Urgent: Rossport Five in court today 2pm

by DV8 Thu Jul 14, 2005 13:58

Gas pipeline protesters refused to purge contempt
Last updated: 14-07-05, 12:03

Five men jailed for refusing to end their protest remain in jail after refusing to purge their contempt at the High Court today.

An application for an injunction preventing Shell from resuming work on the Corrib gas pipeline project in north Mayo by the five was also rejected by the president of the High Court, Mr Justice Joseph Finnegan at the hearing.

Shell Corrib Gas protesters march outside the Terminal at Bellanaboy, Rossport Co Mayo.
Mr Justice Finnegan said he could see no point in the men remaining in jail, but added they would have to purge their contempt before they could be released.

In a statement this morning Shell E&P Ireland said it was "very disappointed that efforts to try and find a means by which the 5 objectors to the Corrib onshore pipeline could have been released from prison appear to have failed."

The company said it could not understand why this matter cannot now be resolved following the commissioning of an independent review Minister for Communications, Marine and Natural Resources Noel Dempsey last night.

Shell has also offered to suspend work on the pipeline while this review is being carried out.

The company said it was "very concerned at the disruption and delay that has been forced on the Corrib project".

In a statement issued by representatives of the jailed men, they claim fears over the effect of a leak or rupture from the gas pipeline are behind their protests and that these fears have not been adequately allayed.

© 2005 ireland.com

by rte Thu Jul 14, 2005 12:33

Five Co Mayo men to remain in prison
14 July 2005 11:27

The five Co Mayo men who are in jail following their failure to comply with a court order are to remain in custody after they declined to purge their contempt at a High Court hearing this morning.

Mr Justice Joseph Finnegan also refused to amend the order given on 4 April restraining landowners in the Rossport area from stopping Shell carrying out work on their lands.

The judge also dismissed an application for an injunction preventing Shell from continuing with work on the Corrib gas pipeline project in north Mayo.
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Justice Finnegan said he saw no point in the five men remaining in jail.

However, he said they would have to come before Justice McMenamin to purge their contempt before they could be released.

Shell welcomes Dempsey move

Meanwhile, Shell Ireland has welcomed an initiative by the Minister for Natural Resources, Noel Dempsey, aimed at resolving the dispute over the pipeline.

Last night, the minister said he was ordering a further safety review with a view to ending the standoff.

However, in their initial reaction to the minister's initiative, the jailed men have indicated that its terms of reference do not go far enough.

In a statement issued on their behalf, the men said the core safety issue was what would happen if there was a leak or rupture of the gas pipeline and what would be the subsequent effect on local people at various distances from it.

The statement said the minister's most recent proposal deliberately excludes the safety of the men and their families from his published terms of reference and it was not acceptable.

by redjade Tue Jul 12, 2005 15:01

http://shelltosea.com

supporters outside the Four COurts

the Five going back to Jail until Thursday

Dr Gerry Crowley (independent TD for Mayo) with daughters of detainees

by krossie Tue Jul 12, 2005 14:54

some blockades definetly on for today and Norweigan Embassy thing should go ahead tomorrow - if anyone's in Dublin don't forget the meeting tonight

EENGO offices (above bounty stores in camdem street opposite camden palace) 8 pm

ALL WELCOME

krossie

by Our Los Angeles Correspondent - IMC Internationale Tue Jul 12, 2005 01:24

Today, July 11th was listening to KPFK.org (FM radio broadcasting at 90.7 on the Pacifica network in Los Angeles) and heard the Indy Media On-Air show talking about the Rossport 5 song! KPFK radio http://www.kpfk.org reaches a huge audience here, so Shell's misdeeds are getting a good airing.

by dunk Tue Jul 12, 2005 00:23

last friday the last CIRCA action in glasgow was on the issue of climate change, 40 clowns entered a shell station and turned it into the "rossport 5 aquarium", there were also a selection of mermaids. station was blocked for about an hour with lots of play
cant find pix yet

http://www.commondreams.org/headlines05/0709-03.htm

by eeekkkkk Mon Jul 11, 2005 23:52

Case of five jailed Co Mayo men adjourned
Last updated: 11-07-05, 18:53

A proposal which could lead to the release of five local men jailed over their refusal not to obstruct installation of a high pressure gas pipeline in Co Mayo will come before the High Court on Thursday. The five have been imprisoned for almost two weeks.

The case was before the President of the High Court, Mr Justice Joseph Finnegan, on three separate occasions this afternoon before being adjourned until Thursday when new attempts are expected to be made to have the men freed.

The five men are in prison on foot of an order of April 4th last which required them and others not to obstruct or interfering with the entry by the Shell company on to lands for the purposes of "preparation, construction and installation" of the pipleine and ancillary works associated with "such preparation, construction and installation."

Yesterday, it was submitted on behalf of the protestors that Ministerial consent had been given only for preparatory work to be carried out for the gas pipeline. It was argued no consent had been given for the construction of the pipleline itself.

