Yesterday, in Ennis, the denouement of Mary Kelly's travails against our criminal government started

by basta ya Fri Oct 29, 2004 22:46

no connotations meant by using the author name ya basta. Thanks for the correction! Meant to say, enough already. So, for the record- ahora basta por favor! That's in relation to Mary's situation and the war in Iraq.

by toneore Fri Oct 29, 2004 20:54 toneore at eircom dot net

by the pendantic outrage above.To wit:

"Are you aware that "basta ya" is one of the slogans of the zapatistas and that "basta ya" is one of the slogans of the "Spanish victims of terror support network""...

So, they're both using the same slogan? Doesn't at least one of these groups actually use ¡Ya Basta!, anyway?.

by eekkk Fri Oct 29, 2004 20:45

http://www.freewebs.com/mary_kelly/trial3_ennisOctober04.html

by esperando te. Fri Oct 29, 2004 17:20

why did you chose to exercise your right to remain anonymous with the name "ya basta", and not the usual "basta ya". Are you aware that "basta ya" is one of the slogans of the zapatistas and that "basta ya" is one of the slogans of the "Spanish victims of terror support network" which has often been accused of pursuing a political agenda not exactly in keeping with impartial victim support?
This mightn't seem important to you, but for a reader who understands these differences it seems to hint at something else. = Were you hinting at something else? Or if you were just trying to say "enough now" and you really want to say it in español you could opt for "ahora basta por favor" which has no other connotations.

Meanwhile,
Suerte con todo Mary!
Let's hope this sentance is a "token one". This whole thing has been going on a very long time, and must have been horrible enough already.

by Ya Basta!!! Fri Oct 29, 2004 15:27

Dear James,

How dare you accuse a total stranger of thinking he 's "an expert in law"? How dare you accuse a stranger of "kicking the law around at his convenience?" Your accusations are based on a few comments, a few opinions, expressed by a complete stranger. Your comments suggest that you are in fact, an expert in law. How else would you be able to make such lofty legal comments? Then again, maybe you're not a legal expert. Maybe you're just another pathetic cop cruising indymedia, keeping the status quo, allowing foreign armies to pass unchecked through our neutral (???) country and whatever else you people are paid to do.

by eeekkk Fri Oct 29, 2004 14:46

I heard a lot of legal detail about the why of this but I don't have the competency to understand these details conveyed to me by phone from Ennis. Hopefully someone on the scene will update later in a more comprehensive way.

by kufe Fri Oct 29, 2004 14:01

Maybe I'm missing something here.
But what has a 737 cargo plane on its way to Sicily from Texas with a shipment of tyres and spare parts got to do with Iraq?
How did causing €1.5 million worth of damage to this aircraft (entirely incapable of dropping a bomb and utterly useless in a war situation) achieve anything?

by James Fri Oct 29, 2004 12:42

This was a kangaroo court?
Justice was not done?
When you thought the war was illegal under international law - you were law experts and the law was a useful tool, now you are even more expert in law and instead of a tool the law is something to be kick around at convenience.
You will never open your eyes - the law is not your plaything and it is not on your side.
The law is only interested in justice - not your whinges, have you no loyalty to any principles?

by ya basta!!! Fri Oct 29, 2004 00:25

Mary's trial was a kangaroo court, a miscarriage of justice, a silencing of small facts and yes, of the bigger picture. The war in Iraq will become clearly relevant to Ireland soon enough if Shannon continues to be used as a stomping ground for U.S. death squads. Today, I'm ashamed to be Irish.

by TuYaSabes Thu Oct 28, 2004 21:13

- HANG YOUR LYING HEAD IN SHAME, SO-CALLED "JUSTICE" CARROLL MORAN, YOUR DIRTY WORK HAS PAID OFF SURPRISINGLY WELL - A POSITION OF HIDEBOUND IGNORANCE IN THE HIGH COURT BECKONS

- MARY KELLY, CONTINUE TO WALK PROUDLY ALONG THAT HONOURABLE PATH YOU HAVE CHOSEN - YOUR DO YOUR FELLOW CITIZENS A GREAT SERVICE BY EXPOSING THE GALLING CORRUPTION IN THIS COUNTRY

JUSTICE BETRAYED - FURTHER DELAYED

HASTA LA VICTORIA, SIEMPRE

by Tommy Donnellan - Galway Mary Kelly Support Group Thu Oct 28, 2004 20:40

The verdict was a majority of 10 / 2 for
GUILTY


Mary Kelly gave this statement to the press at the Courthouse steps:

I am saddened by the verdict given, but not surprised. I did my very best, with the assistance of my supporters and family members, to show the jury the full and true facts of this case. My defence was hindered and closed down from the beginning by the trial judge. Under the circumstances, the jury could hardly have found the truth of the matter regarding my innocence or guilt. They are not to blame for this - the case will go to appeal and the final verdict has not yet been spoken.

by Tommy Donnellan - Galway Mary Kelly Support Group Thu Oct 28, 2004 20:08

As yet, no further info to report - there will another posting as soon as I hear from Ennis.

by eeekkk Thu Oct 28, 2004 19:54

hear no evil
see no evil
speak no evil

by Tommy Donnellan - Galway Mary Kelly Support Group Thu Oct 28, 2004 19:32

GUILTY, SENTENCING TOMORROW MORNING.

