Pit Stop Ploughshares Trial, Day 2

dublin | anti-war / imperialism | news report Tuesday March 08, 2005 18:37 by Scott S-D - Worcester CW Dublin Four Courts

Tuesday, March 8 ,2005
Dublin, Ireland

Court Report Morning Session

After a march led by two Buddhist monks, American Catholic Bishop
Thomas Gumbleton, peace activist Kathy Kelly, and defendents of the Pit Stop
Ploughshares, seventy supporters gathered outside the Four Courts,
Ireland's most prestegious judicial centre. At approximately 10:30, judge
Frank O'Donnell began the procedings by insisting that the trial last
no longer than eight days. "Come Wednesday next week, I have to pull
the plug on it," the judge said; "Can we finish by then?" The defense
and prosecution agreed. The jury of nine women and three men were seated
and the judge introduced them to the procedings and their
responsibilities.

The prosecution opened with another description of the jury's duty,
excluding the possibility that jurors could nullify a judge's instructons
on matters of law. The prosecutor detailed the elements of the two
charges which must be proven beyond a reasonable doubt in order to warrant
a conviction. In general, the prosecutor said a conviction for
criminal damage requires intentional damage to someone else's property. He
said, "I'm entitled to smash up my own car, and sometimes I want to do
it, but that's not criminal damage." He said intentional damage is more
direct than reckless damage; direct action has to be taken. "There
must be no lawful excuse to inflict the damage. There are some
circumstances when the infliction of damage can be excused." He gave as an
example an emergency situation such as a fire. He went on to describe the
specific destruction the defendents are accused of at Shannon airport to
a "civilian-type aircraft." He said that "tensions were in the air
over whether Shannon airport was being used in violation of some people's
beliefs."

He said, "after 3 AM on February 3rd, 2003, people entered noisily with
intent to damage property and they employed implements they brought
with them in beating the nose and other parts of an airplane. The mode of
entry seemed to be through a door that was smashed."

The prosecution's first witness was Tom Liddy, an airport employee who
introduced two maps. The second witness Detective Sergeant John Duffy,
who introduced a book 13 color photographs of specific damage to the
plane and the door. He described "slight damage," "slight dent," "three
little holes on the surface," sslight dent on the edge of the exhaust
pipe," and larger damage on the nose of the plane. Under cross
examination, the defense elicited testimony that full photos would have
depicted US navy military markings and the Texas state flag, and that a
"shrine" had been erected on the scene which included a Bible, a Koran, sets
of both rosary and Muslim prayer beads, and photos showing the
consequences of previous bombings in Iraq. Testimony was also elicited
concerning slogans appearing on the hanger wall and the plane, e.g. "The war
stops here," and "Phil Berrigan, R.I.P."

In spite of the fact that the defense attorneys atated that the case
revolved around "the reckless damage beig wrought on a defenseless
population," the prosecution made no effort to restrict this line of defense.
The judge appears firm, especially as to the matter of the pace of the
trial, but has not iterposed himself to restrict the defendents thus
far.