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.
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.