by pc Thu Oct 28, 2004 19:28

from calre fm guilty of criminal damage without lawful excuse 10-2, sentencing tomorrow, dang

by Tommy Donnellan - Galway Mary Kelly Support Group Thu Oct 28, 2004 19:06

Three hours now and the jury is still deliberating.

by JudgeWatcher Thu Oct 28, 2004 18:41

That's it! I've got it! The judge couldn't see how the Iraq war could be relevant to Mary's case because he's not even aware of it. He's not aware of the changes to the Criminal Damage Act, which were made in 1997 by the Non-Fatal Offences Against the Person Act either. As far as he can tell you can only use the necessity defence for immediate -- in time and space -- threats. And anyway... President Clinton hasn't declared war on Iraq, has he?

by Eoin Dubsky Thu Oct 28, 2004 18:33

A District Court Judge in Hamburg mailed me to send on his best wishes to you. Lots of others from the Trident Ploughshares mailing list send their love too.

If you're acquitted, there won't be another night when the gunrunners will be safe at Shannon Airport! If the jury send you down, you've got more than enough in Judge Moran's pronouncements about "immediacy" to launch an appeal... *immediately*.

by eeekkkk Thu Oct 28, 2004 18:30

unsure if any lawyer is involved in defense

by Saoirse C Thu Oct 28, 2004 18:25

Better still, if the judge has got it wrong on the law -MK will have clear grounds to appeal against a conviction if that is the jury's decision.

by Ray Thu Oct 28, 2004 18:15

Why didn't the defence lawyer point out the judge's mistake on this issue, bringing in a copy of the legislation?
If Kelly isn't found guilty, doesn't this leave the verdict open to being overturned?

by Tommy Donnellan - Galway Mary Kelly Support Group Thu Oct 28, 2004 18:06

The jury has been deliberating for almost two hours now and have returned once to seek clarification on the issue of "Lawful Excuse".

by Tommy Donnellan - Galway Mary Kelly Support Group Thu Oct 28, 2004 17:15

The jury has now retired to consider their verdict, following "instruction" from Moran that the war in Iraq and the US military use of Shannon airport are "not relevant issues" in her case.

by Tommy Donnellan - Galway Mary Kelly Support Group Thu Oct 28, 2004 16:39

The jury are currently been instructed by Judge Moran before retiring to consider their verdict.

Prior to this, Mary, in her impassioned plea to them, said, she took full responsibility for damaging the US war plane, that she had to do something, "To stop the daily slaughter in Iraq. Referring to Moran's ruling that most of her witnesses evidence was inadmissible, she said; "Do you think it irrelevant ,that I acted to save lives". In her final words, our heroine told them, that the consequences of war were too real and she was, already, in contact with the family of the kidnapped aid-worker, Margaret Hassan. "I want peace, I ask you to find me 'not guilty' ".

by Tommy Donnellan - Galway Mary Kelly Support Group Thu Oct 28, 2004 14:58

Addressing the jury, counsel for the DPP, Mr Stephen Coughlan, told the jury the event's of Jan 29th, 2003, had never been disputed, he told them, we have it as fact that Ms Kelly went to Stand 22 and damaged the plane, even if she believed the plane would drop bombs on Iraq and her belief's were held honestly, two wrongs don't make a right, he said. Further; "her acts were nothing less than vigilantism, you cannot take the law into your own hands and while people have the right to protest, responsible Irish citizens do not go around damaging other peoples property".

In her closing address to the jury, Ms Kelly told them, she damaged the US plane as a direct result of threats made by the US government to the people of Iraq. The fact that I damaged the plane is true, she said, the facts you must decide on are different. Ms Kelly told the jury that her defence had been severly restricted when evidence and witnesses such as Denis Halliday, Daniel Ellsberg and Ramsey Clarke were never heard and when internationalv law was ruled irrelevant, her closing speech is currently continuing and she has asked the jury to think about her action and beliefs, questioning, what they would do, if placed in her shoes.

Following closing statements by Judge Carroll Moran, the jury will later retire to consider their verdict (John Cooke's 1pm, Clare FM's radio broadcast). AS THEY COME IN/ARE HEARD, FURTHER UPDATES WILL BE POSTED.

by Starstruck - DGN Thu Oct 28, 2004 14:37

All the best to Mary in the closing stages of what has been a long drawn out affair of injustice.
All Anti-War activists and decent ordinary people are with you.
Solidarity also to Tommy and all the Galway crew who have done sterling work since the whole saga began.

by Robbie Thu Oct 28, 2004 14:36 Rialto

far braver than any crew dropping bombs from on high.

Hoping you don't get a conviction for having the courage of your convictions.

Irish judges are unaccountable

by Michael Thu Oct 28, 2004 11:10

Just to clarify: The 1991 Act was amended in 1997 by Section 21 of the Non-Fatal Offences Against the Person Act:

21.—Section 6(2) of the Criminal Damage Act, 1991, is hereby amended by the substitution for paragraph (c) of the following paragraph:

"(c) if he damaged or threatened to damage the property in question or, in the case of an offence under section 4, intended to use or cause or permit the use of something to damage it, in order to protect himself or another or property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another and the act or acts alleged to constitute the offence were reasonable in the circumstances as he believed them to be."

