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Shell to Sea court cases - 11th June
 mayo |
crime and justice |
feature
 Tuesday June 17, 2008 01:29 by Rudiger - S2S
Back In Court
Below is a rundown on a Shell to Sea case heard last week, and a brief update on some of the latest happenings.
On Wednesday and Thursday, the case against 4 Shell to Sea protestors was heard at Belmullet and Ballycroy District Court. Its worth nothing Wednesday was the one year anniversary of the Pollathomais Pier incident, when gardaí forced their way onto the pier through a crowd with the help of a JCB in order to place a security hut, against the wishes of the landowner
Related Links: S2S on indy.ie CorribSOS.com
The case that was heard involves Michael Healy, Martin & Pat O’Donnell and Patrick Coyle, who are each charged with obstruction (Section 19.3 of the Public Order Act) and a Section 2 assault from an incident that occurred on the 19th January 2007.
After the State finished making their case against the 4 men, solicitor for the accused, Alan Gannon sought to have the case dismissed saying that to proceed would be unfair and could lead to a miscarriage of justice. His arguments in seeking the dismissal were (a) the gardaí in their prosecution had never identified his clients as the people involved (b) the delay in bringing the charges and the suggestion that the gardaí only prosecuted on finding out the proceedings had been started against some of the gardaí involved (c) no investigation had occurred into how the 7 minutes of missing garda footage had come about. (d) The bringing of 2 sets of charges arising from the same incident and also the choice of charges sought (i.e. to ensure a district court case). (e) That so far the whole process has taken 18 months and the States case leaves a lot to be desired.
Judge Mary Devins stated that the “totality isn’t a pretty picture” and that she was particularly interesting about the choice of charges issue, however the High Court has previously ruled that the State may chose from any of the hierarchy of assault charges. She however adjourned the case until the 23rd July for mention in order to establish the law regarding points (a) and (d) above.
The case opened with Alan Gannon seeking for the case to be dismissed as 2 of the gardai involved in the incident would have known that a complaint had been initiated against them in January 2007 well before proceedings were initiated against the men. This was refused by Judge Devins.
Then Paul Vella of Evidence Matters Ltd gave evidence for the defence that the video tape containing the garda footage certainly hadn’t been tampered with. However he stated that the reason for the camera switching off for the 7 minutes while the alleged assaults took place was that the photo button had been pressed on the video camera. While in video record mode this had the effect of first of all freezing the camera on a particular frame for 7 seconds and then switching off the camera. The photo button required a double press action which he concluded could only have come about from a person pressing the button (either deliberately or accidentally). Mr Vella also stated that due to the angle of the freeze frame, the photo button had been pressed when the camera was at head height and not while it was up on the monopod.
Garda Greg Burke then gave evidence that he accepted that pressing the photo button had switched off the camera but that he certainly hadn't done it deliberately. He guessed that it must have happened as he was opening up the monopod in order to raise the camera up. Grd. Burke then tried to blame the protestors for the missing footage stating that he was "being pushed and shoved and threats made to me and my camera". He stated that the screen wasn't open at the time so he didn't notice the camera wasn't recording while it was up on the monopod. He stated that when he got back to the station he was embarrassed and angry with himself when he found that he had missed the incident. He also stated that he resented the insinuation initially made that he had somehow doctored the video tape which would be a highly criminal act.
Mr Gannon then sought another dismissal of the case saying that to proceed would be unsafe seeing as evidence that should have been available to the State and his defendants wasn't available, and that no adequate explanation into how this happened had been put forward. Judge Devins however stated that she didn't know what would or could have been on that tape and so refused the dismissal sought.
