Two Shell to Sea Campaigners Imprisoned for Civil Disobedience
mayo |
rights, freedoms and repression |
news report
Friday July 31, 2009 23:12
by Jen Debender - Rossport Solidarity Camp
0851141170
'Shell snaps its fingers and the State hops to it' - Maura Harrington
In Bellmullet court on Thursday, five Shell to Sea protesters were up for hearings on charges ranging from last August 2008 to this June 2009. Judge Anderson dismissed several charges on technical points but was very harsh in serving two of the campaigners with four and eight month prison sentences.
Niall with Garda Hugh Egan MY101
Maura Harrington, a well known Shell to Sea campaigner and spokesperson who has already spent time in Mountjoy prison twice this year for acts of civil disobedience against Shell, was given a four month prison sentence for Section 8 public order charges (failure to obey the directions of a garda). The judge took quite an interest in the fact that Maura had spent much of her life as a public servant. She was a school teacher for 36 years in Inver, and would have taught several generations of local people in Erris. The judge asked Maura if all of her ex-pupils are 'potential anarchists'. The court offered a suspended sentence if Maura agreed to enter into a good behaviour bond to keep the peace. As an objector to the Shell gas project and an active citizen committed to civil disobedience exposing the injustice of the Corrib Gas Project, Maura told the court that she could not agree to such bond conditions, and was given four months imprisonment for it. Referring to Maura's refusal to enter into the peace bond the judge accused Maura of wanting “to be free to assault members of An Garda Síochána.”
Niall Harnett was also up for a Section 8 public order charges from an incident that had happened last 30 August 2008. The timing of these cases is highly political, as many of these case were only introduced in the Spring so that hearings and convictions would coincide with the Solitaire and Shell works this summer, making it more difficult for people to protest against the project. Niall had already had a suspended sentence of three months which he was supposed to have served if he'd committed another offense within 12 months. This 30 August incident was within the 12 months, but a judge in Clare chose not to activate the suspended sentence last month. In the Belmullet court Judge Anderson asserted that he had no authority to activate the suspended sentence since the Clare judge had chosen not to, and so that he would treat the Section 8 charges as an isolated incident. However it was still dealt with harshly because as the judge explained, in terms of the 'range of penalties' a person can receive, a custodial sentence comes next after suspended sentence. Niall received four months in prison for the Section 8 charge. Judge Anderson ruled that Niall's bail pending appeal would have stringent conditions, meaning the appeal conditions would be such that if Niall appeals the conviction and is released from prison, he must stay away from all Shell work sites in Erris, including the compound on the beach at Glengad, the refinery in Bellanboy, and the Shell offices in Belmullet (as well as the surrounding waters of Erris). However as an objector to the Shell gas pipeline 'committed to civil disobedience to Shell's law' Niall refused to sign these bail bond conditions, essentially giving up the opportunity to be released from prison pending an appeal. He could have had his liberty by Friday, but he did not feel that he could rightfully agree to such extreme bail bond conditions which would essentially surrender his right to protest.
Eoin Lawless was up for Section 11 charges of trespass from an incident that happened over the Rossport Solidarity Camp gathering weekend on 31 May 2009. Garda Flannigan MY162 testified that protesters approached the perimeter fence of the Shell compound with scaffolding to help them jump over to the inside of the fence where there were gardaí and IRMS security waiting for them. Garda John F Mulligan was the arresting officer. The State called Martin McDermott from Roadbridge Ltd as a witness. Roadbridge are the project managers for the Glengad landfall project, and McDermott's testimony said that he is in charge of workings, various companies working in the compound, and authorising persons to go on site. He said that he did not authorise Eoin to go on site, however the judge ruled that the state did not provide sufficient evidence for a trespassing conviction. Judge Anderson said that there was no evidence from the site owner and that he had no proof that McDermott is the sole person who can authorise entry to the site, so the charges were dismissed.