If you look at the 1991 law (http://www.irishstatutebook.ie/ZZA31Y1991S6.html) you can see that there *used to be* an immediacy clause (S 6.3.c.i). In 1997 our lawmakers *removed* that clause however.

If Judge Moran believes that the law is wrong he should seek a judicial review, or use his access to power to try and get the law ammended in another Act. Until then though he should shut up about all that immediacy crap, cause he's just talking shite.

by This part Wed Oct 27, 2004 21:38

The sage-like Ramsey Clarke (former U.S. Attorney General and longtime peace campaigner) testified for 30 minutes about the adverse effects of U.S. foreign policy, stating facts and figures about the effects of long-term low-intensity conflict in Iraq since 1991. He expressed deep concern about the sanctions, with at least 585,000 young children dead as a direct result of them. He also compared Mary’s action to somebody removing the bullets from a gun that would otherwise be used to kill someone. The prosecuting counsel strenuously questioned the relevance of Clarke’s testimony, and asked him the following question: “If someone broke into your house and did 1.5 million euros worth of damage, how would you feel?” Clarke replied that if his house was capable of complicity in the murder of innocents, he’d be actively offering invitations to people to come and damage it. Clarke was asked the question several times (apparently the prosecutor felt he hadn’t answered it), and gave the same reply each time. I am sure many bizarre questions are asked in courtrooms, but this one strikes me as similar to asking Rosa Parks “If someone sat in your usual seat in the bus, how would you feel?” Removal of context, universalizing of the particular, seems to be a tool used by empire time and again. And, because we all know that the master’s tools will never dismantle the master’s house (to borrow from Audre Lorde), all that a defence can do is to continually push the focus back to the context in which an action occurs.

by pc Wed Oct 27, 2004 20:42

http://www.indymedia.ie/newswire.php?story_id=60268

Good article on revelance of evidence in last trial

by hugh Wed Oct 27, 2004 19:29

"Judge rules iraq evidence irrelevant"

whats changed since last time?
what did the judge change?

by Eoin Dubsky Wed Oct 27, 2004 19:23

Prosecution: But Mr Hourigan, can you see bomb bay doors on this aircraft? Can it drop bombs?

Tim: It can carry bombs to people who want to drop them, but it cannot drop them directly.

Prosecution: It is NOT a bomber.

Tim: There is a difference between the legal definition of a bomber and what the military calls a bomber aircraft. If a bomb must be dropped then Northern Ireland was never bombed.

by Tommy Donnellan - Galway Mary Kelly Support Group Wed Oct 27, 2004 18:58

The following has been transcribed from today's 5pm, radio broadcast of Clare FM's, John Cook(e) : Under cross-examination by the state, defence witness, Tim Hourigan, a plane-spotter at Shannon told the court that he used cameras, binoculars and, night-vision equipment to monitor activities at Shannon airport and it was he who told Ms Kelly the nature of the US City of Dallas military plane, while he agreed, that it could not drop bombs, it could deliver such cargo, when asked, if he was involved in or condoned Ms Kelly's action, he said; "No, I only wish I was brave enough to do the same".
Evidence for the defence from Dr. Ray Murphy, a lecturer in International Law at NUIGalway was disallowed, when Ms Kelly questioned him on the background to the war in Iraq, an issue on which, Judge Carroll Moran, has repeatedly ruled irrelevant to this case.
Barry O' Donovan, a former civil aviation engineer, gave the court, what he described as ball-park figures for the damage caused to the City of Dallas plane, following his limited examination from a distance, he told the court, that the total repair cost would not amount to more than $150,000 based on his own experience and not $1.5m as stated by the US Navy. Under cross-examination, Mr O' Donovan admitted his figures were something of a guess-estimate, when it was put to him, that the evidence of US Commander, Kurt Schaedal, was more reliable.
The case resumes tomorrow morning, when the jury will hear closing statements from both sides, before retiring to consider their verdicts.

by Eoin Dubsky Wed Oct 27, 2004 18:30

Tim was on the stand three times at Mary's request. The 4th time he was recalled by prosecution. Prosecution asked questions that he didn't know answers to (bad move). Tim let rip about bombs and stuff like that several times.

(This is what I make from a text message I received from Tim just now. Anyone else with more info please share here. IMC Editors: Please put back Mary's Axe image at top of newswire on homepage - more newsworthy surely than "ladyfest".)

by Tommy Donnellan - Galway Mary Kelly Support Group Wed Oct 27, 2004 17:27

The latest that I have, is that Judge Moran has prevented Mary from presenting further evidence, to the court, on the war on Iraq. In her ongoing defence, she put it to him and the jury that the total damage to the disarmed plane amounted to no more than $150,000 rather than the $1.5m claimed by the US navy.

by Tommy Donnellan - Galway Mary Kelly Support Group Wed Oct 27, 2004 16:18 tommyjoe at eircom dot net

The news, so far, is that today's proceedings have been further delayed due to legal argument raised in the abscence of the jury. It is expected that Mary will conclude her defence this evening. FURTHER UPDATES WILL BE POSTED ON INDYMEDIA AS THEY COME IN.

by Michael Wed Oct 27, 2004 01:04

There hasn't been an "immediacy clause" for the necessity defence Mary is using since 1997, when the Non-Fatal Offences Against the Person Act amended the Criminal Damage Act (1991).