The first guard to give evidence was Garda Marvin Lee who stated that on the morning in question about 80 Shell to Sea protestors had attended the daily picket. He stated that the crowd stopped on the bridge and became hostile. He said that Michael Healy stepped out on to the other side of the road in order to block the oncoming Shell workers. Grd Lee said when he went over to Mr Healy that became abusive and attempted to headbutt him; however he had managed to avoid the headbutt. He stated that Pat O'Donnell then grabbed him by the lapel and dragged him into the crowd. Following this he stated that he was hit by a number of people in and around the shoulders. He stated that he had then been retrieved from the crowd by Garda Peter Lee (his father). Grd Marvin Lee stated that he had received no injuries and was just sore afterwards but had continued on with his duties for the day.
Under questioning from Mr Gannon, Grd Marvin Lee told the court that he was a former All-Ireland Boxing champion. Mr Gannon said that the evidence of his clients would be that Sgt Dermot Butler had pointed out Michael Healy and told the gardaí to take him out of the crowd. Their evidence would be that Grd M. Lee then grabbed Mr Healy and attempted to pull him to the other side of the road but that Patrick Coyle had held on to Michael Healy. Their evidence would then be that Patrick Coyle was then punched in the face and had retreated into the crowd shouting that garda RG144 (Grd M. Lee's former number) had hit him. Mr Gannon said his clients would claim that Patrick Coyle was then followed into the crowd by Grd Peter Lee and that he assaulted Mr Coyle from behind and kicked Mr Coyle on the ground. Mr Gannon said it would then be claimed that Pat O'Donnell went to restrain Grd Peter Lee from further injuring Mr Coyle, however that Pat O'Donnell was himself then assaulted and that then Martin O'Donnell came to his brother Pat's assistance and was also assaulted. However Grd Marvin Lee denied that any of this occurred.
Grd M. Lee stated that he couldn't remember when an investigating officer (of the old Garda Complaints Board) had contacted him regarding the incident but that he hadn't made a statement.
Under questioning Grd M. Lee stated that he had seen Pat O'Donnell with blood on his face later in the morning but hadn't investigated it as no complaint was made to him. It was put to him that he didn't investigate because he knew full well how the blood had come about, but Grd M. Lee denied this.
Garda Peter Lee, father of Garda Marvin Lee, was the next guard to give evidence. He stated that he saw Pat O'Donnell holding on to his son, and that he was being punched by other protestors and that it looked to him as if Pat O'Donnell was attempting to throw his son over the barrier. Garda Peter Lee said that he had to use a certain amount of force to retrieve Garda Marvin Lee.
Under questioning Grd P. Lee also stated he was a boxer and that he had been only 2 or 3 paces behind his son as they were on the bridge. He admitted he hadn't seen Michael Healy out on the road or hadn't seen Michael Healy's alleged attempted headbut on his son. It was then put to Grd P. Lee that he had assaulted both Patrick Coyle and Pat O'Donnell, however he denied this. Mr Gannon said that Pat O'Donnell would claim that 2 guards held his hands while Garda Peter Lee punched him in the face.
When asked why he hadn't investigated the blood he saw on the faces of the O'Donnell brothers, Grd P. Lee stated that he believed that a local member of the gardaí would have dealt with it.
When the case resumed in Ballycroy court the following morning, the next 2 guards to give evidence were Garda Thomas and Garda Regan. During his evidence Garda Regan said that he saw Garda M. Lee being punched in the face and stomach by Michael Healy, Pat & Martin O'Donnell. When it was put to him by Mr Gannon that Grd M. Lee hadn't claimed to have been punched in the face or stomach, Grd Regan stated that "that's exactly what I seen".
The final guard to give evidence was Sgt. Michael Kleisham, RG33 (although has been known to change his numbers). He stated that a camera crew had been present on that morning and that there was a totally different atmosphere because of the camera crew. Sgt Kleisham stated that he saw Patrick Coyle with a full fist about to strike Grd M. Lee, however he had grabbed him and pulled him back to stop him making contact. Sgt Kleisham stated that he saw protestors "rain punches down" on Grd M. Lee. Sgt Kleisham stated that he saw Pat O Donnell at 10:00am but that he hadn't enquired about the blood on his face at all.
