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Shannon Activist Threatened With Arrest if He Attends Future Protests

category national | miscellaneous | news report author Monday June 02, 2003 16:49author by Adamauthor email adam at gluaiseacht dot org Report this post to the editors

Aer Rainta Goes Back on Assurances to High Court

In a clear threat that they will be arrested if they attend the upcoming protest at Shannon Airport, at least one of the members of the Shannon Peace Camp was today served with legal papers by Aer Rainta.

The papers threaten that "any further breaches" of the injunction against him will result in their seeking "his committal". This is despite the fact that he has not breached the injunction in the past - unless you count attending organised demos at the airport, something which Aer Rainta claimed at the time he would be able to do.

The injunction was sought by Aer Rainta immediately after the disbanding of the Peace Camp. Under it's terms the named individuals are banned from "trespassing" on Aer Rainta land at Shannon Airport, including the land where the Peace Camp was formerly located. The affidavit from the senior Aer Rainta person at Shannon which accompanied the application for the injunction states that Aer Rainta was not seeking to limit anyone's right to protest. This was reiterated during the hearing before the High Court, at which counsel for the Airport gave an assurance that they were not seeking to prevent anyone from attending "organised protests", merely from trespassing. It was on this basis that a number of the people named decided not to contest the injunction.

Since then, I know from personal experience that those individuals have been extremely careful not to trespass on Aer Rainta land but have continued monitoring the military use of the airport from public roads and footpaths. At the last protest at the airport, on April 12, Garda Superintendent Kerrin tried to use the threat of the injunction against several people, but backed down when shown the actual papers, specifically the statement referred to above from the accompanying affidavit.

Whether this latest threat is a similar bluff or not remains to be seen. It's legality has to be questionable, to say the least, in the light of the assurances given to the High Court in January but it is clearly another sign of the increasingly belligerent attitude being taken by the authorities towards peace activists since the war "started".

author by Fintan Lane - Cork Anti-War Campaignpublication date Tue Jun 03, 2003 00:36author email corkantiwar at hotmail dot comauthor address author phone Report this post to the editors

Incidentally, a number of us who are currently banned from County Clare will be setting up a peace camp on the Limerick/Clare border for the duration of the demonstration in Shannon. All 'banned people' willing to join the camp should contact me at the email address above.

Everybody else: please get to Shannon on Saturday, 21 June! It is important that the government realises that these protests will continue until access for US warplanes is withdrawn. Assembly time is 2pm at Shannon town centre.

Related Link: http://www.harlequincafe.net/corkantiwar
author by Padraigpublication date Tue Jun 03, 2003 02:49author address author phone Report this post to the editors

Where is the Limerick Clare border peace camp to be held.??? Im an anti war activist recently returned from U.C.D to my home on the Limerick/Clare border 400 meters on the Clare side. I met with Ciarian and Damien of the C.W. last week in halla Íde. Where is the camp to be held Id like to help out any way i can.
Also for anyone in Limerick meeting in Halla Íde thomas street Limerick tommorow night (Tuesday) at eight(ish)to help organise local P.R. and campaign for shannon defedents. All interested patties welcome.... (I presume im not organiseing the meeting!!!)

author by kitty-katpublication date Tue Jun 03, 2003 15:47author address author phone Report this post to the editors

Anyone interested in helping Food not bombs (who will be feeding ye all) on June 21st (or generally) should contact [email protected] (it won’t accept messages with no subject header by the way!)

To find out more about Food not bombs check out www.foodnotbombs.net

author by Tim Hourigan - Shannon Peace Camppublication date Tue Jun 03, 2003 19:10author address author phone Report this post to the editors

Aer Rianta had two nameless people arrive at my house yesterday to hand me an envelope before rushing out the gate (where were the "hounds" when needed eh ;)

There was a short letter from the law firm dated 2nd MAY and a copy of February's high court order (made against 22 people from journalists, plane-spotters to plane smashers) along with a handwritten threat of imprisonment if I go to the next demo.

I believe attempts have been made to deliver the letters to Conor and Ed also. (I don't see why they didn't post them, they're not a summons.)

I have sent a reply to Arthur Cox & Co (Aer Rianta's fancy lawyers in Dublin).

It went something like this.

My Reference AC3

Your Reference AJL/ag

3rd June

Aurthur Cox
Earlsfort Centre
Earlsfort Terrace
Dublin 2.

Re: Aer Rianta CPT v Deirdre Clancy and Others
The High Court - Record No. 1468P / 2003

Dear Sir,

I write in reply to your recent letter dated 2nd May 2003, but received by me on 2nd June 2003.

I was not aware that your firm considered the post in this country to be so unreliable that you dispatched anonymous employees to Limerick to hand deliver
a month old letter on a bank holiday, but I commend you on your dedication , if not your speed.

I would also like to enquire if, under this chronologically challenged system, I am likely to ever receive a copy of the summons issued in February but not yet served?

These minor questions aside, I would like to deal with the substance of your letter.
You enclosed a copy of the order made by the President of the High Court on 5th February this year.
I thank you for that and remind you that I was in fact present in court on that date and well remember what was agreed at the time and what advice my solicitor gave me on that date.

You then go on to assert that I attended an anti-war protest march at Shannon airporton Sat 12th April 2003 "without that permission of Aer Rianta" and that this was a clear breach of the terms of the order.