In his ruling against Eoin Dubsky earlier this month in the same courthouse, J O'Donnell also leaped back in time to find him guilty because his defence under Section 6.3.c of the Criminal Damage Act ("Lawful excuse") wouldn't hold cause Iraq is so far away and the USAF weren't killing anyone in Shannon Airport when he was painting their warplane there. *sigh*

Luckily though the jury might not be so conservative. They mightn't be into time travel, like our government-appointed friends at the bench. Mary let her conscience give the orders that day, now it's their turn. Ignore the judge - he's misguided in law and may not even be in complete control of his senses.

by Tommy Donnellan - Galway Mary Kelly Support Group Tue Oct 26, 2004 20:17 tommyjoe at eircom dot net

Due to the delay of info coming from Mary's camp in Ennis, as a stopgap, here's John Cooke's (Clare FM) 5pm report : In the short time the jury of 8 men and 4 women were present for today's proceedings. Judge Carroll Moran cautioned Ms Kelly on sticking to relevant issues in her defence, he told her, that the defence of lawful excuse refers only to an action taken to prevent a threat to a person, their property, or other persons, but only when that threat was of an immediate nature. He gave the example of damaging the knife of a potential attacker, brandishing such an implement and went on to inform her, that the war in Iraq and the presence of a US plane did not impose an immediate threat to her or other persons when she damaged the U.S.A.F. navy plane on January 29th, 2003. Ms Kelly has continuously protested, reiterating her defence that she acted to prevent crime and save lives in Iraq throughout the course of the trial, Proceedings were delayed for much of today's sitting due to legal issues raised in the abscence of the jury. The trial resumes tomorrow morning at 11 0' clock.

by Tommy Donnellan - Galway Mary Kelly Support Group Tue Oct 26, 2004 17:29

NOT RELEVANT ! - Judge Carroll Moran ruled today in Ennis Circuit Court that the use of Shannon airport by the US military and the war in Iraq are "not relevant" to Mary's case, (a fuller update will follow later on).

by Michael Tue Oct 26, 2004 17:15

Nobody mentioned the ISAF forces before you did Kav. They're filling-in in Afghanistan, while US and British soldiers are deployed to other areas. If the Anglo-American invaders had to fight their wars alone they would be so far stretched at this point that they'd need to reintroduce the draft. But that's not the point anyone here has been making. We're talking about the overflight and refueling of US military flights in Ireland. That's participation.

by Kav Tue Oct 26, 2004 12:46

Ireland has several (7) officers deployed with ISAF. They are involved in security monitoring in Kabul. It's an important mission with involvement of many EU countries. I think it's unfair to say that we're participating in a war. I think ISAF is an important mission, with tangible if limited successes to date. I think it's very unfair and inaccurate to say we're participating in any war there. I've said it before and I'll say it again, this neutrality gimmick which we perpetuate is nothing more then a joke and it should be scrapped completely.

by Michael Tue Oct 26, 2004 10:51

For starters David, Mary Kelly has already stood on trial for her action, and a jury of her peers didn't reach a verdict of "guilty" (it was a hung jury). In our system, like it or not, that means for now she's innocent. You don't need to be familiar with the case, or even with the Irish legal system to understand that it's unfair and misleading to say she did something "illegal".

Mary wasn't just "making a point" that night at Shannon Airport. She wasn't just protesting. She was resisting - directly causing some disruption to the war machine - too.

The Pitstop Ploughshares crew were in Shannon Airport five days later to "beat swords into ploughshares" again. Jenny and Martin returned on Good Friday to plant (potatoe) seeds of hope in the airfield, and further disrupt the military activities there. It took much work on behalf of the corporate media and moderate peace movement to ignore the implications of these few courageous actions. Mary Kelly and the Pitstop Ploughshares crew kept that US Navy plane out of the war. Their actions also frightened away three companies who were gunrunning and troop transporting via Shannon for the US military. The Good Friday action exposed the lie that the Irish police and army had "secured" the airport. With some prep, good luck and good will, anyone could get in there to disrupt the military flights.

Alas, Ireland isn't a neutral party to the war in Iraq. Ireland has participated and continues to participate in that war and the war in Afghanistan too. We note from the public record that the Irish government, police and military are all involved. Individuals "on the inside" will continue their work as long as they conscienable can... which is far too long. So what are we gonna do about it?

by David Hall Tue Oct 26, 2004 09:01 daithihall at hotmail dot com Limerick

I think that what Mary Kelly has done is illegal and as such should accept whatever punishment is handed down by the court. She broke the law, there are no excuses acceptable for her brutish behaviour.

There are more ways to get your point accross without having to engage in criminal behaviour.

by Updates Mon Oct 25, 2004 19:45

I know people are thin on the ground, and it's difficult to enter and leave the courtroom during the trial, but please contact someone who's near a computer to post updates here whenever you can. If nobody else is available, you can always text me at +33627090743 and I will post your message up when I receive it.

Folks on international peace movement and disarmament mailing lists have heard about the re-trial and would like to keep up to date too. I'll pass on what is posted from the courthouse here.

by Paul Dubsky - none Mon Oct 25, 2004 12:35

Following John Pilger's interview on RTE Radio One this morning 25/10/2004.....