Sgt Kleisham was asked why, if he had seen people assaulting gardaí, why weren't they arrested there and then, however he said that it wouldn't have been possible at the time. Mr Gannon also questioned him as to why a statement hadn't been taken from any of the passing drivers, the visiting camera crew, or any other protestors, however Sgt Kleisham said he believed he had enough evidence from what he saw. He was also asked why the 4 accused had never been asked to give a statement and that the first they had heard of the charges was on the 22nd August, 7 months after the incident.
Following this Alan Gannon sought again to have the case dismissed however Judge Devins adjourned the case until the 23rd July.
Overall it has to be said that everything about this case stinks to high heavens. The fact is that 3 protestors ended up with injuries from the protest that morning. Two of the protesters had to go to hospital with cuts and bruises to their faces while the third broke his tooth after being knocked to the ground and had to go to the dentist. All garda witnesses denied seeing any assault or inappropriate behaviour towards any of the protestors. Therefore it seems obvious that some or all of the guards haven't told the truth or the whole truth. On the other hand, the guard who it is claimed had punches raining down on him from various protestors was able to walk away and continue on his duties for the day.
The whole timing of the prosecution is highly suspicious. The incident occurred on the 19th of January 2007. On that day or shortly after, Patrick Coyle made a complaint to Belmullet Garda Station however he never followed up on the complaint. An investigating officer started to make inquiries. The four accused instead started separate proceedings against some of the gardai involved. The first the 4 accused heard of the charges was on the 22nd of August.
Also whole missing video footage hasn't been fully explained. It is again highly suspicious that an incident which involves the alleged assault of 3 local residents is not recorded by the gardaí when the gardaí seem to film everything and everyone else. In his statement regarding the missing footage Supt. Joe Gannon stated that the camera was switched off while it was up on the monopod when in fact the camera switched off when it was at head height.
Meanwhile cases involving Maura & Sean Harrington were adjourned pending Ms Harrington’s High Court review of Judge Devins’ decision not to allow her access to the stenographer’s notes. It’s worth noting that the stenographer (who is employed by the Court Service) was present at both courts, is only taking notes at Shell to Sea cases. The stenographer arrived just for the Shell to Sea case in Ballycroy on Thursday and left after it was finished. Meanwhile the case of two men charged with trespass and damage to a fence relating to an incident on Coillte land when RPS were drilling there on the 26th October last, had their cases adjourned until next October.
******************************************************************
In other news regarding the Corrib Gas Project, Mayo County Council have hit a bit of trouble with the road they are building for Shell to the proposed landfall site. A lot of the local landowners have refused to allow Mayo County Council access to their land for widening the road. I hope to do a full story on this shortly.
Over the last few weeks, there have been several submission deadline dates with regard to the new proposed pipeline route planning application. On the 6th of June, 86 submissions were hand delivered into the Department of Energy, while over 30 were handed it last Friday with others being posted and emailed in. There are 2 submissions deadlines on the 25th June, one on the CAO issue and the other under the Strategic Infrastructure Bill to An Bord Pleanala.
Shell currently has a survey platform on Srawaddacon Bay testing the ground under the bay. They have also drafted in new security who have given a taste of what life is going to be like with Shell as neighbours. They have taken to filming everyone who goes down on to Glengad beach even if they are nowhere near the proposed landfall area. Complaints have gone into gardai regarding families with small children being filmed and also finding the security lying in the grass spying on beach-goers with binoculars. I assume these men are security however they have no identifying clothing on and refuse to identify either themselves or the company they work for. Last Friday I approached them because they filmed me, and while taking pictures of them I noticed one of them was wearing a balaclava, which on this case was rolled up but I’m told not on other occasions. Unfortunately my camera memory card seems to have rather suspiciously gone missing. However I’ve attached a few pictures I took today, when again I was filmed while going for a swim. The local Superintendent has promised to raise the issue with Shell at their next meeting!!!
