Ploughshares Retrial Day 4

by Justice Tom DeLayed Fri Nov 26, 2010 13:11

Irish American right wing git Tom (don't) DeLay (sentencing) was the intermediary in the relationship between a certain Dublin Judge McDonagh and a certain U.S. President George Bush Jr. The Judge Prez relationship led to the sudden abandonment of the second Pit Stop Ploughshares trial at the Four Courts in '05.....and the loss by the Prosecution of what looked like an in the bag conviction and into the hoosegow for the 5 activists.

Well Tom is now heading to similar environs with his conviction for corruption this week and soo to be 5 years to life (range) sentencing . Ironically, Tpm's nickname is "the hammer"...who would thunk?

http://www.guardian.co.uk/world/richard-adams-blog/2010...p=239

http://www.huffingtonpost.com/max-blumenthal/rapture-re....html

by Justin Morahan - Peace People Sat Oct 29, 2005 20:55

(The following is to supplement above reports and are based on notes taken by me in court. The acoustics in the courtroom are not the best. I take full responsibility for any errors or omissions all of which are which are unintended)

After matters arising in the absence of the jury had been discussed, the Court resumed at11.34 a.m.

Garda O'Hanlon
The cross-examination of Garda O'Hanlon resumed. The Garda described how the five defendants sat in a circle with the tools in a pile.
To a great degree the defendants were co-operative. He produced the items of the shrine one by one: candles, candlestick, hammers including an inflatable one, the Koran, the Bible, two sets of beads, pictures of children, two videotapes, a rucksack, an axe, a pliers. The rucksack, he said, belonged to Ciaron.

The Garda agreed with Senior Counsel Nix that the photos were upsetting and damage was plain to see.

In response to Senior Counsel O'Higgins, the witness read out (sometimes not very clearly) some of the words and phrases written on the backs of the pictures: Among the audible phrases were "Key facts:1991.. economic sanctions on Iraq.. Feb 19 .. 5 weeks bombing + (a number of hundred) days ...End of war . .retreat of Iraqi soldiers . ...sanctions continue with approval of Security Council UN permanent members France, China, Russia,Britain, United States. . . Ireland currently a member . . .First 9 months of sanctions ..1996 Oil for Food programme started...UNICEF 5,200 children dying in Iraq..
1998..claim weapons inspectors kicked out...2002 George W Bush threatens Iraq, weapons inspectors not allowed in... referendum .. amnesty.. 3 heads ..retired, Denis Halliday, Hans von Sponeck, Ramsey Clark ..1.7 million Iraqis have died..Iraqi sanctions..old campaign to end economic sanctions."

The witness also identified a map of Iraq on the back of pictures and read out the names of cities there including Baghdad. He agreed with Counsel that "Holy Cities" was written on the map.

Witness for the Prosecution Det Garda M Houlihan

On Thursday morning also Det Sgt M Houlihan gave evidence to the Prosecution of early morning interviews with Ciaron and Damien, both had acknowledged the accuracy of their statements but had declined to sign them, he said. Garda Quinn had gone out to get their "statement of faith" (Note: This statement of faith was read out to the jury by the Prosecution at the beginning of the trial on Monday last).
In reply to the Prosecuting Counsel, the Detective mentioned the dates, times and content of different interviews with Ciaron, Damien and Karen while under arrest. He gave evidence that Damien had said the Dublin Catholic Worker had issued the statement of faith, that (he knew) he had been arrested on suspicion of criminal damage to a jet at Shannon airport, that the jet was the property of the US Government, that he had signed the statement of faith, that he firmly believed in the statement of faith.
Ciaron, the witness said, had been charged on 3 February . When charged Ciaron had said\; "I honestly believe I had lawful excuse to enter the compound to save lives of .... and others". He had signed the statement.
Ciaron O Reilly had also said "We went to Shannon airport to stop a crime, not to commit one."
The Detective agreed with his Counsel that none of the defendants was troublesome.