I had the image of the AXA TV ads running through my mind, only the people in the 'normal life' scenes going about their morning chores, were from around Shannon.

The air-traffic controller doing his job.

The tanker crew refuelling US aircraft.

Clocking-off, driving home, in to the house, child asleep in bed....

And then an almighty explosion. Debris and dust covers everything.

Silence, moans, screaming, carnage, the dust clears, its an Iraqi home.

The US aircraft in the sky above comes in to view, its coming back.

by Supporter Mon Oct 25, 2004 11:13

Sounds like the defence has been totally shut down...not allowed to mention "Iraq" or the "war". Maybe continuing to co-operate with the farce only gives the trial credibility it doesn't deserve, keeps up the pretence that Mary is getting a fair trial. Might be time for non-cooperation or at least folks wearing gags, blindfolds, ear muffs outside the court on Tuesday morning with signs reading
"See no dead Children!"
"Hear no dead Children!"
"Speak no dead children!"

The Irish peace movement may have a long term political prisoner by the end of the week. The trial could end suddenly, incarceration start quickly & the support could dissipate.

While most of us can hope against hope in regards to the integrity of a Clare jury who have spent days being disrupted, confused and dragged in and out of court. Some people should be thinking about how to hit the ground running if Mary is incarcerated by the end of the week. So her oppostion to this ongoing war doesn't disappear form view.

Maybe all this happening? Hard to tell - if you're not gathered in Ennis. It has been near impossible to communicate with the trial over the past week. One mobile phone number should be chosen and this phone number should be publicised and remain outside the court room at all times for people to call for updates. If you don't make it easy for the rest of the country to access the trial, your broader support loses interest. I know I have given up on trying to follow this trial after trying hard for the first couple of days.

It may feel like an intense drama down there but it is not registering on the radar of the minds of those who opposed the war. Good luck.

by tom foxe - the human race Mon Oct 25, 2004 00:17 tom7railway at yahoo dot co dot uk 7 railway cottages, Norwich 01603 464120

Mary is to be admired and congratulated for her moral action, but what have the Irish government and the church got to say about it ? Ireland clams to be a Christian country - how can they square that claim with their active connivance in the illegal Iraq war which has seen the murder of 10s of thousands of people already, and no sign of an end ? People are not stupid, they can see the corruption in the church and the government. I doubt that you will get justice from that prejudiced judge Mary, but you are certainly showing all these crooks and liars up for what they are - keep it up ! Tom Foxe

by Tommy Donnellan - Galway Mary Kelly Support Group Mon Oct 25, 2004 00:05

"Then a woman who I now know to be Mary Kelly appeared from behind the rear wheel of the plane with an axe raised over her head and said: 'I'm here to damage the plane and prevent it going to Iraq and killing innocent children' , before bringing the axe down on the wheel of the plane," - Detective Garda John Geoghegan's trial testimony in Ennis District Court last Thursday, in which he, as it were, graphically describes our heroine's debut from the "wings" into the limelight of our common humanity, conscienceness and outrage against the American Imperial war -machine. For fuck's sake, Mary, we request, no, demand an ad infinitum, ENCORE!, ENCORE!, ENCORE!.

by redjade Sun Oct 24, 2004 13:43

mary

my thoughts and support are with you - whatever the result of this trial, you have achieved much - one small wrench {or axe} lodged in the right place at the right time can stop a machine of any size.

stay strong.

in the words of Mahatma Ghandi:

"First, they ignore you.
Then they laugh at you.
Then they fight you.
Then you win."

by glenda - iawm Sun Oct 24, 2004 12:58

If a car was being driven recklessly along the road by an uninsured or drunken driver, would it be illegal to try to stop the driver from endangering innocent lives?

The war against Iraq is illegal. Evidence of war crimes abound. Mary took an action singlehandly to try to draw attention to and stop an illegal act of war. She should be being honoured by the Irish state, not put on trial. The wrong person is in the dock. Try Bush and Blair, not Mary.
All the best to you, Mary. Many people are with you in this.

by uncle sam Sun Oct 24, 2004 11:00

War may be illegal de jure .....

But de facto any war waged by the glorious imperial USA is by definition a just war

"Then conquer we must, for our cause is just,
And this be our motto--"In God is our trust."
And the star-spangled banner in triumph doth wave
O'er the land of the free and the home of the brave."

by the wig Sun Oct 24, 2004 10:04

A further consideration of the issue from a British viewpoint:

"Leaked Whitehall documents present an extraordinarily revealing picture of how Tony Blair's closest advisers and his foreign secretary, Jack Straw, warned him of the pitfalls of following the Bush administration's march to war against Iraq.
...
The secret papers, leaked to the Daily Telegraph, disclose the extent of concerns in Whitehall about Washington's openly stated objective - namely, regime change, considered illegal by British government lawyers - and the lengths to which senior British officials connived to manipulate opinion.
...
They have added significance in the light of comments last week by Kofi Annan, who said the invasion was "illegal", and of the draft final report by the Iraq Survey Group, which found no sign of WMD (the British justification for war) and no evidence that Saddam Hussein was trying to resume his nuclear arms programme."

by Eoin Sun Oct 24, 2004 10:03

Basically, war has been illegal since the early 1900s, the Kellogg-Briand Pact of 1928 in particular. The only possible lawful excuses are actions authorised by the UN Security Council to keep the peace, and self defence. Any armed attack against another country without the express permission of the UN Security Council for that attack is illegal. The only possible exception is the right to self defence, in accordance with the Charter too.