No permission to come any further
Platform drilling on Srawaddacon Bay (SPA)
Filming Glengad Beachgoers
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Comments (29 of 29)
Jump To Comment: 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1The Law is an ass
When it comes to the gas.........
The authorities have dispensed with things being legal or illegal. Now it's "allowed or disallowed", a handy formula which means a Guard doesn't have to refer to the law, but to what the received wisdom decrees to be right or wrong. And odds are, unless you work for a certain oil company or one of its contractors, you'll find yourself in the wrong.
they put this net up illegally so sure it's legal to remove it
Thank s for all the information and particularly for the tragic picture of the sandmartin lying dead at the netted entrance to its nest.
This picture needs to be distributed far and wide as a symbol of Shell's disdainful care for life in all its forms.
As it put Rossport's people to prison and kept silent at the death of the Ogoni 9 its disregard for life borders on the criminal so what respect would we expect it to have for the EU Habitat Directives.
The very EU that complains that we did not take it seriously or know what we were doing when we voted down the Lisbon Treaty! What does the Eu do to police its laws and legally insist that big business respect local community and the democratic principle. What protection does Erris enjoy from the EU in envirinmental matters.
Meanwhile in April the Irish goverment pursed Habitat Law in the case of two farmers whose sheep had wandered into protected areas and Mayo County Council removed the Rossport Solidarity Camp from the protected beach habitat. What protection for the sandmartins on the beach! How just the application of law and what influences has one to use it to contort it to favour death over profit.
As SHell care nothing for human life and environment, we can't expect them to have any respect for wildlife. This bird-killing netting is just a spit in the ocean - they will do whatever they can get away with. It's a damn shame that it's left to the local people to defend the environment there, when it's a matter of national and international importance.
"Most bird species are protected under the Wildlife Acts, barring those regarded as pest species, and those considered as game species (where they may be hunted under conditions). Under the Wildlife (Amendment) Act, 2000 it is an offence to disturb their breeding or resting place".
This is a quote from the pipeline planning application that Shell (& RPS) have given in to An Bord Pleanala lately.
Of course this should be seen by the authorities as tacit admission that they have committed an offence for their past stripping of part of the cliff where the sandmartins nest or the netting they have put in place. But the authorities have ignored it all as usual.
Also in the new planning application it is proposed that they dig a 3m deep hole that will be around 40mX40m in size that will be 27m back from the cliff-face in order to place the landfall facility. This is all in the Special Area of Conservation (SAC) as well.
I've attached two photos of the netted area that were taken last year.
Dead Sandmartin in Shell's net
A sandmartin nesthole netted over
That is the $$$$$ question!
The land at Glengad is purportedly owned by octogenarian Eamonn Sweeney. The family house and farm buildings stand at the top of the field along the road. The Goons are quartered in Sweeney's farmyard with a security hut and portaloo. They also use an empty hayshed in the yard. When anybody stops on or off the public road at the farm the Goons come out with cameras and phones. They continue filming when told they don't have permission; they don't identify themselves; don't wear any distinctive clothing and, when one persists in trying to find out who they are they call the cops who come lolloping along when summoned.
Shell owns a road going through the farm to the cliff face at Glengad. This road is fenced off but the Goons don't walk along there, they walk through the field. There is a wire fence at the cliff face which the Goons stay behind most of the time but have been known to venture down on the beach.
This is where Shell, in 2002, destroyed the nests of sandmartins when they used Sweeney's son as the catspaw digger operator to do their dirty work. Sandmartins are supposed to enjoy the protection of the EU Habitats Directive in a Special Protection Area for Birds (also a Special Area of Conservation).
In an attempt to deal with the pesky birds this time round, Shell claims to have 'permission' from the NPWS (National Parks and Wildlife Service) to put up netting over the cliff face to prevent the birds nesting! Since nobody has had sight of this 'permission' it remains moot.
So, we have any number of Goons skulking in a farmyard which may or may not at this stage belong to the octogenarian (if so, then only nominally); they come on duty carrying holdalls; they are supposedly on antibirdnesting duty - but the nests are outside the Sweeney/Shell property ...