Eoin Lawless was also up for a second hearing from an event that happened 30 August 2008, the same protest which Niall and Maura had faced convictions for that morning. Like Maura and Niall, Eoin faced Section 8 public order charges, failure to comply with directions of a garda. Gara Jim Daly MY98 was the arresting officer, and testified that it was not him but Inspecter Martin Byrne who had issued the Section 8 order. Sergeant James Gill MY23 also testified that Inspector Byrne had given the Section 8 order, and during his testimony brought up an 'incident' which had occurred in court that morning. He said that at 11:50pm [sic] Eoin Lawless approached him in court and allegedly told Gill that he was a scumbag for putting him in jail for four days for nothing. The defense lawyer responded by posing Sergeant Gill with the question 'Is there any truth to that statement?' The courtroom was highly amused by this, however Sergeant Gill was not and became extremely red in the face. The defense lawyer asked Gill if he needed a minute to compose himself, and said that 'Perhaps I should break down the question for you.' Gill accepted this offer, and the defense lawyer proceeded to ask him 'Do you deny the allegation that you are a scumbag?' At this point Sergeant James Gill's veins in his face were nearly bursting, and much of the courtroom was openly laughing at him. After a few awkward minutes for Sergeant Gill, the judge decided that the issue was irrelevant.
Sergeant Gary Walsh MY33 and Garda Martin McHugh MY67 also testified against Eoin Lawless, testifying about the protest that occurred on 30 August and that Inspector Byrne had issued the Section 8 order to the group of protesters which Eoin was a part of. The prosecution was not able to establish that any garda specifically gave Eoin the Section 8 order, but they seemed to be repeating that it had been given to 'the crowd generally'.
Jim Farrell, an IRMS Security manager, also testified against Eoin though he said he had 'no dealings with Lawless' and he was 'vague in my recollection of him'. When he was asked to clarify the IRMS relationship with the An Garda Síochána, Farrell responded that it was 'A professional relationship. Like anyone else, we call them if we need assistance.' The defense lawyer proposed that IRMS is like the 'first line of defense', then come the gardaí. However Farrell refuted that, saying that this particular protest had happened in the road outside the gates of the compound which was a public place, and that 'we don't have jurisdiction on public property.'
Eoin Lawless testified that he never heard clear directions by Byrne or any other garda, and that he was never asked why he was there, and that it never came into question what his lawful excuse might be. He said that if he'd been asked he would have explained that people's lives are being put at risk and that is his reason for doing whatever he can to block work on the project. However the judge did not see it his way. Judge Anderson ruled that Section 8 orders do not have to be given to individuals but can be directed at a crowd, and he convicted Eoin. The judge said that Eoin would have to sign a good behaviour bond to keep the peace for two years, and though Eoin expressed reluctance to sign a bond which gardaí could use against him in a corrupt manner, he agreed.
Iollain O Mongain, Eoin O Leidhin and Niall Harnett all faced Section 6 breach of the peace charges relating to an incident from 13 September 2008 when a group of protesters attempted to access the public beach at Glengad. Sergeant James Malone MY213 testified that it was 'unsafe' to access the beach because of the work going on. The judge ruled that in order for a breach of the peace to occur members of the public who fear potential future events must be present, and he deemed that as there were only protesters, IRMS and gardaí present, there were no members of the public. The Section 6 charges were dismissed.
Though the Section 6 charges from 13 September were dropped for all three defendants, Niall was also up for Section 2 assault of a garda charges from the same incident. Video footage was shown in court which raised serious questions about the gardaí's allegations of assault, and Niall argued that while he had held the hand of garda Hugh Egan MY101, he had only done so to prevent Egan from assaulting his friend who was stuck in the fence. The footage clearly shows the person stuck in the fence in distress and protesters asking garda Egan to calm down and 'use reasonable force'. Garda Egan is the garda out of uniform in the brown jacket. In court one defendant referred to Egan as 'a bull in a china shop.' The person who had been stuck in the fence gave evidence in court, and said that it was a 'disgrace' that Niall was up for assault when Egan's behaviour towards himself had been much more aggressive and reckless. Garda Micheal Clark MY2 testified that there were no IRMS security around the person who had been stuck in the fence despite photos submitted in court with the person surrounded by security. Despite a seeming lack of evidence towards an assault of Egan, Niall was convicted and given a second four month prison sentence to be served consecutively after the first one.
