Aer Rianta again threatens activists. My reply.

clare | anti-war / imperialism | news report Friday June 27, 2003 15:29 by Tim Hourigan Limerick

Aurthur Cox and Co avoid questions.

On June 3rd I received a letter from Aer Rianta's lawyers (Aurthur Cox) threatening me with imprisonment if I attend further demos at Shannon airport. Shortly afterwards, Commandant Ed Horgan and fellow planespotter and peacecamper Conor Cregan received identical threats.

see my reply to this at.
http://www.indymedia.ie/newswire.php?story_id=51020&search_text=trespass

this week I got another letter, not answering my questions but repeating over and over the same threat. HERE is my reply which I will hand deliver to Aurthur Cox's offices tomorrow during Grassroots.

They don't want to debate the war, now they want to stifle protest. And these are the people who tell us they're safeguarding democracy.

From: Tim Hourigan

My reference: AC4

Your reference : AJL/sab

27th June 2003

Aurthur Cox
Earlsfort Centre
Earlsfort Terrace
Dublin 2
Cc: Martin Moroney, Aer Rianta Shannon, Noel Hanlon, Aer Rianta Dublin

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 19th June 2003 but received by me after the 23rd June. On the 21st June I attended another peace demonstration at Shannon. I intend to do likewise in future.

I thank you for your letter but regret that you have chosen to ignore my questions or have not at least indicated that you are consulting with your client on the answers.
I feel you are obliged to answer these questions as you are in effect trying to limit my freedom of movement and expression beyond what was consented to in the High Court and thus, the onus is on you to justify and defend your assertions.

Your letter merely repeats an assertion that protests are not allowed at Shannon airport and that I have breached a High Court Order. I again refute this as baseless.

I asked if you intend to seek a similar order against ALL of those persons who attended the aforementioned protest at Shannon on April 12th 2003. You say that Aer Rianta has taken similar actions against "other PLAINTIFFS".
I would ask that you clarify that statement as it does not confirm if Aer Rianta is acting or attempting to act against ALL persons who attended the protest.
I do not wish to know their identities as that is their own private business. I simply wish to know if Aer Rianta is being selective with its actions (perhaps "other PLAINTIFFS" refers only to Tim Hourigan, Commandant Horgan, Caoimhe Butterly and Conor Cregan?) or if your client is holding all the protesters to the same standard for this perceived trespass.

With regards to the question for permission to assemble and protest, it is not the usual practice for unarmed and peaceful persons to seek prior permission to enter an airport any more than they would seek permission to enter a public park.
I'm sure Aer Rianta's staff would be overwhelmed by requests from the travelling public if they had to deal with granting permission to enter the airport.

As pointed out in my last letter, only one named defendant was required to have "license granted to him so to enter" all others were restrained from trespassing. I believe I am abiding by this order in this regard.

There seems to be a major misconception that the airport is a private place.
In fact Supt Kerin said as much to us when he blockaded a protest on June 21st.
I had a copy of the Air Transport and Navigation Act (amendment) 1998 with me and pointed out section 59 (b) which states that
"For the avoidance of doubt it is hereby declared that
(b) a State airport is, for the purposes of any enactment, a public place.
http://193.120.124.98/ZZA24Y1998S59.html

I informed him of course that we would comply with the byelaws restricting access to the airfield and other such specified areas not normally accessible without boarding cards or other such authorisation.

Seeing as how the airport is a public place and that under the constitution we are entitled to peacefully assemble in a public place I fail to see how this can be construed as trespass.
On the aforementioned protest of April 12th 2003, we did not seek entry to the specified restricted areas such as the airfield or customs and no official of Aer Rianta asked us to leave or told us that we were trespassing.
In fact if Supt Kerin was acting as an agent of Aer Rianta on the day, please confirm this to me as asked in my previous letter.

I point out to you that the assurance given in the court by Mr. Martin Moroney was as follows: "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 protest."

I took this assurance in good faith and it was on this basis that I consented to the order being made.
Since the order I have only been on Aer Rianta's property for the purpose of lawful and peaceful protest.
Subsequent statements made by Supt Kerin lead me to believe that perhaps Aer Rianta did not make this assurance before the court in good faith.
I would like this point clarified IMMEDIATELY AND WITHOUT AMBIGUITY.
Was I correct in accepting that Mr. Moroney gave his assurance in good faith?
If it was made in good faith, then is he not now breaking the assurance by seeking to prevent us from engaging in lawful and peaceful protest?

As Mr. Moroney refuses to meet us or talk to us, we receive reports of Aer Rianta's position via Supt. Kerin whose manners as a a perceived representative of your client should be cause for concern on your client's part.
Is Supt. Kerin acting as an agent of Aer Rianta at protests and is he aware of the assurance made by Mr. Moroney or acting on his instructions or recommendations?

I would also like to point out that the map provided by Aer Rianta's legal department has not been accepted as valid by the Garda Siochana.
The map shows the foreshore as being outside of Aer Rianta's land boundary. When we attempted to access this land we were prevented from doing so by Sgt. Jim Ryan (CL 7 -station unknown) and an unidentified Detective. We showed them Aer Rianta's map but they stated that they did not accept the map. Could you please advise the Garda Siochana that your client is not claiming to have annexed these lands (although it is illegally polluting the area with unlawful discharges of untreated sewage) and give them the clear position as to the validity or otherwise of Aer Rianta's map as produced in the High Court documents.

I have no wish to engage in protracted correspondence on these matters and thus I would like all these questions answered fully in your reply to this letter.
I would also like an indication as to whether Mr. Moroney is going to clarify or retract the remarks referred to in my letter of June 3rd.

I again remind you that your client, in conjunction with others is in gross violation of international law.
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