S2S man hospitalised, his prosecution case dismissed in his absence

Thursday March 12, 2009 18:52

by C

I just received a text from Niall Harnett saying that he just managed to walk and doctors are reasonably happy that no serious damage has be done to his back and neck. He has soft tissue trauma to the upper back and neck. He may be released tonight.

A hospitalised S2S man had his prosecution case thrown out today despite fax from hospital explaining that he was unable to attend court.

Niall Harnett being removed Belmullet courthouse

I attended court in Achill today which was due to hear the case in which Niall Harnett was attempting to prosecute 3 Belmullet Gardaí for assault. However due to injuries sustained in Belmullet courtroom yesterday, he was unable to attend as he is still being held in Castlebar Hospital and further examinations are being carried out.

In his absence Judge Devins dismissed the case against the 3 Gardaí even though she received a confirmation by fax from Castlebar Hospital that Niall Harnett was being kept in for further investigation and so couldn’t attend court. Judge Devins cited that fact that the fax (which was on headed notepaper and stamped with the date) wasn’t addressed to the Court Service specifically and instead was entitled “To whom it may concern”. Judge Devins had also wanted the fax to contain some details on the prognosis on Mr Harnett, however the Hospital refused to put the patient’s medical details in the fax.

It was also pointed out by a member of Rossport Solidarity Camp who was called to give evidence of Mr Harnett’s absence, that one of the Garda defendants had been involved in the incident that led to Mr Hartnett’s injury.

Judge Devins continued to show her bias and contempt for the public and S2S when she accused the camper, who had taken the stand to explain Niall’s absence, of being motivated to speak to Niall last night not to ascertain his condition and well being or to organise to cover for him at court but whether to get a bus load of supporters to court. He was questioned by Devins and defence solicitor Liam Guidera in detail about all his communications with Niall, his knowledge of the case etc. What relevance this had to Niall being unable to attend court because he had again been assaulted, this time inside the court in full view of the judge, by 1 of the same Gardai that Niall was prosecuting, is unclear. Liam Guidera is also a legal adviser to Fianna Fail.

This is another absolutely shocking decision against Shell to Sea and justice generally by Judge Devins.

Letter from Hospital to court