Likewise breaking other people's stuff (as Mary did) is generally illegal. Lawful excuses exist though in Irish law, including (a) honest mistake ("sorry, I thought it was mine"), (b) honest belief that you had permission to do so ("but you said yesterday I could..."), and (c) trying to mitigate or remove a threat to life or other property. Other lawful excuses from the Common Law include: (a) trying to mitigate or stop a greater crime, (b) acting under duress, and (c) self-defence.

by the wig Sun Oct 24, 2004 09:58

The legality (or lack thereof) of the war in Iraq needs to be considered on two separate fronts:

(a) whether the commencement of warlike operations against Iraq was lawful as a matter of domestic law, i.e. US Federal Law and UK law - the UK and US being the primary instigators of said military action;

(b) whether the commencement of warlike operations against Iraq by the UK and the US was lawful by the law of nations, sometimes referred to as "public international law".

These questions are considered in more detail under the attached link.

by Devil dog Sun Oct 24, 2004 03:11

Exactly how was the war to liberate Iraq "illegal"? Which laws did it contravene? And if it was illegal, are you saying power shd be returned to SH?

by anonymous Sun Oct 24, 2004 01:39

Thousands of children have been/ are being mudered in Iraq by the war machine. Not many people are screaming about that. Mary is.

by primal screamer Sun Oct 24, 2004 00:48

I support Mary Kelly's action hatcheting the war plane. It should be known that she was a member of the screamer group commune that practiced primal scream therapy in Donegal. She lived in colombia with her children when the group moved there.A child from the screamer group was murdered there. She is also a sinn fein supporter.

by Nuin - Pitstop Ploughshares Sun Oct 24, 2004 00:36

-Mary,

Never forget that the war in Iraq is illegal. Even the U.N. has admitted this. One day the REAL Western war criminals will be on trial. Maybe you can cross examine these war criminals when THEY'RE in the docket. Until then, stay strong. Keep speaking truth to power-trippers. One day they'll trip over their own power. See you.

-nuin

by Deirdre Clancy - pit stop ploughshares Sat Oct 23, 2004 20:23

Well done, Mary.

That judge is hostile in the extreme. His insistence that the invasion of Iraq cannot be mentioned in testimony is actually contrary to the Criminal Damage Act, which takes a person's state of mind into account when they perform the so-called damage. If they are deemed to have an honestly held belief they were acting in the interests of others, then they cannot be guilty of criminal damage. Therefore, Mary absolutely must be allowed to explain her motivations in order for there to be fair trial. Even though my faith in Irish domestic law is limited, in that I think it's value-laden in favour of the state while hiding behind a value-free veneer, I still cannot see how this judge is allowed to overlook this aspect of the Act and get away with it. He needs to be taken to task on this, legally.

by ronan white Sat Oct 23, 2004 18:36

mary, keep it up. best wishes from portugal.

by Martha Sat Oct 23, 2004 16:31

Well done Mary!!, you've got the wind in your sails and no one can stop you now.
Unfortunately I can only be in the court room when Uisce is asleep or breastfeeding, otherwise I stand outside playing with him and watching through the window.
It was an almost orgasmic experience to see and feel you in that position of power.
The power of a simple woman and humble human being. You made them look like litle idiots who don't even know where their masculinities went.
We'll be there on Tuesday, see you then my love.

by Tommy Donnellan - Galway Mary Kelly Support Group Fri Oct 22, 2004 21:47 tommyjoe at eircom dot net

At the beginning of the hearing, Judge Carroll Moran ruled that Mary's witnesses would not be allowed to give evidence, in support of her defence of lawful excuse, concerning crimes against peace and humanity. The court was then adjourned for one hour while Mary consulted her legal advisors.

In her opening statement to the court, Mary told the 8 men and 4 women of the jury that contrary to what they had been told by the prosecution counsel, Mr Stephan Coughlan, she had not chosen to conduct her own defence but was left with no alternative when abandoned by her legal team at her first re-trial in June.

Beginning her defence, Mary took the option of calling herself as a witness and gave details of her background; born in Athlone, County Westmeath, she brought her family to Columbia for some years before returning to Galway in 1997, she said, to a very different Ireland from the one she left and with a new perspective on the Western world, Mary went on to tell the court that she has been deeply disturbed and outraged by war since childhood and she began demonstrating her cause on her return. Justice Moran, then, as is his wont, repeatedly intervened, asking her to get to the point and to the events of January 29th, 2003, Mary's riposte was that the act of damaging the plane was an extraordinary one and it would take some time to explain her reasons for doing so.