On behalf of Shell E and P Ireland Ltd, it was submitted that, at this point, it is only doing preparatory work. When the case came before the judge yesterday afternoon, Mr Patrick Hanratty SC, for Shell, said it proposed to put in a proviso stipulating that works would be carried out only in accordance with Ministerial consent under the Gas Act.

Mr Peter Bland, for some of the protestors, said that proposal by Mr Hanratty went some way to meet his clients’ concerns. He asked for time to consider the matter and the case was adjourned until 10am on Thursday.

Mr Bland also said he would be seeking an injunction restraining Shell E and P Ireland Ltd from carrying out "any works of installation" of the gas pipeline through lands at Rossport, Co Mayo, unless or until such works are authorised by an appropriate consent pursuant to the provisions of the Gas Act, 1976.

Earlier, when the judge was told that some of the protestors had stated they would be happy to express their regret for disobeying the court order if it was varied, the judge said that was not the same as purging their contempt.

In an affidavit, three of those in jail - Phlllip McGrath, James B Philbin and Willie Corduff, all of Rossport South - said the court order, of April 4th last, appeared to have been made on the basis that it was lawful for Shell E and P Ireland to enter on "to enter on to our lands for purpose of installing a gas pipeline."

They said the consent given by the Minister pursuant to section 40 of the Gas Act was limited. The extent of the limitation was in a letter written on behalf of the Minister dated July 9th, 2002.

This stated that the approval given to carry out "phase 3 preparatory works" was exclusive to surveying and setting out; erection of right of way fencing; making of trial holes; preparation of temporary access points and roads; and construction of temporary compounds along the proposed onshore pipeline route.

The consent specified that "no phase 3 works, apart from preparatory works specified in the approval" were to be carried out without further specific approval. There was as yet no consent by the Minister for the construction and installationof the onshore pipeline, it was stated.

The affidavit said the opposition of the three to the pipeline at Rossport was founded on their concern and conviction that the installation of the gas pipeline on their lands would give rise to a significant risk of explosion and resultant injury to their families.

by Claire Mon Jul 11, 2005 21:48

I'm assuming that tomorrow's protests and the march on the Norweigan embassy go ahead as planned.

by Síog Mon Jul 11, 2005 20:25

How dare Mr Pyle suggest that the Rossport 5 "are people who would object to just about every development in Ireland". Perhaps they have been objecting to this project since Shell arrived, but they did not object to this until it became obvious that they were being treated like fools. It was noted by the parties involved at the start of this project that there was a notable LACK OF OBJECTION in the area. There were NO PROTESTS, no one with banners. They were delighted. And what did they do with the respect the Erris people showed them? They abused it and threw it in the face of every Irish citizen. They took quiet respect and mistook it for stupidity. They have many many lessons to learn about human nature.

Another point of misinformation being bandied about by Andy Pyle is that they "had tried everything in their power to set up meetings with the landowners individually or as a group in a bid to allay their fears...We wouldn't meet them in a large, open forum because we didn't want it hijacked."

What he is leaving out here is that as far as he, Shell, Statoil and Marathon are concerned IF THE PIPE DOESN'T GO THROUGH YOUR LAND YOU HAVE NO RIGHT TO BE CONCERNED. Vincent McGrath and Micheál Ó Seighin were never approached by Shell. Vincents house is 70 metres from the proposed pipeline and when he leaves his front gate only 30 metres. However, since the proposed pipeline doesnt go through his land, he has NEVER been contacted. His first communication was the Injunction that now has him in jail. Shell and Andy Pyle REFUSED to meet with him. They do not consider him a landowner and therfore, by Andy Pyles own words, no attempt has been made to meet him.

Are they seriously thinking that we will accept this??? That if the project doesn't go through your land that you can not and should not have any concerns? What sort of consequences would this have for the future??

The people of Erris have done oh so much for the integrity of the people of Ireland. While on one hand I am disgusted and so disappointed in the way the people in power see us as insignificant and WE VOTED FOR THEM!!! Yet the response from the public has been SO inspiring! It shows that despite the despots we have here, the people are not willing to put up with it. It is the Age of Aquarius - Man will discover the truth and know what to do. We know what to do and we are doing it. Live on the Boycott of Shell and Statoil. Money is what they understand. Lets keep it from them.

Glan Amuigh nó Glan Amach!! Shell to Sea!!

by redjade Mon Jul 11, 2005 18:31

Since the inception of the Corrib project, a small, anti-gas group had been a persistent thorn in Shell’s side, but the imprisonment of the five men has transformed the protesters in the eyes of the community from eccentric cranks into local heroes.

The company says the men are misguided and their concerns over the safety of the pipeline misplaced. Regardless, work has been brought to a halt, hundreds of workers have been laid off indefinitely and Shell finds itself mired in a costly public relations disaster.

“WE DON’T want people in prison — in fact, it’s the last thing we want,” said Andy Pyle, the chairman of Shell Ireland. “We recognise that there are some landowners with concerns, but these have been built up by misinformation and emotive language. It is absolute rubbish to suggest safety is not our primary priority, but, in hindsight, we should have done more to counter their concerns.”

[....]

Pyle insists that Shell had tried everything in its power to set up meetings with the landowners individually or as a group in a bid to allay their fears, but the prospects of dialogue faded last month.

