Niall Harnett, Shell to Sea Campaigner, High Court Appeal, Monday 17th August.
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news report 
Thursday August 13, 2009 23:20
by Angel - Rossport Solidarity Camp
Niall Harnett, Shell to Sea Campaigner and member of the Rossport Solidarity Camp will appear at the High Court at Cloverhill in Dublin on Monday, 17th August at 11.00am to appeal onerous bail terms.
Niall Harnett will appear at the High Court at Cloverhill in Dublin, Monday 17th August at 11.00am, in order to appeal the extremely restrictive bail terms which were applied to him at Belmullet Court on Thursday, 30th July. Niall is currently serving two consecutive four month jail terms at Castlerea Prison for his part in legitimate acts of civil disobedience and protest against the Corrib Gas Project.
These terms include not being allowed near the Shell compound at Glengad, Shell's refinery site at Bellanaboy, the Shell offices in Belmullet and the Broadhaven Bay area. In essence, these terms mean that Niall would run the risk of being arrested any time he left his home!
Niall has consistently described this project as "socially, environmentally and economically unsustainable", in that it endangers lives and livelihoods, ploughs through special areas of conservation and serves to impoverish the Irish people of their natural resources.
Dublin Shell to Sea will be holding a protest at 10.30am outside Cloverhill on Monday in support of Niall. Please come if you can - he would greatly appreciate some friendly faces.
Niall has also asked that his greetings be passed to Ministers Gormley and Ryan and to thank them for their courage in pursuing the Green vision!
Reminder: Please write to Niall at Castlerea Prison, Harristown, Castlerea, Co. Roscommon.
A huge "thank you" to those who have written already - Niall greatly appreciates every single letter and card - they mean so much ...
Comments (15 of 15)
Jump To Comment: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15Time for Niall to use a real legal team and end his martyrdom, you're a terrible lawyer and the legal sstem is stackd against you.
I have my doubts as to whether 'a proper legal team' would shift the odds sufficiently to give Niall Harnett a better chance of justice; a more proper, truly impartial legal system may be what's needed. Best wishes to Niall & all campaigners for justice.
NIALL HARTNETT : ENVIRONMENTALIST AND HUMAN RIGHTS ACTIVIST, CASTLREA PRISON IRELAND.
If Niall has not had an opportunity in prison to access case law on bail; eg the Ryan and O' Callaghan judgements, he should put it to the court as an opening statement that he has a fundamental right to represent himself, but that he has been denied "Equality of Arms" whereby a person shall not, "in judicial proceedings, be placed at a disadvantage visa vi his opponent."
If Niall is unable to access that case law to defend himself he is in a straightforward Inequality of Arms situation before the High Court, which is an instant violation of the European Convention on Human Rights.
The biggest weakness and problem for Niall is the burying of his story by the media. If the judge at the bail hearing is a certain person who is a 'vacation judge' he will look for any bolthole to refuse Niall bail.
He might baulk at that if there was some mainstream press there but I do'nt know if any word was put out to them.
Nothing is proven against you Niall and you have a clear right to bail.
Very best to you Niall. J K.
I hope that there is someone in our judiciary that has a conscience and a true appreciation of what is going on here. If there is, it is their patriotic duty to speak out and stop the corruption of the legal system in Ireland . It will take courage of course as they will have to stand against their political paymasters.
There has been so many lies told by the government and the Gardai about the protesters that people without direct truthfull information may have formed false ideas,due to their belief that the Gardai never lie.
I would ask any person with doubts about the Corrib debacle
HOW WOULD YOU FEEL IF YOUR HOUSE AND PROPERTY WAS MADE WORTHLESS AND YOUR FAMILIES LIFE PUT AT RISK TO ENABLE A FORIEGN MULTINATIONAL COMPANY AND CERTAIN POLITICIANS TO MAKE PROFIT AT YOUR EXPENSE?
Niall and Maura are well aware of what they are up against and are an example courage and honesty, something that the Irish people would do well to support.
STOP THE CORRUPTION VOTE NO TO LISBON 2.
Just want to wish Niall and Carol and the campers all the best for tomorrow. Hopefully he'll get a conscientious judge that will make an effort to understand Niall's position.
Niall Harnett, hopefully back at the camp soon, where he belongs.
Here's wishing Niall all the best in High Court Appeal on August 17th 2009. Hopefully the Judge whether he be a vacation judge or otherwise sees the light and in doing so allows Justice to prevail. There's good advice in James Kelly's post of August 14th 2009 re/ "Equality of Arms" and the two precedent judgments.
It may help you to know that an effort has been made to try to ensure that all of our elected representatives in Dail Eireann are aware of your present circumstances, and the general situation surrounding them.
Details are available via the two Internet addresses provided below.
TDs (Dail Eireann) Group 1:
http://www.humanrightsireland.com/DailEireannGroup1/16A...l.htm
TDs (Dail Eireann) Group 2:
http://www.humanrightsireland.com/DailEireannGroup2/16A...l.htm
Would someone please post outcome of H. Ct., Appeal
He accepted the bail conditions and is out.
"Not many people know that there is an elite within the justice system that have an immunity to prosecution. That extends a little further until the point that hangers on, like dogs of war, who serve their masters well also share the spoils."
For more information on this situation please see at:
http://trallwmfarm.blogspot.com/2009/08/my-friend-mauri....html
There are all protected under the transitory provisions which are excluded from the Constitution ( under their own terms) for any one to see.
Check Govt.of Ireland Act 1920 for clarification regarding his protection.
what was the point of going to gaol to protest against the bail conditions if he then accepted them to get out?
This Act seems to have been repealed in its entirety under the terms of the Northern Ireland Act 1998, after the Good Friday Agreement?
In the Republic of Ireland it seems the Statute Law Revision Act 2007 repealed the Act some 70 years after the Constitution of Ireland replaced the Constitution of the Irish Free State in 1937.
More on this subject can be found at http://en.wikipedia.org/wiki/Government_of_Ireland_Act_1920
Niall and all those who supported him in his release from Castlerea prison. Well done.
Best wishes
Michelle Clarke
Quotation selected by me:
Freedom is not worth having if it does not connote freedom to err. It passes my comprehension how human beings, be they ever so experienced and able, can delight in depriving other human beings of that precious right'.
Mahatma Gandhi, 1931
Indian political and spiritual leader (1869 - 1948)
I add.....if only the Government could review their decision about our natural resources and the deal that was negotiated in the 1970's when times were more economically strained. These are the natural resources our forefathers fought for and we do not need to exchange colonial masters for corporate masters. There is a case that may have some reference but I don't have the necessary acumen to comprehend it. It is Comyn v. the State 1950. The lead counsel for Comyn against the State was Sean McBride - the State lost the case. It concerned phosphate mines in Clare and phosphate was needed in Ireland during World War II when imports from North Africa could not enter our ports.......
Agree with last comment. Fair play to you for taking the stand. But use every thing at your disposal
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