Niall Harnett Released on Bail from Custody after 15 Days at Castlerea Prison.

mayo | environment | feature

Monday August 17, 2009 20:20

by Carol Weafer - Rossport Solidarity Camp

rossportsolidaritycamp at gmail dot com

Niall with supporters leaving Cloverhill Prison

Niall Harnett has been released from custody following confusing circumstances involving a temporary release of sorts last Friday 14th and a withdrawn 'mute' application at the High Court in Cloverhill today Monday 17th August.

Related Links from Indymedia.ie:
Two Anti-Shell Campaigners Jailed for Civil Disobedience | A weekend in Erris at the national Shell to Sea meeting | Shell's Lackey's in the Media Out in Force Again | Message to an Bord Snip Nua. Resolve the Recession. Tax Shell! | Reports that Pat the Chief's boat was sunk last night | Massacre of Indigineous Amazonians in Peru - 25 dead and counting | The Pirates of Broadhaven Defeat Shell’s Armada | Prison van carrying Maura into Montjoy blockaded for 20 minutes by Dublin S2S | Shell security attack Willie Corduff after illegal Glengad compound dismantled | Scuffles At Mountjoy As Maura Harrington Is Jailed |

Related Links outside of Indymedia.ie
The website of Shell-to-Sea - CorribSOS.com
Keep the pressure up: Contact ALL TDs, Senators, and MEPs in Ireland and let them know how you feel about Shell in Rossport - Contact.ie

Niall was given what he thought was a 'temporary or technical weekend release' on Friday last at Castlerea, pending his court appearance this morning.

“Apologies to everyone for not declaring that I was given what can only be described as a 'technical' release last Friday, but I was confused as to what to do over the weekend and thought it better just to lie low and hook up with Carol to see how she was getting on. But it's great to be out now, in any case”, said Niall

Here's Niall's account of how it all happened.

“At approximately 3pm on Friday 14th August I was in my cell when a prison officer told me “to pack up your stuff, you're going”. “Where am I going?” I asked. “I don't know”, he said, “I've just been told to tell you that”. I wondered was I going to another prison. About 10 minutes later another officer arrived at my cell to collect me. I asked him where I was going and he said that he had been told that I was out on bail. I asked him how that happened or had there been an early court or suchlike. He said he didn't know, he was just told to bring me to reception and the governor was waiting to see me.”

I was brought to 'Reception' where I was asked to return my 'prison issue kit and clothes'. My own clothes and property were returned to me. I asked the officers at reception did they know how I was getting out, but they didn't. They just said that the governor was waiting for me in the Administration Office.

I was brought to the Administration Office where a friend appeared to be waiting to collect me. He seemed as surprised to see me as I was to see him. The governor was busy with someone else and I spoke to my friend. I asked him what was happening and he told me that he had come in to pay the financial surety required to initiate the appeal of my convictions, following his 'approval' as an independent surety at Castlebar District Court on Wed 5th Aug 2009. I asked him did he know anything about me being out on bail, and he said he didn't.

Then I spoke to two senior prison officers who told me that they presumed that I wanted to get out on bail given that my friend had come in to pay the money as a pre-requisite to bail and my appeal. I asked them had there been any change to the bail conditions and they said no. They said that I would still need to sign my agreement to the conditions in order to be released that day.

I told the officers that I really had no choice but to reject the conditions again and go back to my cell but that I was reluctant to do that as I felt caught between a rock and a hard place, given that I was mentally prepared to leave now and all packed and ready to go with a lift waiting for me outside. Going through the process of readmission to the prison at reception is also a process that I did not fancy going through again as it had taken me nearly 2 weeks to get any of my own clothes and personal stuff into my possession after having been stripped of everything of my own on my previous admission. I assumed that the same process would begin all over again.

The officers told me I had 2 options.

1) I could reject the conditions, remain in custody, and they would ensure that I got to court for Monday 17th,
or
2) I could sign the conditions (for the weekend!?!), explain the position to the judge, fight the bail conditions on Monday, and in the event of failure in the court I could reject the conditions at that point again, and return to the prison on Monday eve.

I thought about it for a few moments and thought that if I signed the conditions at this point, then it would give me the opportunity to return for the weekend to see my girlfriend Carol at the Rossport Solidarity Camp and find out how she was coping with a view to helping me make my mind up as to what I wanted to do in court on Monday. It would also afford me the opportunity to get some legal advice before Monday etc.

So, rightly or wrongly, I chose to sign the bail conditions temporarily and I was released from custody at Castlerea at approximately 4.30pm on Friday 14th August 2009. I returned to the camp at Glengad at about 7pm and spent the weekend with Carol and my friends at the camp. Please forgive me for not telling people that I was out. I wanted just to keep a low profile for the weekend, just to avoid any fuss or confusion about my release circumstances etc, as I was unclear and confused as to what was happening and what to do pending court today.