Under cross examination from the state, Mary insisted that the plane had no business at Shannon airport and its presence was unlawful despite trial evidence to the contrary; when reminded that the prosecution had already "proved" the legality of the plane, Mary's reply was that "Something very rotten is going on in this state if the presence of U.S military planes is lawful at Shannon." Insisting that she damaged the plane to protect innocent Iraqi civilians, she questioned the credibility of the U.S Navy air force pilot, Cdr John Schneider who told the court yesterday the plane in question was carrying a cargo of tyres and spare parts en route to Sicily, when asked if she thought her actions were wrong, Mary replied; "I would not be here if I thought what I did was wrong, I damaged a machine which would drop bombs on children." She then told the court that it was through her work with the Palestinian people in 2002 that she became to understand the nature of a war-zone and developed an ongoing difficulty with the American military machine. In her time at the Peace Camp in Shannon, she said, many Gardai had told her that she didn't know the half of what went on in the airport when she questioned the presence of a Hercules military plane there. Dealing, specifically, with the plane in question, an emotional Mary stated that the plane was part of the build-up to the invasion of Iraq, whatever its contents. Cross-examined at length by the prosecuting barrister, Coughlan, on such issues as the Irish Constitution and her knowledge of the role of the U.S Navy warplane in Shannon, Mary remained, as is her wont, resolute and unfazed and acquitted herself magnificently to the awe of those present in court.

Mary, back her role of defending counsel, called her first witness, the retired Irish army officer and decorated UN Peacekeeper, Edward Horgan, her questioning of him on the nature of the U.S logistics system was halted by Moran who declared Cmdt Horgan's evidence irrelevant.

Her second witness was Mr Denis Halliday, the former UN Assistant Secretary General, who resigned from that post some years back, in disgust, at the genocidal UN policies he was been asked to implement in Iraq, After travelling from New York to testify, Judge Moran insisted on hearing Denis's evidence in the abscence of the jury and ruled that his evidence was inadmissable.

Mary's third witness was the Limerick based anti-war activist, Mr Tim Hourigan, an aviation expert and plane spotter, Judge Moran gave Mary leave, in the abscence of the jury, to ask specific questions concerning the aircraft that was disarmed, However, yet again, in the presence of the jury, her questioning was interrupted by Moran who took over the questioning himself and then terminated Tim's evidence - Tim Hourigan may be cross-examined on the resumption of the case this Tuesday, October 26th at 2pm.

Finally, Judge Carroll Moran summarised Mary's defence, as he understood it, and ruled it inadmissable in law.

by keepingup Fri Oct 22, 2004 20:33

No clear explanation as to why from the judge.

by Perception Fri Oct 22, 2004 15:59

This judge was hostile from the outset.
He was pissed because of the hung jury last year. Further pissed that the case didn't go ahead in June. He is stripping the act ofany context.

There is definitely perceived prejudice in the community that this trial judge lacks of objectivity. He should remove himself from the trial immediately. He is holding the judicial system of this country in contempt continuing with this kangaroo court.

by disobedient Fri Oct 22, 2004 15:46

Iraq war is illegal according to the UN's Kofi Annan - this is new since that time. Someone (on behalf of the irish state) is spitting on the Nuremberg demand. No surprises there.

"Individuals have international duties which transcend the national obligation of obedience. Therefore [individuals] have the duty to violate domestic laws to prevent crimes against peace and humanity from occurring."

* Nuremberg war crimes tribunal 1945-1946

by pc Fri Oct 22, 2004 15:17

how far did they allow the discussion of iraq the last time?
what reason for given for mentioning it...

by disobedient Fri Oct 22, 2004 15:15

No act is comprehensible without a description of its rationale and context.

This is now a show trial and has nothing to do with justice.

by redjade Fri Oct 22, 2004 14:31

Mary testifying Now

Jury removed by judge

MK told by judge that she nor defence can mention Iraq or the war.

considered inadmissable.

by I was there tooooooo - Tell the whole truth Fri Oct 22, 2004 12:20

The more I read the above report the more inaccuracies I see.
Detective Kerins is actually Superintendent Kerins.
Try and stay awake.

by Tommy Donnellan - Galway Mary Kelly Support Group Fri Oct 22, 2004 01:57 tommyjoe at eircom dot net

Today, (Thursday, a bit late with this one) a Mr Liddy, a state witness and a chartered engineer based in Shannon airport, when cross examined by Mary on the safety of parking the war plane in question, 220 metres ( on stand 22) from the Terminal building, possibly having a cargo of napalm and depleted uranium on board and the capability of the airport staff in handling a possible disaster with such material, replied, that he did not think they were able to do so and doubted whether this was an issue with them, the workers. Liddy, probed further, didn't know whether American Hercules transport planes were passing through Shannon airport or, if so, whether they carried explosives.
After Garda Neil Camp's evidence, the next state witness was the pilot of the war plane, Commander Schneider, who politely refused to answer Mary's question on the specific operation he was engaged in that time, explaining that he was not at liberty to discuss any operation of the U.S military. Schneider was discombobulated by our hero's close questioning, asking the judge, at one point, whether it was Mary Kelly or himself that was on trial.
Next state witness was Lt Commander Shaeffer who gave details of the damage inflicted on the U.S Navy plane and the repair costs - circa, a million and a half euro.
When the officer, in sole charge, of the security of the navy plane that night, Det. John Geohegan was questioned by the other side, he stated that Ms Kelly said that she "was there at Shannon airport to damage the aircraft, so as it could not go on to Iraq and kill innocent people." Under cross examination from her, on whether he had ever protected an Aer Lingus plane, confirmed he had never done so. The gravitas of the previous two days was given short shrift and the court rollicked with laughter when the next witness, Garda Liam Reilly, was reminded by Mary of the flowers she had sent him as a token of her appreciation for the humaneness that he had treated her with. The final witness was a Detective Kerins who admitted that 13 or 14 people had made complaints regarding the use of Shannon airport by the U.S military, 3 or 4 specifically complaining of a breach of the UN Charter and that these complaints were investigated by him "to a degree" and he was satisfied that there was no mention of crime associated with any of them. further, he had recorded these complaints in various files over the years in his office and when asked by Mary whether she could see the files, he replied that the Gardai do not provide documents or evidence from files for "public inspection," Detective Kerins was then reminded that a registered letter was sent to him by her to bring them to court as she had a right to see them.Mary finally asked him, whether he would investigate an illegal consignment of guns that were being shipped through Shannon airport to Belfast airport and he assured her that he would. So it went/so it goes !. The re-trial resumes tomorrow.