That answer your question??!
Does SHell own that land above Glengad Beach where the goons are on beach watch?
Their nationality is not an issue. Their history, training, and mores are.
and we can trust Shell on this information? Hmmmm...
The word from Shell is that Golan Group are not employed by them or any of their contractors in the area.
If these are guys are a new crew (and not 'Brendan Gilmore Security') I still don't know who they are, and I have asked.
Getting information from Shell and/or the 'Corrib Project Information Office' is a bit like getting blood from a stone.
Nationality or race is not the issue here. We're not talking about a few arriviste refugees who signed on to a Fás scheme!
These are serious goon types - nationality/race is immaterial; the training which they exhibit, not to mention what they tote into Sweeney's farmyard in holdalls, is alarming and sinister.
MidWest Radio carried a news report today on the local 'tec and a local cop allegedly taking car numbers outside a Gas to Glinsk meeting - that sort of stuff, which has become regular here is in the ha'penny place compared to the type of activity at Glengad.
It should be noted that the presence of the goons at Glengad is clandestine - no signage, identification,accountability, nothing. They are present in a farmyard which is purportedy the property of Eamonn Sweeney - what are they doing there? who pays them?
Most importantly, who gives what orders - disable, take out, whatever - and finally, who controls the bastards ...
I think, racism/groupism aside, that nationality isn't entirely irrelevant, as recent immigrants are less likely to have information on what's been occurring in Erris, could be more easily persuaded that there are criminals or terrorists seeking to 'destroy' the Corrib Gas Project, and are less likely to sympathise or pass information to opponents of Shell's machinations than natives of the Isles.
Focusing on these security guards nationality/ethnic origin etc is completely irrelevant. The point is that the Irish state is not only allowing these kind of actions and harrassment of locals, all for the profit of an enormously rich multinational company, but is actively involved in the harrassment etc.
To allow men with their faces hidden by masks to film beach goers is disgusting. End of story. This is just a continuation of the kind of tactics that locals have had to put up with over the last few years.
àlso if ye can find out who owns this car reg....07-D-68290 opel dark navy
it followed me from ballinaboy this morning.four guys in black type uniforms..one wasnt of irish origin.
Could anybody help with identifying the registered owner of Isuzu jeep reg 03 MH 644?
Thanks
Only goons, perjurers, gombeens and rotten apples need apply.
You're forgetting, MC; the official government definition of a criminal in Kilcommon has automatically excluded Shell workers since 2005. Not one truck (out of thousands of journeys made to and from Bellinaboy) has ever had its tachograph checked. Not one has ever been stopped for a spot check. Not one Shell worker (out of hundreds of people making daily journeys) going to or coming from the sites have ever been breathalysed, stopped for speeding, checked for tax or insurance etc. This would be unthinkable anywhere else in th EU, but the excuses for guards in Mayo aren't paid to enforce these laws. Because these laws are inconvenient.
I am sure if there is non- EU workers on the beach in Glenagad doing non specialised work then the dept of Immagration would ke to know about it. As far as I am aware there is no special visas for Israeli citizens.
Have these guysgot Irish Visas? or are they working with British visas.
Can confirm cosy relationship between Belmullet cops and Goons in Glengad. I recently lost my glasses when I went to call at my relation's place in Glengad. I rang the copshop the following morning to report my lost property and said in passing that it was my intention to go back to look for them. Was advised by Member in Charge 'not to go there' and was further advised that the station in Belmullet had a 'contact number' for the Goons.
Member in Charge very conciliatory and most helpful! On further enquiry during the morning I was told that my glasses had been found and were 'in a jeep somewhere'. Was assured that every effort would be made to get them back by 3pm.
Sure enough, following sterling work by the boys in blue, I was told my glasses could be collected at the station. On collecting them I asked for the name of the helpful 'member of the public' who had handed them in so that I could write a thank you note. I was told that the 'member of the public' wished to remain anonymous.
