Today at Good Friday Ploughshares and Mary Kelly case in Clare

by Joe Sheehan Thu Jul 24, 2003 16:36

Jenny Hannon, Martin McGowan and Mary Kelly were found guilty of tresspass and fined 300 euro each.

by Eoin Dubsky Thu Jul 24, 2003 17:48

I'm sorry I couldn't make it over today to Tulla, and very sorry of course about the court's verdict. Will they appeal?

Did J Mangan make any further comments about activists (as the Indo quoted him saying a few months ago -- the man has some neck!) or the US military at Shannon?

Jenny, Martin and Mary transformed Tulla District Court again today into a space for exposing the crimes of US-led warmaking in which we are all implicated. Just as they did some months ago when they "went over" at Shannon Airport to convert that space into one that serves life over death.

All the while they acted in ways did not dehumanise their enemies, but still put a mirror up to them so they can see what they do. J Mangan seems to have missed yet another chance. The police, airport police and army are still providing cover for the gunrunners at Shannon. Airport employees seem organized enough to threaten strike action over the possible break-up of Aer Rianta, but wouldn't strike to stop the military flights. Still we've got to keep at it!

by Joe Sheehan Thu Jul 24, 2003 18:06

From what I have heard there is talk of an appeal though that is as yet unconfirmed.
Judge Mangan did compare all three to terrorists in his summing up.
Tim will be adding a fuller report of todays court case when he gets back to a computer.

by iosaf Thu Jul 24, 2003 19:13

I'm relaying this to other protesting groups, of all the Shannon arrested activists how many are left to face trial?
I think all have been done now, and most acquited on criminal damage charges but all prosecuted on tresspass charges. ¿am I right? sorry for being thick but I do forget.
Thanks again to everyone who made the sacrifice all the ploughshares, the peace camp, all those who went over the fence, and of course the unique and very special Mary. I suppose now it's time for benefit gigs and stuff = 300 people @ 3€ a pop.

by BlackPope Thu Jul 24, 2003 19:19

"They have done something courageous, they have done something in defence of a higher principle. They need your help. Today the Judge tried to shut the door on them.

He said their acts of conscience to stop a War-Machine are not relevant, because they cannot make these decisions, they are only 'Citizens'!

And Citizens acting on their conscience brings about social anarchy!

He spoke of the 'Rule-of-Law'.

But you know what the 'Rule-of-Law' is, when improperly applied?

It is merely a veneer of rules that allows the Government on the one side to operate outside the framework of the law, while preventing individual citizens from holding the Government accountable to the rules of law."

Scott Ritter, paraphrased from speech in Galway, 3 July 2003


Mangan has flaunted his manifest bias ever since the Dubsky case. This latest shameful contribution to isolating the real Criminals from the Law tallies nicely with his to-date unblemished record in that respect.

With a concerted effort this Administration of Injustice will soon be brought to an end!!

Withhold the Blood-Tax, it would only go to help Refuel more Bombers at Shannon. Best defence is a good offence.

Schalom, BP

by a ploughshares defendant Thu Jul 24, 2003 21:04

Appeals aren't always a good idea. You run the risk of creating bad case law that limits the defense of the next activist crew.

People have to discern how far they want to take their resistance/nonco-operation. Refusal to pay fines and rtisking jail would be great. The peace movement has good cred in Limerick prison. the government will use fines as a means of attrition against the movement. But people can't be pushed or guilt tripped into taking the next step. All a movement can do is offer the solidarity that makes the next step easier to take....whether that has been the fund raising around fines or the solidarity expressed for folks in jail etc. etc.

Sustained nonviolent resistance is the best way of supporting these three defendants and the Pit Stop Ploughshares facing trial in Dublin. They don't want sympathy or applause, just company!

There have been roughly 100 plowshares actions over the last 20 years. The follow up resistance such as the Good Friday potato planting has been lower risk but important and significant.

Hopefully it won't end here.

by Justin Morahan Thu Jul 24, 2003 23:36

Love and solidarity (from outside jail/court/Garda cells) to Jenny and Martin and Mary. Sorry I couldn't make it to the court but five of us remembered you at the Spire and got a good reaction. Will be at the Spire again tomorrow, I hope, with the Pitstop Ploughshares.
Hope everyone is in high spirits - and thanks.

