SHANNON PROTESTERS
IN COURT AGAIN:
Following Sunday's protest on the Shannon Airport runway
and subsequent arrests, two protesters, Niall Farrell and Margaretta D'Arcy of Galway Alliance against War appeared in Limerick District Court
on Monday, September 2, 2013:
Court
proceedings, Limerick District Court, Monday September 2;
When Niall Farrell was brought
before the Court, Judge O'Kelly asked him if he wished to have a solicitor
appointed to represent him, but Niall Farrell declined the offer and said he
wished to represent himself. When Inspector Kennedy stated that Mr Farrell was
arrested on the runway, Niall Farrell asked if there was proof that he was on
the runway. Judge O'Kelly then intervened and said this hearing was primarily
about a bail application and the main issues would be debated at a later
hearing.
When Inspector Kennedy referred
to the seriousness of this matter, Niall Farrell stated that "all I want
is peace" and their action was a statement about society and the issue
should be the war machine and US military use of Shannon airport. Judge O'Kelly
objected to political statements being made in court. Inspector Kennedy
referred to the dangers of this incident and the issues of safety of the
protestors themselves and the safety of airport staff and dangers to flights
and air passengers. He said that all movements within the airfield were
strictly controlled by Air Traffic Control. Niall Farrell and Margaretta D'arcy
had entered the airfield wearing orange boiler suits and carrying signs
relating to the war in Syria. Photos had been taken by others of the incident
and these photos were immediately published on the internet.
Judge O'Kelly asked if Niall
Farrell was given bail for the incident last year and Inspector Kennedy said
that the issue of bail did not arise on the previous occasion. Judge O'Kelly
asked what were the penalties for this offense and Inspector Kennedy replied
that the penalties carried a maximum of three years on indictment. Niall
Farrell asked what about the other dangers arising from the US warplanes using
Shannon, but Judge O'Kelly again ruled such matters out of order. Niall Farrell
explained that the incident took place during a quiet window when no planes
were landing, and Inspector Kennedy agreed that no aircraft were delayed on
this occasion because of the incident, but he also explained (after being
prompted by Judge O'Kelly) that Shannon airport was an emergency airport for
all flights in the Western Europe region of the Atlantic and that aircraft
could arrive unexpectedly at short notice. Niall Farrell asked if he was more
of a danger than the military aircraft.
Judge O'Kelly asked Niall Farrell
if he was prepared to give a written sworn undertaking not to trespass onto the
airside area of Shannon airport between now and the completion of this case.
Inspector Kennedy said that the Gardai also wanted the defendants to be
prohibited from going anywhere near Shannon airport during this period. Judge
O'Kelly did not agree with this and limited the bail undertakings to an
undertaking not to trespass onto the airside area of Shannon airport between
now and the completion of this case. After some discussion Niall Farrell agree
to this undertaking. Judge O'Kelly then granted bail on their own recognisance
of €1,000.
A similar but shorter
"conversation" took place when Margaretta Darcy was brought before
the court. There was a sharp exchange of views between Judge O'Kelly and
Margaretta D'arcy when the Judge tried to silence her when he claimed that her
comments were "political". "How can you try to depoliticise a
political action" she asked him. The Judge threatened to have her removed
from the court and held in contempt of court if she persisted in making
political comments and a number of Gardai moved towards her at one point as if
to remove her from court.
Clearly the US military and CIA
use of Shannon airport is a very political act, as well of course as being in
breach of international laws, and involving the Irish Government, the Gardai
and the airport authorities in being complicit with war crimes. The Judge
seemed determined to silence this aspect of the case and if this behaviour by
judges in this case continues, then the judges can be accused of failing to
allow all the facts and factors in the case to be heard before the court,
particularly the factor of the reasons and justification for the actions taken
by Margaretta Darcy and Niall Farrell. Their actions were clearly taken in order
to expose and try and prevent the far greater evil and crimes involved in US
military and CIA use of Shannon airport. If they are denied the opportunity to
explain this to the court, then a mistrial will have taken place. Eventually
Margaretta Darcy also agreed to the bail condition to give a written sworn
undertaking not to trespass onto the airside area of Shannon airport between
now and the completion of this case and both defendants were released on bail. Both
Niall Farrell and Margaretta D'Arcy were remanded in bail to appear at Ennis
District Court on 11 September 2013.
The separate arrest of Tommy
Donnellan and his colleague, who had recorded the presence of Margaretta Darcy
and Niall Farrell during their protest, is of serious concern especially the
alleged unduly rough manner of the arrest in which some photographic equipment
may have been damaged and some alleged abusive comments made by one of the
detectives concerning one of the protesters. The Gardaí also impounded the
photographic equipment, mobile phones, laptop computer, car and other equipment
belonging to Tommy Donnellan and his friend, and told them they will be holding
all these items for a period of at least 4 days.
The behaviour of the Gardai in
all these matters is in marked contrast with the complete failure to search or
investigate any of the US military and CIA aircraft that have transited through
Shannon airport or to arrest any of the US war criminals that are known to have
transited through Shannon. There also have been no arrests or Garda
investigations into those Irish citizens, Irish Government officials, and
Gardai who may have been complicit in the war crimes and acts of torture
committed by US troops and US government agents who travelled through Shannon
airport.
It is worth noting that
Margaretta and Niall were both given bail on condition that they do not access
the runway again until after both their cases are heard. The state is accusing
them of having interfered with the "proper" use of the runway.
Margaretta and Niall argue that they went on the runway to highlight the
"improper" use of a civilian airport by the US military. President
Higgins has called for "conversations" in public places about Irish
society, GAAW wishes to hold the conversation about Ireland's role in foreign
relations, on war and peace in the court. By agreeing this limited bail
condition, the court appears to be accepting that the state has a case to
answer over the misuse of Shannon airport by the US military and CIA associated
aircraft. D'Arcy and Farrell informed the court (and the Gardai beforehand)
that they would not accept any further limitation of the bail i.e. to include
an exclusion order from Shannon as a whole. Their view was plain: if the US war
machine can be in Shannon then so can peace activists who wish to protest
peacefully against such misuse of the airport.
Margaretta D'Arcy video:
Margaretta D'Arcy video:
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