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Report on Owen Rice in the High Court

category national | anti-war / imperialism | news report author Thursday February 26, 2004 19:53author by Court Reporter - Free the Black Pope Report this post to the editors

Black Pope Challenges Bail Conditions

Report on Owen Rice's High Court appearence, 25 Feb

Background: Owen was arrested at 6am before the action at Shannon on Dec 6th. He was held for 12 hours before being released on 5 (five) euro bail by District Judge Joseph Mangan. After a number of other appearances (all in front of the same judge) at which his bail was continued, he appeared in Shannon Court on Feb 12. Judge Mangan decided, at his own initiative, to add an additional bail condition that Owen was not to enter the County of Clare. He refused to give a reason for adding this conditiopn and Owen refused to accept it. Owen has been in Limerick prison on hunger strike ever since.

On Wednesday 25 Feb Owen appeared in the High Court in Dublin to challenge his detention. He applied under Article 40 of the Constitution, claiming that the detention was illegal. The defendent in this case was the Governor of Limerick Prison, as he is the person detaining Owen.

Justice Finnegan refused to release Owen on the grounds that the governor had a court order instructing him to detain Owen and was therefore acting legally in doing so. He said that if Owen wished to challenge the validity of the court order (what he was effectively trying to do), he had to apply for Judicial Review. He refused to release him on bail on the grounds that he had bail (Owen can come out of prison at any time but only if he accepts Judge Mangan's conditions).

Owen has the option to apply to the High Court for Bail on Monday or to lodge a Judicial Review, also likely to be heard Monday.

Owen will be in court in Ennis on Friday 27th Feb and may well be back in the High Court on Monday 1st March

There will be a national day of action in solidarity with Owen this Saturday (28th Feb). Events known so far are:

Limerick: Vigil outside Limerick Prison, 3pm.
Dublin: Meet at the Ha'penny Bridge 1pm
Galway: Stall on Shop St 10-12

Feel free to add other events around the country as comments to this article.

author by Michelle Clarke - Pacifistpublication date Thu Feb 26, 2004 22:00author email michelle33 at eircom dot netauthor address 6 Wellington House, 85 Wellington Road, Dublin 4author phone 086 272 7400Report this post to the editors

I am pleased to see that three locations have been selected where pacifists can protest on behalf of Owen.

This is a serious case. The bail amount is small but a pre-condition that he not visit County Clare pre-supposes that he is likely to be involved in any further obstruction to the US using Shannon as a route linked to the Iraqi War.

We live in the Island of Ireland. We signed the Geneva Convention. We are at the proactive stage of trying to finalise the Peace Agreement in the North of Ireland. The decision for this is democractic i.e voted on by the people of Ireland.

People need to think seriously. Owen Rice - the representative of pacifist orientated people in Ireland and all over the world is now on hunger strike in exess of 10 days. This man's health will be seriously damaged if it is allowed to continue. I ought to know I have anorexia .........

What about our media.......have they gone to ground. What about the Joe Duffy show? What about Pat Kenny? What about front page of our National Press?

Why is everyone so afraid as we host the EU members? Please remember it was the US and UK that formed the alliance with Ireland slipping in neatly and facilitating the fly over paths and the alleged supply of computer components linked to munitions. Please note that the largest supplier of missiles is based in Derry.

We seriously need to take a position. Remeber the 1st anniversary of the the invasion of Iraq is 20th March.........if the turn-out of people in favour of peace is anything like last year..........We need to take heed.

As you are not doubt aware people of earlier decades who were pacifist include Einstein, Bertrand Russell, the Cisterician Monk Thomas Merton based in the US and many others.

If you are interested -seek out Thomas Merton's 40 plus stanza poem on Peace...........it concerns the Nuclear Bomb and its destruction.

Owen: My thoughts are with you. I understand the principle but am horrified at the inability of the Justice Department to intervene and end a hunger strike........

Owen - words of peace send to me by Sr. Margaret at Mashambanzou in Zimbabwe. She works with people suffering from HIV

'To seek out the bright face of beauty
To reach for the dream, the Star
To see the world through the eyes of tenderness
To love with compassion and open heartedness
To speak a quiet word of comforting
To look to the mountains and not be affraid to climb
To be aware of the needs of the poor, the lonely and the rejected
To believe in the wonder of life
The miracle of creation
The rapture of love
The beauty of the universe
The dignity of the human being
May we clebrate Jesus' birth by sharing his love
AND PROMOTING HIS PEACE

Owen I will light a candle for you

Michelle

author by eeekkpublication date Fri Feb 27, 2004 16:22author address author phone Report this post to the editors

Reported toiday in IT and II

But I still haven't seen anything resembling Journalism on the story in the Irish papers. Not once has it been mentioned that the Judge altered his bail conditions months after the fact from E5 to E5 and a ban from Clare without offering a single reason and without having been asked to do so by anyone resembling a garda.

If this was the general way things operated - anyone up anywhere on a minor charge could be banned from any county for no apparent reason. All the Judge/gardai would have to say was 'peace activist' Now wouldn't that be nice.

author by latex actress.publication date Fri Feb 27, 2004 21:05author address author phone Report this post to the editors

for the benefit of those who don't do the cookie thing.

author by Informedpublication date Sat Feb 28, 2004 00:26author address author phone Report this post to the editors

a.The bishop was Willie Walsh, Bishop of Killaloe, who resides in Ennis.

b. According to judge Mangan he, judge Mangan, has the discretion to change bail conditions even if the state does not request such a change.

Owen was further remanded in custody at Ennis District Court today.
He will be in the High Court in Dublin on Monday, !st. March seeking a judicial review of his bail conditions.
In Ennis today he represented himself magnificently. A detailed report of today's proceedings will be posted later.

 
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