Cross examination by Senior Counsel O'Hanlon

In reply to defending Counsel O'Hanlon (for Ciaron and Damien), Det Houlihan said that he had not asked Ciaron about the purpose of the shrine (that they had erected in Shannon airport) but had written a memo of Ciaron's conversation with Garda Swift at which he (Detective Houlihan) had been present. (According to his memo, Ciaron had said they were tools not weapons, had acknowledged that there were video tapes there and that he (Ciaron) had familiarity with these video tapes. He (Ciaron) had said he thought it was a US warplane and that it was a threat (comprising) a massive bombardment (expected) in the coming weeks

Cross examination by Senior Counsel Nix

Mr Nix reminded the witness that on 21/2/04 US Chief of Staff Donald Rumsfeld arrived in Shannon airport and addressed his troops within the airport
Det Houlihan: I didn't see this
Mr Nix asked the Detective would he agree that his client Karen Fallon was a quiet little lady
Det Houlihan agreed with this

Cross-examination by Senior Counsel O'Higgins

Senior Counsel O'Higgins in cross examination of Det Sgt Houlihan focused for a time on Deirdre Clancy's statement to the Gardaí in which she had stated "I urge the Gardaí to investigate the real crime". In reply to questioning, the Sgt agreed that there was an onus on Gardaí to investigate all crimes and that, if people were being attacked and the Gardaí didn't respond (to complaints) people might defend themselves.
Mr O'Higgins quoted at length from Irish law regarding the protection of the civil population in times of war. He pointed out that the Geneva Conventions (Amendment) Act was enacted by the Oireachtas in 1998 (see below) . Referring to Art 51.2 in particular (see below) he got agreement that it suggests the folowing: if this subsection were violated, the matter should be investigated.

Mr O'Higgins asked Det Houlihan: "Did you or your colleagues give any consideration to interviewing US troops (at Shannon) at any time between May 2002 and March 2003?"
Det Houlihan: "No. (There was) never a specific complaint"
Mr O'Hanlon: Do you know Edward Horgan.. took an action
Det Houlihan: There were no specific complaints. Maybe there were some later, in 2004
The Garda continued that in that later complaint mention was made of an aircraft that landed at Shannon, there was a TV documentary, that said people were being carried on that aircraft to Guantanamo Bay. The pilot was not interviewed by Gardaí.
After the Judge questioned the relevance of events in 2004, the Jury was sent out while legal argument continued.

On resumption. Mr O'Hanlon got agreement from Det Houlihan that the Gardaí should treat everyone equally, and if the Gardaí in one instance are investigating one side only, people would be tempted (to take action themselves). He put it to the Detective that the Gardaí didn't do a good investigation (after complaints ) in 2004 - they just talked to a few people on the ground.
The Judge intervened, mentioning "ex-post factum" evidence and suggested that Counsel could not continue to pursue an action after the event ...
After legal argument again, in the absence of the jury, the cross-examination continued.

Mr O'Hanlon: Do Gardaí sometimes investigate ( a potential crime) as a result of chit-chat
Det Houlihan: Usually there is a specific complaint
Mr O'Higgins: Do you know Tim Hourigan?
Det Houlihan: (yes)
Mr O'Higgins: Do you know Edward Horgan?
Det Houlihan: (yes)
Tim and Ed were asked by Counsel to identify themselves in court and did so.
Counsel reminded the Detective that he had received complaints from both of the individuals in 2002 and was he aware of a long letter from Tim to the DPP and a phoned complaint in January 2003.
Det Houlihan: There was one specific complaint from these gentlemen. I don't know if the plane (that they had complained about) was searched. The manifest in respect of the plane was checked.
Asked if there was no reason to suspect other than what was in the manifest, the Detective replied: "I didn't investigate"
Mr O Higgins: Did you or other Gardaí to your knowledge give any consideration as to whether civilians' rights might be (violated by planes using Shannon airport)?
Det Houlihan: I can't comment. There's a Government there.
Mr O Higgins: Did the Guards ever have a meeting to ask "Is the civilian population going to be bombed?"
Det Houlihan: I was never at any such meeting.
There was no suggestion, he said, to interview these military types (passing through Shannon)

Senior Counsel Nix asked the Detective about the hammer that had slogans on it. The Detective agreed that they were an international peace sign and PX standing for either PAX meaning peace or Pax Christi meaning Peace of Christ.

The Prosecution then entered into evidence that Mr Michael Schmitt a logicians expert had given an estimate of 2,615,000 euro for cost of repairs.