You further threaten me that if I commit any "further breaches" of the terms of the order that you will seek "an order for my attachment" and an order for my "committal" and there is a hand written note threatening "imprisonment".

I was without doubt at an anti-war protest at Shannon airport. I did not ask Aer Rianta to give permission for me to exercise my DEMOCRATIC RIGHT to peaceful protest. Nor will I ask their permission to do so in future.
I refute totally that this was in breach of the order made by the High Court.
I consented not to trespass at Shannon airport. Since then I have not committed trespass at Shannon airport. I have attended organised peaceful protests.
For some reason, the court saw fit to grant your rather illogical request that the 11th named Defendant, Mr. Eamonn Crudden, an independent journalist of good reputation, be "restrained from ENTERING upon the premises of the Plaintiff at Shannon Airport, save and except for the purposes of travelling by air or in accordance with licence granted to him to so enter". These conditions appear to be unique to Mr. Crudden.

I, along with the 6th, 7th, 8th, 13th, 14th, 15th, 16th, 20th, and 22nd Defendants was merely restrained from TRESPASSING. I again state that I have not trespassed on the occassion that I entered along with the other peaceful protestors.

Paragraph 1 of your claim seeks a "permanent injunction restraining the Defendants and each of them, their servants and agents, and all persons acting in concert with the Defendants or any of them, TOGETHER WITH ALL PERSONS HAVING NOTICE THEREOF, from trespassing on the Plaintiff's lands at Shannon airport in the County of Clare."

I would ask then, if you intend to seek a similar order against all of those persons who attended the aforementioned protest at Shannon airport on April 12th 2003?
I would like a clear and written answer from either yourselves or Mr. Martin Moroney who, in section 14 of his sworn affadavit states: -
" I WISH TO MAKE IT CLEAR THAT THE PLAINTIFF DOES NOT SEEK TO PREVENT THE DEFENDANTS, OR ANY OTHER PERSONS FROM ENGAGING IN LAWFUL AND PEACEFUL PROTESTS".

I remind you that this assurance was repeated in the court, and further state that no employee of Aer Rianta, whether Mr. Moloney or member of the airport police asked me to leave during the demonstration (of which they had been given notice by the organisers)

I was approached by superintendent John Kerin of Ennis Garda Station and told that I was in breach of the order. He also made similar statements to Conor Cregan, Commandant Edward Horgan (retd) and Caoimhe Butterly - to whom, I understand he also made a threat of arrest.
I attempted to discuss this with Supt. Kerin but found him to be rude and petty and believe that his tone and manner were designed to intimidate people engaged in lawful protest.
We politely asked if he was instructing us to leave the airport. He said he was not.
We then enlightened him as to the contents of the summons and the order, as he admitted he had not read them. As we showed him the order he walked away not wishing to discuss it.

I would like to know if Supt. Kerin was acting as an agent either of Arthur Cox or Aer Rianta CPT., if he had received any instruction from you in regard to this matter and the nature of any such instruction to him or his colleagues.

I would further like to point out that under the Air Transport and Navigation Act (amendment 1998) "lest there be any doubt, the airport is a public place".

I remind you that your client, in conjunction with others, is in gross violation of international law, is aiding and abetting those engaged in a conspiracy to murder thousands of innocent people, and is in no position to bully, threaten, or otherwise deny the CONSTITUTIONAL RIGHTS of peaceful protestors and IMC journalists.
I regard your recent letter as nothing more than a poor attempt to intimidate me from attending a lawful and peaceful protest. I will be seeking legal advice should this harassment continue.

I have already catalogued several cases of assault and harrassment by Aer Rianta employees, and made a personal complaint to Mr. Moroney about same. Mr. Moroney declined to discuss this. I would appreciate, if you, as his legal advisors were to pass on our message to him.
We will continue to protest at Shannon airport and we will continue to inform the public about the illegal and immoral actions taking place there.
We will not accept assault or harrassment from Aer Rianta employees such as the airport police and we reserve the right to initiate criminal and civil proceedings to remedy any such acts.
We would ask Mr. Moroney to clarify some of his remarks or else retract them.

Example 1. That the camp was "used as a base to facilitate breaches by individuals of airport security and for individuals to inflict criminal damage to airport property, aircraft and PERSONNEL."
Would Mr. Moroney care to state which "personnel" were "damaged" and by whom?

Example 2. "I say and I believe that the intruders ATTACKED THE GARDA (before reinforcements arrived) who needed medical attention AND WAS LATER HOSPITALISED".
Does Mr. Moroney still stand over this statement of would he like to amend or retract it?

Example 3. "I say and I believe that members of the Peace Camp have also undertaken further actions which... are as follows :-
# The INTIMIDATION OF AIRCRAFT CREWS entering/existing (sic) the airport in private coaches"

Would Mr. Moroney care to provide evidence of this alleged "intimidation"?

I would appreciate a speedy and detailed reply to me questions.
I again urge you to advise your client to immediately cease and desist from any and all unlawful activity taking place at Shannon Airport.

Yours truly,

Tim Hourigan

===============================================

author by eeeekkkkkkpublication date Wed Jun 04, 2003 13:42author address author phone Report this post to the editors

author by DMAnpublication date Wed Jun 04, 2003 17:40author address author phone Report this post to the editors

good man yourself. !!!

author by Eamonn - Peace Partypublication date Thu Jun 05, 2003 13:20author address author phone Report this post to the editors

Good stuff Tim.

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