On Friday Maura appealed her conviction, and was released from prison on bail pending appeal. Niall is unable to do the same because of the stringent appeal conditions which he was given. He is currently in Castlerae prison in County Rosscommon, letters are much appreciated. His address is:
Niall Harnett,
Castlerea Prison,
Harristown,
Castlerea,
Co. Rosscommon
If you cannot send post, please sent messages of support to rossportsolidaritycamp[at]gmail[dot]com, and we will pass on the message (but obviously handwritten letters are nicer).
Niall Harnett
Stop Criminalising Our Community!
Maura Harrington
Niall on the Rossport Solidarity Camp
Caption: Video Id: hSDpvro0dww Type: Youtube Video
The footage which was shown in court from the 13 September
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Comments (36 of 36)
Jump To Comment: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36Le Chéile Saor Applaud Shell To Sea Resistance
Press Release/Preas Raiteas
Lé chéile Saor
Republican Socialism Today.
www.lecheilesaor.webs.com
On monday July 29th 2009 the free state judge Mary Devlin disgracefuly held seven shell to sea protesters on remand untill they are forced to face the courts again a few days later on July 3rd.The protesters were refused bail even though they have no record of convictions against them.These brave protesters only only have one thing on their minds and that is simply to protect Irelands resources and its people away from the dangers such as fuel been pumped through our seas.We already know the free state goverment couldnt give a damn about Irish resources or Irish heritage as on top of the shell pipelaying they have allowed the proposed M3 motorway to pass through Tara in county Meath.We find these acts careless,disgusting and insulting to the Irish people.We Le Chéile Saor put forward our full support to all shell to sea protesters for their stance up to now and for future protesting.We call for the release of these protesters and to do the right thing for once and stop the Shell project.
Damien Dillon
Le Chéile Saor
P.R.O
30/06/2009
STATEMENT ENDS.
Please remember that both Maura and Niall are very tough cookies, and they were/are prisoners of conscience. They knew the choice they were making in refusing to sign the judge's conditions to stay away from the Shell work sites, but they stuck to their integrity. Give them your support, and let this be further proof that we will continue to resist as long as this project continues!
I find it very interesting to see how -- despite major doubts about the constitutionality of the amazing "giveaway" arrangement between Shell and our Government (Executive, Legislative, and Judicial) -- members of our judiciary (Judge Anderson this time around), continue to vigorously support this incredible "bargain for Shell" (at the expense of our Nation): without showing the slightest hint of any doubt about it in public apparently.
For more on this particular aspect of things, please see at: http://www.google.com/search?hl=en&q=Unconstitutional+l...&aqi=
All of our judges have to subscribe to upholding our Constitution in the presence of our President and other judges (as stated in Articles 34.5.1 and 34.5.2 of Bunreacht na hEireann) before they can perform as judges.
What's gone wrong?
Far more importantly, how can things be put right by peaceful means?
And, how long will it take to put things right: for our Nation, and for all the citizens of our Nation?
Sending these two protestors to jail appears to me to be a move (by our Judiciary) that is VERY much in the wrong direction.
Solidarity with Erris' prisoners of conscience - their courage is inspiring.
By the way, Egan is MY 161, and in my experience, more zealous to harrass anyone suspected of dissent from State crime than to ensure the safety of people in Mayo.
Maura and Niall are not just prisoners of conscience THEY ARE POLITICAL PRISONERS.
This latest Fianna Fail device to harass and abuse peacefull campaigners by repetetive jailing is another addition to the ongoing crimes of the state.