by Katherine Fri Jul 25, 2003 15:56

So where does Judge M reckon that the defendants are going to get such an amount of money? and how did he reconcile such a figure? his consideration of the situation is inconsistant and pathetic.
Well done to the corageous Jenny, Martin and Mary. My thinking would be to agree to pay the court about €1 a month paid for the next 3OO months -no more, they can't sqeeze it out of you. this will show up that fines are pointless and only creates admin costs rather than being a so called punishment or deterent.the fine then reduced to its poinless level, the defendants are decriminalising themselves where the courts so feebly did not.
see you soonxx

by 4urnfo Fri Jul 25, 2003 16:49

http://www.costofwar.com/

by self-seeking, egotistical hanger-on Fri Jul 25, 2003 23:19

Mary, Jenny and Martin got Euro 300 fine or 15 days prison in default.
They were not banned from Clare! Whether this was an oversight by Judge Mangan, or a realisation that such bannings have no legal precedent was not clear.
What was clear from the outset was that no matter what defence was put forward they were going to be found guilty.
Mary, Ed, Tim, and Nuria spoke passionately and convincingly. Tears glistened in several eyes as Nuria spoke.
The Judge appeard to be in sleep mode for part of the proceedings.
The saga of the banners continues. Tim and the judge failed to reach an agreement on the definition of the term vecinity so he cannot have his banner back. The banner taken from Eoin can only be reclaimed by Eoin. The judge has 'kindly' allowed him to request its return at any of his courts, Shannon, Ennis, Tulla, Killaloe etc. Why do I feel that Eoin may have the same difficulty as Tim with the definition of vecinity? Looks as if these banners and the placard may yet spend the winter in Tulla Garda Station!

by Deborah Birmingham Sat Jul 26, 2003 14:24 dbng' at hotmail dot com Dublin 8

Some of the testimonies in court in Tulla provided usefull information which may be of interest to you all.

First up to take the stand was retired Army Commandant Mr Edward Horgan, of the peace camp and anti-war-movement.

Ed confirmed that documentation was furthered by the state in relation to Wepons on Mass Distruction landing in this state. He stated "On 10th June,42 cruise missiles passed through Irish Airspace. On 28th March, there were at least 3 planeloads of troops. There were approx. 110 US soldiers armed with automatic M16 rifles capable of firing, and pistols. On that day over 330 troops passed on 3 flights. In addition: 100,000 rounds of ammunition, each round is capable of killing a person"

Ed, in support of the defendents said that part of the Nuremberg Demand is the obligation on every citizen to prevent crimes against humanity which was confirmed by Denis Halliday (former Ass Sec Gen of the U.N in Kilrush). On being asked by defence why he was there in court, he replied "It is hugely important that each citizen obey and respect the law and the priority of law. People have an absolute duty to try and prevent crimes against humanity, we have a legal duty, not in
breaking law - but in complying with a higher law"
In relation to Mary Kelly, Jenny Hannon and Martin McGowan on trial, he said "their actions were not only lawful - but they were morally obliged to do so"

Stating that the war on Iraq was both "illigal and unacceptable" Ed then outlined how between the begining of jan 2003 until april 2003, 50,000 US troops had passed through Shannon Airport on their way to war in Iraq. Therefore,Ireland did partake. According to Ed, we helped kill tens and thousands of Iraqi people. Ed described how he was not a pacifist, he had been in the army and believes where military intervention is necessary, he believed in Irelands participation in it. Therefore, Mr Horgan, given his previous experience and testimony proved a powerful witness.

He finished his informative testimony by saying he was outraged by what was happening, and said
with some difficulty that he was ashamed of his country.

The second witness was Naghan Mustafa an Iraqi National,who gave emotive testimony as to her involvement with the Anti-War-Movement.

Naghan described how her aunt died through drinking contaminated water (from Depleted Uranium), and how her cousin, a medical student in Iraq;is traumitised because she could do nothing about the children with multiple cancers (referring to the genocidal sanctions which,
brought her country to a halt).
In defence of the three peace activists,she said "These people tried to prevent an on-going war since 1991, and a massacre in my country...there are principles and morality upholding International Law" Naghan said she had spoken with a number of International Human Rights Lawyers, including Ramsey Clarke (former US Atorney Gen) who helped her form the view that "this was an act of legal and moral obligation"

During Naghans emotive testimony, Judge Mangan had his hands over his ears with his head down even though Naghan was directing her statements at him.
She commended those few people who sought to inform themselves in relation to the sanctions despite the Irish Governments "veil of silence". Naghan spoke of how "our humanity is denied as a people" and
"our dead are not acknowledged...Colin Powell said it was not a number that interested him"

But it interests the peace activists, and that is why they are on trial for upholding international and constitutional law and morality. That is why people like Ed, Naghan and Tim testified for the defendents. That is why Ramsey Clarke, Dennis Halliday and Michael Birmingham travelled from the US and Baghdad respectively to testify for Mary Kelly in Kilrush. That is the reason so many people in Ireland care and protest.

That is why all the people who took direct action at Shanon are risking their livlihoods and liberty. To protect life and crimes against humanity. They need our support. We all need to look to ourselves and think where do we go from here. Military planes are still landing in Shannon, it is as Mary Kelly stated "no longer a civilian airport".