by Eoin Dubsky Fri Oct 22, 2004 00:20

Much solidarity, best wishes, fingers crossed, hugs , kisses and prayers from Paris!!!

You saw first hand what US weapons do to human flesh in the Occupied Palestinian Territories. You've healed the sick and the infirm. You've brought life into this world too. And that night in Shannon you thrashed that awful military plane, if not to stop the war, then at least to buy someone some time to get out of harms way before the invaders arrived.

Stand proud Mary!

by karen Thu Oct 21, 2004 13:36

good luck mary! hope justice prevails and these people recognise the service you have done for this state and the innocent people whom you tried to save.

by Ciaron - Dublin Catholic Worker Thu Oct 21, 2004 13:09

Good luck and solidarity Mary.

You have done an act of conscience in the face of this war. Hopefully the courtroom vibe hasn't extinguished the consciences that gather in it.
Ciaron O'Reilly
Dublin Catholic Worker

by pc Thu Oct 21, 2004 11:49

.

by mr jinks Thu Oct 21, 2004 10:56

great coverage on the retrial!!!! not!! maybe cos nobody gives a shit about it,,,

by Justin Morahan - Peace People Thu Oct 21, 2004 01:44

Thanks Tommy for these updates, they're invaluable for people like me who want to be there with you but cannot ( a heavy dose of cold keeps me away).

Keep up the good work all of you, I'm with you in spirit

by Cronan Begley Wed Oct 20, 2004 23:09

Just a week or so ago Gerry Adams was on Al Jazeera explaining that the poor Englishman hostage was in fact Irish and because the Irish were against the U.S. war on Iraq, the man's head should not be chopped off. Michael D. was also out an about proclaiming that the Irish people were opposed to the war, the hostage was Irish because his mother was from Dublin and therefore the Iraqi freedom fighters should let the hostage go. Ahern gave him an Irish passport. If the Irish people are against the war and Ahern, Higgins and Adams are their leaders can we expect them to show up at Mary Kelly's trial and testify on her behalf?

by Tommy Donnellan - Galway Mary Kelly Support Group Wed Oct 20, 2004 22:29

Sorry, ! two of Mary's five star witnesses were omitted from the press release, namely, Edward Horgan and Tim Hourigan - fuck it, we'll get it right yet?.

by Tommy Donnellan - Galway Mary Kelly Support Group Wed Oct 20, 2004 21:40 tommyjoe at eircom dot net

Thank you Damian Moran for your kind comments, fair play, your'e a gentleman !. Johnny Jordan - your'e right, so far, there is a lamentable lack of coverage in the mainstream media on her re-trial - further info on Mary can be gleaned on www.freewebs.com/mary_kelly
PRESS RELEASE: Mary Kelly's second re-trial began today at 10.15 am in Ennis Circuit Court, no 2, when the jury were called and selected.
Nurse Kelly will defend herself.
Already in attendance today were two prominent witnesses who will testify in Mary Kelly's defence, mr Dennis Halliday, a former UN Assistant General Secretary and mr Daniel Ellsberg, of 'Pentagon Papers' fame.
Mr Curtis Doebbler, international human rights lawyer, will also testify in Mary Kelly's defence, is expected to arrive at Shannon airport early tomorrow morning, other prominent witnesses due to arrive within the next day or two include Dr. Seigwart-Horst Gunter, an expert on illnesses caused by depleted uranium, and mr Ramsey Clarke, a former U.S Attorney General, A PUBLIC TALK; "AGAINST THE WAR ON IRAQ" WILL BE HELD IN THE TEMPLE GATE HOTEL, ENNIS, ON FRIDAY 22ND OCTOBER AT 7.30PM. THE SPEAKERS WILL BE CURTIS DOEBBLER, DANIEL ELLSBERG AND DR SEIGWART-HORST GUNTER."

by johnny jordan Wed Oct 20, 2004 19:30

Is there anywhere there is info on the trail? I cant find anything on the national papers.

by damien moran - Pitstop Ploughshares Wed Oct 20, 2004 02:50

Best of Luck Mary. We held solidarity vigil for MK at Dail on Monday and informed all at the Berkely Court 'Less Lethal Weapons' Conference yesterday. Cannot be there tomorrow but will be there Thursday and next week.
Will be handing out your leaflets in Dublin tomorrow.
Well Done to all MK's support for their commitment.