Too bloody right they do!
Mayo people ought to consider themselves lucky; there's many Palestininans have lived within spitting distance of a beach all their lives but aren't allowed visit it because of the likes of these bowsies. In Mayo, you'll only get video'd (no matter your state of undress) by men who refuse to even open their mouths to identify themselves. In most EU countries you could call the cops to report that kind of behaviour; forget that here. You're more likely to find the security men and the cops swapping stories in the Anchor over in Belmullet. Welcome to North Mayo.
Hi LP
Are you saying that employees from "Golan Group" are monitoring people going to Glengad Beach? How low can Shell go? If these guys are ex Israeli army they know all about how to intimidate and abuse people just ask a Palestinian!
The Golan Group is a private military service provider founded in 1983 by ex-Special Forces security experts from the Israeli Army and has remained privately owned since. They have been mostly involved in Israel and Latin America, having served in Guatemala, Honduras, Mexico, Venezuela, El Salvador, Costa Rica and Colombia. Yoram Yasur is the president, Thomas Pearson Jr. is the vice-president. They have recently joined up with key players in the energy industry to "comprehend" the threat involved to major plants, chemical factories, water treatment facilities and energy-related production sites. They are currently headquarted in Florida.
Golan Group
Corporate HQ
301 Crawford Boulevard Suite 102
Boca Raton, FL 33432
Phone:(561) 338-0833
Fax:(561) 417-2383
http://www.golangroup.com
......where you risk having goons making a movie of u & your family when u take your children for a beach picnic, where residents are treated like trash in the way of Shell's designs, where a Garda will swear at 'English' visitors & tell them to **** off back to England......salute to the courage & endurance of the Rossport area people.
the half of it ...
Any idea where the security might be sent from? Are they Irish?
Its increasingly obvious that Shell intend to employ similar tactics to those used by the company in the Niger delta - Therefore it is heartning to see Shell reaping what is has sown there with many of its operation over there at a standstill thanx to the actions of the Movement for the Emacipation of the Niger Delta or "MEND" along with many other groups.
Interesting too that as reported in the Irish Times recently resistance groups have refused to cooperate witha commision set up the government(well known that Nigeria has the most corrupt governence in Africa) along with the oil companies. MEND accused the commision of being an instrument of bribery and an attempt to break the united spirit of the people. Sounds all too familiar!!
Thanks Rudiger for a comprehensive account on events in Erris. It continues to be a very active place on a daily basis. Sometimes people ask what is happening. I explain that there is so much everyday that it would be tasking to tell it all. Thanks to Shell to Sea for regular updates.
I spent the past three days in the area by way of preparation to make a submission for a modified pipeline route which I took time to examine and discovered that a line was now a loop going around the back of 22 of the same houses enclosing them on three sides as a modification of its previous front of houses line. It is now using a 140 feet safety space! The loop on its way round the neck of the said houses could not find a 140 foot safety space. for two houses. Although the Shell application on modification has just been sent in, it tells us that arrangements have already been made for these two houses to remain uninhabited for the length of operation, which the application suggests will be anywhere between 15 and 20 years. Watch your houses! Shell does not wait for approvals - started the road to the landfall before An Bord Pleanala approval. Remember the assembling of a pipeline behind the bushes while awaiting a ministeral consent.
The widening of the road is being heartily policed. I counted five different Garda patrol vehicles and in the space of 2 hours my sightings of one or other got close to 20. This continues through the working day so with the security on the beach it is suggested as the most policed pennisula in Europe.
Ireland is gaining a name for intimidating and bullying behaviour and for demeaning its critics. Saying NO has become a hazard in this CARRY ON LISBON APPROACH of Goverment and its institutions.
Below I've attached a submission from Micheál Ó Seighin to Minister Eamon Ryan (Department of Communications, Energy & Natural Resources) which was hand delivered along with 85 other separate submissions on the 6th of June.
Its definitely worth a read if you have a half hour to spare.