“We wouldn’t meet them in a large, open forum because we didn’t want it hijacked. There are people who have objected all the way and who object to just about every development in Ireland,” he said. “You can’t have a proper conversation with such people, never mind an agreement, and there is no point getting into a slanging match.”

The problem for Shell is that its appeal for dialogue may have come a dime short and an hour late. The locals are in no mood to listen as long as their neighbours remain in prison, and attitudes are hardening with every day. Although Joseph Finnegan, the High Court judge, said last week that “their fate lies in their own hands”, there is little doubt the community holds Shell and the government responsible for their continued incarceration.

• best go read the whole thing....
http://www.timesonline.co.uk/article/0,,2091-1687915,00.html

by will via eeekkk Mon Jul 11, 2005 18:01

Adjourned till thursday at 10 am - 'High Court'

From events in court today it appears shell are seeking a compromise which will allow men to go free.

All highly technical.

The 5 men who were in court were in good spirits.

They could hear cheers from ouside court and cheered by those in attendance as they were led away.

by alonso Mon Jul 11, 2005 18:00

They might say that they don't want them in prison, but they sure don't want them alerting the country to the scandal that is going on.

Thankfully there's plenty more good men and women in Erris to keep fighting for this while the Rossport five are inside prison where Burke, Molloy and the rest of them should be.

by skywalker Mon Jul 11, 2005 17:26

I must admit this is all very confusing up until a few months ago I thought we as irish people had freedom but with my poor uncle locked up because of all this its crazy. Thanks for putting me atraight on the bias of the Irish system

by contempt boy Mon Jul 11, 2005 16:49

You shocked that a judge might be on the side of the ruling class? You have much to learn sky walker....

Finegan wears his bias like a new suit - he also strikes me as awesomely arogant and dense even by Irish judge standards.

Krossie

by DV8 Mon Jul 11, 2005 16:47

Worker on Shell pipeline due in court
Lorna Siggins and Tom Shiel

A Scottish man working on the Shell pipeline contract in north Mayo is due in Belmullet court on Wednesday charged with having excess alcohol taken while in charge of a vessel.

The man was arrested by gardaí on Friday night after substantial damage had been caused to four fishing vessels at Ballyglass pier by a 60 foot flat-bottom barge.

The barge is being used by Tidewave Ltd, which is contracted to handle the shallow water onshore section of the Shell Corrib gas pipeline at the Glengad/Dooncarton landfall.

No one was on the vessels at the time of the damage, but several witnesses alerted the gardaí. The four boats damaged include the Áine Patricia, a new vivier crabber worth over €1 million, a salmon vessel, and two crab boats, the Erris Queen and Deirdre Bríd.

The damaged boats belong to members of the Erris Fishermen's Association. Over three years ago, the association asked the Minister for the Marine to direct that the Corrib gas field developers build their own pier facility, as the pier at Ballyglass wasn't suitable.

The case of the five Erris men still in jail over opposition to the pipeline is due for mention in the High Court today.

Two separate applications have been made seeking to quash the injunction as ministerial consent for installation and commissioning of the pipeline has not yet been given. At least one of the applications is expected to be heard on Wednesday.

It was claimed at the weekend that the five men will not agree to the appointment of a binding mediator. Dr Mark Garavan, a lecturer at Galway-Mayo Institute of Technology in Castlebar, told 1,500 people at a rally in Belmullet on Saturday that he had visited the jailed men on Friday.

"They are being put under heavy pressure to agree [ to a mediator], but of course they won't do so under any circumstances."

Another protest in support of the men was held at the Galway/Mayo Connacht final in Pearse Stadium in Galway city yesterday.


© The Irish Times

by . Mon Jul 11, 2005 16:28

How can they just be called in is that not illegal! the judge seems to be on the side of shell!!!!!!! Wish I could be there for support

by krossie Mon Jul 11, 2005 16:18

Sounds fairly technical

My assumption was that Shell wanted to let them out

This appears to be far from the case!!!!!

(from www.rte.ie)

Efforts to secure the release of the five Mayo men jailed for contempt of court in relation to the Shell Corrib gas field development are continuing in the High Court this afternoon.

Lawyers for the men are asking the court to vary the original High Court order which the men have been found to be in contempt of.

They want the words construction and installation deleted from the order and say that if this was done they would be happy to express their regret at having disobeyed the order.


The men say the order was made on the basis that Shell had the necessary consents to enter their lands for the purpose of installing a gas pipeline and that consent had not been given by the Minister for the Environment.

However, Shell says it is at present engaged in preparatory work and the ministerial consent provides for phased approval at various stages.

Patrick Hanratty SC for Shell said that no work in relation to the digging of the trench or installation of the pipeline has taken place or will take place until the approval is given.

He said Shell had no interest in the five men being in prison and if they would be comforted by an undertaking from the company to that effect they had no problem doing it.

However, Mr Justice Finnegan warned that the men are in contempt of court. He said that if someone has a problem with a court order then they should come back to the court, not breach the order.

by mayoman Mon Jul 11, 2005 14:03

Thanks - have notified people.