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Court Report of Maura Harrington's jailing
mayo |
crime and justice |
news report
Thursday March 12, 2009 08:56 by Rudiger
Yesterday evening Shell to Sea spokesperson Maura Harrington was sentenced to 28 days in prison in relation to an assault charge arising from the incident at Pollathomais Pier on the 11th June 2007. This was the incident in which Garda led by Superintendent Joe Gannon with the assistance of a Shell digger forced their way onto private property, against the wishes of the landowner, so that Shell could place a portacabin at the base of the pier. Maura Harrington has been brought to Mountjoy Prison. Also at the moment, Rossport Solidarity Camp member Niall Harnett is in Castlebar Hospital after being kept in overnight, after being allegedly assaulted in Belmullet courtroom by a number of Gardaí including a Garda that he was due to prosecute in Achill court tomorrow morning, for a previous assault. Mr Harnett’s injury occurred when he attempted to act as a witness to a Shell to Sea supporter who was being questioned by a Garda at the back of the courtroom. However Mr Harnett was unceremoniously bundled from the courtroom by 2 to 3 Gardaí and came out the other side of the double doors with injuries. It remains to be seen how serious these injuries are. The last I heard he was getting further x-rays on his back and neck.
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Jump To Comment: 1 2 3 4 5 6 7 8 9 10 11 12 13 14Another well-detailed report from Rudiger. It seems like a mistrial when the accused can't offer video evidence. Best wishes to Maura, Niall, Naoise, & all the campaigners. Be with you soon.
Thank you for all your detailed court reports. It's important that somebody discloses what's going on in Mayo for people like me, not living in Mayo or even Ireland. All the best to my fellow campaigners, especially Niall.
How can this be called a "Court report" or "well-detailed" when the author of the original post writes:
"Overall I can’t give a judgement on the assault charge against Ms Harrington as I wasn’t in court for the hearing and didn’t see the incident on the day ..."
I would have thought that the very least that would be required for a "court report" to be compiled is that the author actually turned up at the court and witnessed the case. It's this sort of sloppy presumption that undermines the case against Shell that is made by S2S and others.
Just in reply to "Same as Usual" to clarify my attendance in court. I was in court yesterday and that is why it is titled "Court Report of Maura Harrington's jailing". I wasn't in court for the hearing of the assault charge in the January and so I didn't write a court report for that day.
Although I don't really see how my attendance or not in court "undermines the case against Shell that is made by S2S and others".
The Irish govt.ministers who are travelling abroad for St.Patricks day should be confronted in every country they visit.They squandered our wealth,gave away our natural resources to ROYAL DUTCH SHELL/STATOIL, then jail people of conscience who oppose them.The jailing of MAURA HARRINGTON was a political decision.Send The beggars home ,SHAME them.
Note to Indymedia editors:
This is the article that should be featured. It has actual information about what happened. The other featured article just states Maura Harrington has been imprisoned without any further information.
Whilst I think it awful that anyone would be sent to prison for slapping a guard, the unfortunate reality of any struggle is that if a protestor raises their hand to a cop they can expect the full force of the law to come down upon them. The way people are reacting on this site, you would think they are shocked and surprised that she has been imprisoned.
I have a mate who punched a guard after he verbally abused his mother (called because his younger brother was caught nicking a fuckin Mars bar) and he got a 20 day suspended prison sentence.
This is happening everyday in marginal communities across Ireland. Why dont 'activists' organise vigils/ protests outside the courts every day to highlight the legal injustice working class communities in Ireland face every day.
The Gardaí have been throwing people around with impunity; at the McGrath's Pier invasion, I saw Gards throw Maura (a tiny woman) like a dry branch onto the side the road, as well as other non-violent protestors. They then proceeded to supervise the installation of a steel Portakabin at the pierhead, breaking all Health & Safety regulations by riding on a JCB which they were using as a weapon against the people there.
It isn't just 'working-class' people who get the butt-end of Garda 'law & order' - anyone who defends their rights & lands is liable to Garda attack, & the danger from Shell's raw gas pipeline & polluting refinery threatens people of all classes, ages, & opinions.
We were very sorry that Maura Harrington has been imprisoned on a minor matter. Concerning the violence the Garda have carried out over the years in Rossport and got away with, it is one rule for them and another for anti Shell Protestors like Maura.