Ireland will be responsible for the shamefull abuse of democracy. The silence of the opposition parties is compliance of Fianna Fail crime. The silence of the media and the public in general is also compliance of the criminal conduct of the government.
The people of Ireland are contributing to the destruction of this country, unless the people rise up and take controll and return the state to democracy they will deserve the out come of criminal leadership.
VOTE NO TO LISBON. other wise you will srengthen the power of these crooks.
Maura and Niall are experts of what this state has become and their sacrifice is respected and apreciated by all the people that share their ideals . THANK YOU FOR YOUR COURAGE.
Shame on the Green Party for the way they keep on supporting all of this wrongdoing at the hands of what must be the most corrupt Government we've ever had.
It's well time now for the Green Party to force a general election by terminating their partnership in Government with Fianna Fail.
The plans for a SECOND (and completely unnecessary, unwanted, and probably unlawful) Lisbon Treaty referendum need to be scrapped, and replaced by plans for a general election - which now seems infinitely more important.
Quoting the constitution at every available moment, in the bizzare hope that someone in a position of power might hear it and have a change of heart, is as effective a tactic as voting for the Greens is. The focus & emphasis should remain on trying to build a movement around the natural resources issue, rather simply expecting the judiciary and government to magically perform a 180 degree turn due to some mythical notion that the ruling & ruled have a common allegiance to a 'nation'.
In a country where corruption and greed flourishes and is rewarded, we will always need people of conscience like Maura and Niall to protect our constitution.Our constitution clearly states that the natural resources belong to the people of IRELAND,to be used for their benefit ,at the same time protecting the environment.The need to do that at this time of economic gloom and climate change could not be greater.
Whilst the Minister for Justice continues to turn a blind eye to the many denials of human rights and civil liberties ,allowing the GARDAI to behave as they wish , criminalising those opposed to the dangerous raw gas pipeline ,the onus is on all of us to continue that civil disobedience ,whatever the cost .The failure to ratify the Aarhus Convention ,the continuation of State and Judical Tyranny against the People leaves us no choice.
I am very shocked by that video, by everything I have read here also. I was at the Seanchas Festival in Wexford last weekend and a S2S video was shown there and it too was very shocking- more of a hard hitting documentary style video. If more people could be made aware of what was going on....
Solidarity, you are all so brave- especially Niall and Maura. Thank you.
Not being smart but did you attend the protest in Newbridge? You are based in Kildare are you not?
http://www.indymedia.ie/article/93294
Thanks yet again for your brave principled stand Niall and Maura.
Sincere solidarity to Maura and Niall.
Everything is OK people of Ireland.
Our politicians have the situation under control and are acting in our best interests.
Everything is OK.
thanks for the report and heads up for Maura and Niall. kia kaha!
could the editors please consider making a feature out of the last Shell To Sea articles? i reckon there will be another arcticle later today after the gathering in Galway.
ka kite,
Pouring gloomy rain didn't prevent a goodly crowd of supporters turning out in Galway's Shop Street to hear Maura Harrington speak this afternoon, Sunday. Hand-outs were offered to passers-by.
Galway gives a supporting leg-up!
In water logged Galway where the rain dampened spirits and effected turnout, anger was sizzling hot at the recent savage custodial sentences imposed on two of Shell to Sea's finest; Maura Harrington and Niall Hartnett, but overt state repression and criminalization only makes us stong, we are not for the breaking and this is clearly evidenced in the case of brave Niall and Maura who refused the easy option of being neutralised as regards dissent and choose, if that is the right word, imprisonment on point of conscience.
Video to follow.