The third witness was Mr. Tim Horrigan who has been monitoring the militarisation of Shannon ceaselessly. In his testimony,Tim said that
since late September 2001, a huge amount of airplanes MO11s, DC10s arrived. There were 767s, North American Airlines carrying US troops, C130s (or Hercules), C20s, C40s. There were US Marine Corps, Giant C5 military transporters, A10s and F16s. He said that the list he gave was not the complete one, there were more. Tim argued that his involvement in the Peace Camp was because he believed what was going on in Shannon Airport was illegal under constitutional, domestic, international law, The Hague Convention, The Rome Conference and the international criminal court (section 8B23). "It is a war crime to utilise civilian airports and I disagreed with passengers and staff in Shannon being used as Human Shields". Tim finished his testimony saying he was outraged at what he has seen in Shannon Airport.

The prosecution did not cross-examine or contest any of the testimonies or evidence given by the three defence witnesses above.

Guarda Foley, sworn in at 12.38pm denied on oath that when he arrested Mary Kelly on the 18th August, he said "You don't know the half of it" or "There should be thousands here at
Shannon".

One of the peace activists, Mary Kelly said she was in Shannon for a protest and that they were not allowed to march. "A Hercules C130 landed around 2 o'clock...police denied this. They said no US forces had landed there" Mary calmly explained to the court that she had a growing concern that the media were not focussing on the amount of airplanes landing in Shannon and The Nuremberg Judgement was made during the Nuremberg Trials in 1949 to call citizens to act...when crimes against humanity are threatened". Mary outlined her belief and respect for constitutional law and international Law as enshrined in the UN. She said she believed she was upholding International Law in her act and hoped that her actions would help preserve human life,as a mother and a nurse. She believed her actions were vital as at the time the Guardai were saying no US warplanes were landing.
Mary Kelly stated that she would not do it again as "there is no need for me to do it again, I have made my point. It is not a civilian airport anymore"

This is indeed true, taking the testimonies of Tim Horrigan and Ed Horgan into account, which included factual information provided by the Government about the US military traffic passing through and over Shannon.

The Defence (John Devine)in his summation, spoke of how the defendents "represent the conscience of this country...they were not motivated by greed or by criminal minds. They did not go over with a criminal intent, but that it was right and that it was moral. The State has put these people where they are today. They might not be here today, if planes of Mass Distruction were not landing in Shannon Airport. The evidence, uncontested, given by Commandant Horgan told us about the planes landing in Shannon. Enough to blow up Shannon and Limerick city. These people laid an alter of peace, they did not hit anyone. They are peace loving people. In this case, thousands of lives were lost due to the greed of others. These three cared. People in frustration tried to stop it.Can you blame them"

However, Judge Mangan in delivering his verdict did. In my opinion, he gave an outragous delivery, which brings shame to his position and the halls of justice in this country.

Judge Mangans Summation (in part)
..."These two cases {Mary Kelly}{Jenny Hannon and Martin McGowan}are not about the rights and wrongs of the situation in Iraq. These two cases are not about the rights and wrongs of the Irish Governments position on Iraq. It is simply an exercise in ascertaining whether the Law has been broken or not"
"Given a VERY small number of people are before the court and those who have not seeked to go outside the law to protest...Over the past 30 years or so, far too many people on this island have died as a result of people taking a grievience.." (one of the defendents verbally objected at this point to the insinuation of their actions being on a par to terrorists}

Mangan continued {nearly spitting out his words} "Too many people come before this court who know little about democracty or the workings of democracy and who know nothing at all about good manners! What has been offered here today by the defence, as an alternative to protesters is a recipe for anarchy. I cannot condone that. I convict all three...for each of these cases convict on 300 euros each"

Indeed, Judge Mangan who has made outragous comments in the past, lived up to his reputation today. To link three peace activists with terrorist activities is absolutely outragous. To disregard the defence, which was a 'defence of conscience' which involved the War on Iraq is of great concern. This happened in Kilrush also in Mary Kelly Vs The People of Ireland.
Another matter of concern.Is the judge more or less saying,because there are so few people going before the courts,they do not represent wider public fears and conscience. The numbers game again.
What does this say about us, in the wider Anti-War-Movement and what response do we deliver to it?

Acts of peacfull civil disobedience have long been recognised internationally; as a method of resistance to crimes against humanity and injustice. Gandhi and Nelson Mandela both endorsed it. The Nuremburg Demand calls for it,as a duty. In Kilrush, Ramsey Clarke said 'If there were more people like Mary Kelly, there would be no war" and "what Mary Kelly did was justified in international law"

It is time, I suggest,for all of us (including myself)to re-think our strategies against this illigal war and occupation and show to the likes of Judge Mangan, the government, the media and the world, that Irish people will take civil acts of disobedience if the Government are acting to destroy life and erode international law. if our elected representatives do not listen to the people, it is unacceptable.

Otherwise, we will leave all the most challenging acts to a few couragous, principled people who are left to face the judicial system mostly unsupported by the wider movement. History will not forgive us for not making harder choices and taking the easy road.
There should not be just a few in front of Judge Mangan's court, that he can easily dismiss and demonise, but many. Mass peacefull Civil Disobedience - no less is required!

sorry about the length of this
Deborah Birmingham