Maura, we are thinking of you and hope your stay will not be too traumatic. We know you will make fruitful use of your enforced stay.
For more than 30 years the majority of Irish people have known about Fianna Fail political corruption and we chose to ignore it, we are now reaping the reward for our inaction. Our Country is going down the tubes, our police and judiciary are corrupt as is the police ombudsman quango and most of the other institutions set up by Fianna fail. Our opposition parties are choosing to ignore what is happening in our society they all fail to realise that when the public lose respect for the Gardai' judicary and political system the public will seek ways to repay their crimes against the people.
The problems relating to "Judicial Tyranny" -- of the kind that are probably responsible for Maura Harrington ending up in jail -- were foreseen by some leading lawyers a long time ago.
For example, Thomas Jefferson (Principal Author of the American Declaration of Independence), viewed "with alarm the subversion of the judiciary and its independence of the nation", and devoted the final part of his life trying to prevent it: with only very limited success unfortunately, as far as the present day situation is concerned.
Among Thomas Jefferson's many thoughts on this crucially important political and social issue was the following:
"It should be remembered, as an axiom of eternal truth in politics, that whatever power in any government is independent, is absolute also; in theory only, at first, while the spirit of the people is up, but in practice, as fast as that relaxes. Independence can be trusted nowhere but with the people in mass." (From: http://www.restore-government-accountability.com/judici....html )
No "trial by jury" in Maura Harrington's case, and consequently no possibility of restrictions of any kind being imposed (in court) by the "people in mass" on Judge Mary Devins decision.
See also "Judicial Tyranny, Separation of Powers, Republic of Ireland":
http://www.google.com/search?hl=en&q=Judicial+Tyranny%2...earch
Any citizen who is put at risk of being criminalised and/or being imprisoned by the State should (in my view) be automatically empowered to demand a "trial by jury": if that is what the individual put at risk so wishes.
Otherwise, we have an extremely dangerous breeding ground for both judicial tyranny -- and, far worse, STATE TYRANNY as well -- right here in the Republic of Ireland: and, as Maura Harrington's present situation (in jail that is) all too clearly shows, the nefarious incubator is already producing some very nasty and socially destructive output (as I see things at least).
Trial by Jury - The Final Legal Check on Tyranny:
http://www.google.com/search?hl=en&q=Trial+by+Jury+-+Th...earch
Article 38.2 of Bunreacht na hEireann (the Constitution of the Republic of Ireland) states that "minor offences may be tried in courts of summary jurisdiction" -- that is "trial by judge" (without a jury).
And, to make matters even worse, there is no definition of what a "minor" offence is in Bunreacht na hEireann.
The waters get even muddier if you try to find a definition in the "Citizens Information" web site (which I assume is a Government site); it says: "The distinction between the constitutional concepts of minor and non-minor offences equates more or less with the statutory distinction drawn between summary and indictable offences." (Taken from http://www.citizensinformation.ie/categories/justice/cr...cases )
What a mess? What a recipe for State Tyranny?
From http://www.fff.org/freedom/1295e.asp (and with Maura Harrington in mind):
"Ordinary citizens have been — and still are — outgunned by wealthy, powerful, special interests whose fortunes too often depend upon forcing people to observe laws that are not in the public interest."
"America's Founders were worried that the central government they created might someday grow too powerful and begin to pass laws which would violate the rights of the sovereign people. But they had an 'ace in the hole' — a magic bullet — that they believed would suffice to hold this new, experimental government in check. That was the right to a trial by a jury of one's peers."
No such worries it seems for the Founders of the Republic of Ireland??? -- and now look at us.
One of the main blockages we are up against is a grossly ill infromed populace.
State/Corporate media ensure this treachery is buried, only appearing with a story when it has some form of a negative which they can spin against Shell to Sea or anyone who questions the 'reality' of the situation.
One plausible antidote to this would be a nationwide campaign advertising the websites which have accurate info on the situation.
Otherwise our efforts and awareness remain within the domain of the activists and isolation will remain the name of the game for the state and shell.
Information is power let us spread the news of the rotten deal, the deal to end all deals.
Lets hope Dennis O'Brien sticks it to all the rotten Irish Media, its well overdue a complete overhaul.
The economics of the media require further synergies. This means we could see the emergence of one key media conglomerate in the independent sector to rival RTÉ. What odds that Denis O’Brien will control INM, Communicorp and TV3?