Maggie Heneghan of the SWP
Oscar : "The unspeakable in vindictive pursuit of our finest. Eduard : "The fools, the fools, they have left us our prisoners of conscience"
Fair play to you all for the turnout in Galway! The banking crisis has made people realise what greedy gits have been managing what should be all the people's resources.
http://www.youtube.com/watch?v=GMI8KOAlaNo
Solidarity and best regards to all in struggle to support community of Rossport from Barcelona
Keep up the strength, bear bua, Rossport abu
Dunk
Times coverage;
Two Corrib gas protesters jailed (Thursday, July 30, 2009, 17:59)
http://www.irishtimes.com/newspaper/breaking/2009/0730/....html
Protest outside Mountjoy after Corrib protester jailed (Friday, July 31, 2009)
http://www.irishtimes.com/newspaper/ireland/2009/0731/1....html
Related;
Film highlights conduct of oil giants
http://www.irishtimes.com/newspaper/ireland/2009/0710/1....html
http://villagemagazine.wordpress.com/2009/07/16/julyaug...lage/
Village magazine- Rossport: does the truth matter?
Is this a language thing? Just like we define "boycott" differently than you do (our scope of the term is narrower) you define "civil disobedience" broader than we do?
The term originated with Thoreau's essy by that name. We here in the States use the term to refer to protest actions which intentionally break some law or other. If it's a legal protest action (or of we think we are breaking no laws) we call it a protest action but NOT "civil disobedience" -- there being no disobedience involved. In other words, people (here) doing CD expect to be arrested.
Of course you can get arrested doing a perfectly legal action too. But in objecting to that would certainly not claim that one was doing a "civil disobedience" action.
To Mike Novack at Aug 03, 2009 19:13
I think it is "language thing", and personally I believe it might be best if things were tightened up, and better defined -- so that protestors were more aware of "what's what" exactly, and hopefully safer as a result.
But this is Ireland, and the overall situation you are usefully drawing attention to seems a bit like the pronunciation of the the word "either" in certain parts of the country: where it is claimed that the word "either" can correctly be pronounced as in "e-ther", or, as in "i-ther": AND, that "ay-ther" will do "the finest" in any given situation!!
Lawlessness and tyranny -- implemented with impunity by our "public servants" -- are known as "democracy" and "the rule of law" here in the Republic of Ireland.
you will never break the irish people stay strong to all involved in this war and if mary nevins is reading this i will be sitting in your garden very soon
It's about time people woke up in Ireland and see what's really going on, the protests are not working they never do, the rich and elite will always supress the general public as long as the sheeple go along with it. Obviously the gardai are not there to protect us they are been trained nowadays to be immoral monsters and turn us into obedient robots, the government is their to take away our rights and the banks are their to limit our freedom by making us dependant on money. This has to stop, people in ireland need to wake up and see who's controlling the stage play we call life. We have to unite and throw out this corrupt government, retrain the gardai and get rid of foreign security who are known to be killers.
It is clear from the example of the arrest of the Thomas Cook sit-in workers on the same day that Liam Carroll, developer, gets a cloak of court protection, however temporary, thrown about his businesses and bankers crow to support him, that the class divisions in Ireland are wider than ever. A poor man can get tossed out of his apartment because his benefit is cut and he is unable to pay the rent: a banker owing billions gets court protection. The Irish Navy can be called in at the behest of a multinational to turns its threat against Irish citizens; a protestor in Mayo can have her car windows smashed in by police and the act filmed on video and no one can even begin to hope that any member of the police will be hauled up to answer for it - but the demonstrator can face arrest!! We are facing a free-fall disintegration, slow but steady. People will have to begin to understand that, when even respected newspaper columnists are asking why we aren't on the streets, perhaps it is time to look at our indolence and cow-like impassivity. European countries laugh at us for our silence and lack of action. Fianna Fáil becomes a dictatorship and we stay silent - our intellectuals, academics and writers most silent of all. What James Connolly and others fought for was wrecked by The Thomas Cook Affair. Democracy is trampled upon in Mayo.
http://www.indymedia.ie/article/93424
It cannot be said often enough that RTE is the STATE broadcaster and therefore will do the will of the State first and foremost. For some reason we consistently ignore this fact and think that we have a free and independent broadcaster at work out there. This clearly ignores the facts and the history. For all that TDs have bleated that there is no 'interference' between government and the broadcaster, this has been shown in the past not at all to be the case. Remember the row over RTE showing Brian Cowen's portrait on the RTE news? The State was saying it would not be mocked. RTE cravenly apologised. They were ordered to. In fact, they were simply reminded of their role.
