardaí. There was no video evidence of the alleged assault.

Last week, a case agaisnt against another local man arising from protests in the autumn of 2006 was thrown out of the District Court when the judge said the garda statements were "confused".

In the case of the three fishermen, Judge McCabe said he will attempt to make arrangements for a different judge to hear the appeal later this week.

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Comments (6 of 6)

Influential Phoenix article?

by goldhawk reader

Tue May 20, 2008 12:41

This is interesting because there was large article in the current edition of the Phoenix (published last week) raising the issue of Judge Mary Devins. It seems she strongly implied that she would take action against the Mayo Echo newspaper unless they apologised for raising the issue of marriage to a government minister and the way she is conducting cases relating to the Rossport situation.

conflict

by C McC

Tue May 20, 2008 19:06

Did the judge specify the nature of his conflict?

adjourned til September

by TMcG

Tue May 20, 2008 19:23

It seems not.

I've heard on the grapevine that it was something about representing Shell as a lawyer at some point in the past, but I imagine most judges would have represented a huge amount of clients when they were lawyers, so I can't believe it can be something like this. If that is all he's got, I would start to strongly believe that the case was adjourned for political reasons.

It would obviously be harder to push the pipeline through the strategic infrastructure planning process while a group of local men where in jail.

I heard today as well that the case has been put off until September, which, again, would make me think they want to get the awkward summer of planning hearings ouit of the way before they start locking people up.

Incidentally, can anyone remember a previous incidence of a judge withdrawing from a case like this? Irish judges are usually very insistent that they can be impartial. During one of the Ploughshares' trials the judge insisted he could hear their case even though he was a personal friend of GW Bush (as far a s I remember, when pictures of him holidaying at the president's ranch were revealed he eventually stepped aside).

Context

by Catherine

Wed May 21, 2008 00:20

It is worth noting that the Appeal date, 20th May, was also the date of Shell's AGM in The Hague.

Shell did not want any connection made between the jailing of the Rossport 5 on the day following the 2005 AGM and the same story three years on despite all Shell's spin about being 'good neighbours' in the meantime.

Also worth noting that what Shell wants, Shell gets ... so far ...

Corrib appeals delayed as judge cites 'personal conflict'

by IT reader

Wed May 21, 2008 13:57

Corrib appeals delayed as judge cites 'personal conflict'

A CIRCUIT COURT judge cited “a personal conflict” as the reason for his adjournment of an appeal hearing yesterday involving three north Mayo fishermen convicted of assault at a Corrib gas protest.

Judge Rory McCabe told Castlebar court that due to this “conflict” he would not be able to hear the case and adjourned the hearing until next September when another judge will preside.

The appellants – Patrick O’Donnell (49), Porturlin Shore, Ballina, his son, Jonathan (21), of the same address and Enda Carey (21), Porturlin, Ballina – were all convicted of assault and sentenced to a three-month prison term by Judge Mary Devins at Belmullet District court on July 11th last. They denied all charges.

The alleged assault, during which Sgt Donal Glennon of Strokestown Garda station sustained a broken thumb, happened during a protest near the site of the Corrib gas refinery, at Bellanaboy, on October 12th, 2006.

During the original two-day hearing the court was told that the defendants had formed a scrum and pushed Sgt Glennon into a three-foot deep drain of bogwater.

The court was also told that he was back-flipped and hit in the midriff.

At the same court, Jonathan O’Donnell was also found guilty of assaulting Garda Barry Byrne on the same date and sentenced to a one-month prison term to be served consecutively.

Counsel for the accused, Alan Gannon, urged Judge Devins not to impose a custodial sentence since the men were all of good character and were not at a risk of reoffending.

Mr Gannon observed that Pat O’Donnell – known locally as “The Chief” – was renowned for his community work in the area and for his pivotal involvement in sea rescues.

Fifteen Garda witnesses attended yesterday’s adjourned case, as well as a group from the international watchdog, the Global Community Monitor.

Goldhawk

by N S

Thu May 22, 2008 20:32

Nonsense and all sorts of bullying go on in the inferior courts. Devins is a perfect example, she has plenty of form in this area, her judicial colleague Mary Fahy ended up in the Phoenix as well back in OCT 2006, after "banning" persons taking notes in the Public courtroom, including an indymedia reporter amongst the banned and forcibly excluded.

The pages of the Phoenix is not a place they like to have their mugs splattered accross along with satirical and accurate commentary on their quirks of behaviour. I would not underestimate the first commment on this article re the Goldhawkpiece the previous week and this judge recussing himself from making a judgement in this case.

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Case against Porturlin fishermen adjourned as judge cites "personal conflict".

Comments (6 of 6)