After lunch there was legal argument in the absence of the jury and the jury were then sent home for the rest of the day

ADDENDUM:GENEVA CONVENTIONS (AMENDMENT) ACT 1998
Article 51—PROTECTION OF CIVIL POPULATION
http://www.achtanna.ie/print/zza35y1998.1.html

1. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.

2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.

3. Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities.

4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:

(a) those which are not directed at a specific military objective;

(b) those which employ a method or means of combat which cannot be directed at a specific military objective; or

(c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.

5. Among others, the following types of attacks are to be considered as indiscriminate:

(a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and

(b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

6. Attacks against the civilian population or civilians by way of reprisals are prohibited.

7. The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.

8. Any violation of these prohibitions shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians, including the obligation to take the precautionary measures provided for in Article 57
http://www.achtanna.ie/print/zza35y1998.1.html

by Dr Raeder Anderson Fri Oct 28, 2005 21:44 raeder1a at yahoo dot com

The pictures were warming and once more represent us all as you come under fire. Godspeed and Pax!

by Jonah Fri Oct 28, 2005 14:42

www.jonahhouse.org

by Carmen - New York Catholic Worker Fri Oct 28, 2005 14:40

http://www.jonahhouse.org/Trotta,Carmen1204.htm

by Angie Zelter - Seeds of Hope/Loch Goil Ploughshares Fri Oct 28, 2005 14:30 Norwich

My thoughts and prayers are with you all - I have good feelings about your
trial - love and hugs to you all, Angie.

by Update Fri Oct 28, 2005 14:20 087 918 4552

Ploughshares Mid-Trial Analysis & Music, St. Nicholas Of Myra Hall, Francis St., 8pm-late

The Pit Stop Ploughshares 5 return to trial at Dublin's Four Courts on Monday October 24th. The trial is likely to run up to November 3rd.

There will be a celebration of hope and resistance with food & dancing on Oct. 28th at St. Nicholas Myra Hall with Food, Music, and Chat.

All are welcome

by Update Fri Oct 28, 2005 14:19 087 918 4552

Ploughshares Mid-Trial Analysis & Music, St. Nicholas Of Myra Hall, Francis St., 8pm-late

The Pit Stop Ploughshares 5 return to trial at Dublin's Four Courts on Monday October 24th. The trial is likely to run up to November 3rd.

There will be a celebration of hope and resistance with food & dancing on Oct. 28th at St. Nicholas Myra Hall with Food, Music, and Chat.

All are welcome

by Mark C - Teacher Fri Oct 28, 2005 11:33

To begin Day Four the legal argument continued about the items left at the shrine of the "crime". The disputed photos will be allowed to be, and now have been, shown to the jury - i.e. the photos of dead Iraqi children.

Later on (interview becomes inaudible) ... Det. Houlihan was asked if he was aware of the Geneva Conventions and other acts which are enshrined in Irish law and that make it a crime to bomb civilians and have indiscriminate warfare. Det. Houlihan said that he was aware of the conventions.

He was then asked how come up to that point up to 90,000 troops had come through Shannon enroute to Iraq and that the Garda Siochana did not investigate. Det. Houlihan said that the Garda Siochana had not received any complaints. It was pointed out that people who were present in court had lodged complaints. Det Houlihan said that he himself had not seen the complaints.

There was no time to introduce the first defence witness (Ciaron) and the jury were instructed to presume that the defendants were innocent of the charges and accusations and that it is up to the prosecution to prove beyond reasonable doubt that the "crime" was committed with "criminal intent", not with "lawful excuse to save lives".

Ciaron is to take the stand tomorrow.

Again, I hope this transcript of the video from radio.indymedia.org is faithful.

Mark.

by Observer2 Fri Oct 28, 2005 02:55 observer.two at gmail dot com

Text and 3 minute vid: Court report - Tim Hourigan
The trial of the Pitstop Ploughshares continues in Dublin Ireland.

by Elaine Fri Oct 28, 2005 01:42

By the activists who had gathered for a meal at St Pauls. Mairead Corrigan Maguire dropped by for a bite and good grub was had by all.

Turi Vaccaro - Remembered In St. Pauls

Levi, Ed And Eoin Signing Cards For Turi Vaccaro

Eileen Signs A Card For Turi

Mairead Corrigan Maguire With Ciaron.jpg

Grubs Up