RTÉ are a disgrace, and need to hear from the people who are paying their wages. We were amazed that the RTÉ TV detective story 'Single-Handed' (set in the West) actually showed the institutional corruption of Gardaí, and had a crooked Gard character who was a ringer for Bertie!
"It seems to me that the real political task in society such as ours is to criticise the workings of institutions that appear to be both neutral and independent, to criticise and attack them in such a manner that the political violence which is always exercising itself obscurely through them will be unmasked so that we can fight against them". (Michel Foucault)
What's Minister Ryan's porttfolio in government? Hasn't he responsibility for R.T.E.?
One of the reasons that some people pick the Martyr route is to get publicity for a cause.
Now getting yourself locked up for a cause is a Marytyr route, but here, in the case of Rossport, we do not even get the spin off of the oxygen of publicity.
Not a word was spoken on RTE about the jailings of Maura and Niall despite press releases to that outfit.
RTE's "Mission" as promulgated by that organisation is to : "Nurture and reflect the cultural and regional diversity of all the people of Ireland...
Inform the Irish public by delivering the best comprehensive independent news service possible
Enable national participation in all events."
Align that with the broadcasting directive in Art 40.6 of the Constitution, which assigns "grave importance" to the education of public opinion via broadcast and print media, including "criticism of Government policy" via that same media and you have a situation where RTE is urinating all over the standards it sets itself and the Constitutional directive at Article 40.6.
Now could we get people to protest at the station in large numbers to demand that RTE adheres to its own standards and the Constitution ?
Many more people will go to jail on minor or trumped up charges,these are the latest
attempts to quell this campaign,jailing Niall Hartnett and Maura Harrington ,beating up
Willie Corduff,sinking Pat Odonnells boat and endangering his life and that of his
companion,inflicting injury on many other campaigners.
There are no limits as to what next this morally and financially bankrupt Government
will do to appease SHELL .
How can you silence those who campaign for their basic human right to live in a clean
environment,free from the danger of an deadly explosion from an experimental RAW
gas pipeline ,How can you make these same brave people,these peaceful people
deny their conscience to accept a project that is so wrong.?
Answer------you cannot.
Keep sending letters & cards of support to prisoner of conscience Niall Harnett in the Castlerea prison. Shell to Sea! Beir bua!
A good number of leaflets were handed out in Cork City yesterday drawing attention to prominent S2S campaigner Neil Harnett’s continued detention for minor offences.
Harnett’s appeal will be heard in the High Court this coming Monday 17th August.
Failing a satisfactory outcome the Vigil will continue to happen weekly on Wednesdays at 5.00 p.m. at Daunt Square.
Photos from the vigil we held for Niall on Wed. The vigil will continue if his appeal on Monday is disallowed. Solidarity to Niall from all in Cork Shell to Sea!
Banner at vigil
Message of the vigil
Table at the vigil
any news? what happened at court? how did the demonstration go?
Interesting news, just put up recently on p.ie;
district court case in Ballina on On Friday last, Rossport resident Monica Muller won her case and judge Mary Devins convicted Shell of contempt of a court order, sentencing is adjourned to the 17th September. Remember it was the conviction of contempt that jailed 5 of Monica's neighbours back in 2005! This will have serious repercussions for Shells plans to lay their pipeline through Rossport (probably under the protection of IRMS). The decision means that in the eyes of the courts Shells hands are now dirty and it will be interesting when Shell seek the protection of the courts in future. Shell have been convicted of showing total disregard for Irish law and disrespect for the Irish courts, I wonder if there are any other aspects of their project where they have shown similar contempt for the law?
http://www.politics.ie/foreign-affairs/61194-irish-invo...41664