I emailed my lawyers over the weekend, explained what happened and met them today, an hour before court at Cloverhill. They told me this morning that, in a nutshell, because I had signed my release and bail conditions, (however temporarily, after misinformation from the prison officers), the matter was no longer a 'live issue' for today's court to determine as I was no longer in custody. The relevance of today's court was in relation to people's liberty and because I was actually at liberty AND had signed the conditions then this was a 'mute' issue for this court and a matter now for the Circuit Court and I must take my application to remove the conditions, to that court, at a later date. Today's application was withdrawn from the High Court and I remain at liberty.

So the effect of all this is that, due to whatever confusion, or however I was misinformed by the prison officers, and however reluctantly ... I have signed the bail conditions fixed at Belmullet the day I was convicted, and I have to live with that for now until I get a date in the circuit court to continue to try and reverse them.

So that's how it happened. Quite confusing and unresolved in my own mind even, after it all. In hindsight I might have done things differently. Sorry again for not saying all this to people over the weekend and for not informing the Indymedia editors, but please understand it's been an awkward and difficult situation to be in and in my own mind, at least, I did not yet feel completely at liberty.

Thank you so much to everyone for all your support while I was in jail. Letters and cards started to arrive at my cell a few days after my imprisonment and lifted me no end. I really appreciate every little thing from the briefest note to every big thing like demos and stalls etc. I am no hero or anything like it and thankfully I was right in that I do not fit the bill of the Shell to Sea martyr etc. What compels people to come and come again to the camp, to persist with the Shell to Sea aims, is what compels and inspires me to press on also. Shell to Sea is a fight for community, environment and the sustainable and proper management of OUR natural resources.

'When wrong becomes right, it's our duty to fight'.

Jail is doable and manageable. I suppose the most difficult thing about it is the time. Doin' time. 8 months is a long time, but all things are relative, and I've met others doing, 3, 5, 8, 10 and 15 years etc. There's a lot of hard men in jail and it feels intimidating, especially in the first few days, but you get to know people quickly and become settled.

Again, thanks for all the letters and the cards and the pictures and the photos. These are the food of life in jail.

So I'll leave it at that for the moment friends. Thanks again all. Stay focused. We fight on.”

Niall.

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Comments (26 of 26)

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Erris Dishonesty Syndrome is spreading!

by FSB!

Mon Aug 17, 2009 18:54

It is typical of Shell rule in Ireland that Niall would be lied to by agents of the state to induce him to agree to bail conditions that he'd previously refused. I wonder will this be the standard of integrity that the state will hold themselves to when dealing with opponents of Shell and other oil and gas vampires. Even though he has now technically agreed to the bail conditions imposed on him due to the deception practised by his captors, I still offer him my solidarity. Keep fighting the oil and gas vampires Niall!

So confusing

by Ben

Mon Aug 17, 2009 19:36

FSB says
It is typical of Shell rule in Ireland that Niall would be lied to by agents of the state to induce him to agree to bail conditions that he'd previously refused. I wonder will this be the standard of integrity that the state will hold themselves to when dealing with opponents of Shell and other oil and gas vampires. Even though he has now technically agreed to the bail conditions imposed on him due to the deception practised by his captors, I still offer him my solidarity. Keep fighting the oil and gas vampires
You would have to wonder though niall has pleaded before not to be jailed.... do you really think he signed that paper not knowing what it was, come on niall confirm you folded in two in there.

Great news!

by Cormac

Mon Aug 17, 2009 21:07

Welcome out Niall - an inspiration to all -
The fight goes on!

Puzzled (to Niall)

by Martin

Mon Aug 17, 2009 21:30

"These terms include not being allowed near the Shell compound at Glengad, Shell's refinery site at Bellanaboy, the Shell offices in Belmullet and the Broadhaven Bay area."

Do you now have to abide by these bail conditions, and if so how is it okay for you to be at the Camp - which I imagine must be somewhere within the area described above?

Anyway, and all that aside, I'm very, very pleased that you are out of jail.

Simple fix!

by CL

Mon Aug 17, 2009 23:04

All Niall has to do is break the conditions and he will be back in jail, and then he can go to high court to appeal.
or maybe Ben is correct!

Back at the ranch

by Insider - None

Mon Aug 17, 2009 23:36

Meanwhile in Erris job losses are coming thick and fast in Ballinaboy and the second properties bought to cash in on the 'boom' are

starting to lie empty. The famous pipeline is waving all over the jagged seabed of Broadhaven because, as we said many years ago,

the currents in the bay are just too stong to allow for the kind of stability that's required. Now, for the first time in a long time, the pressure

begins to swing back on Shell. Let's see how they deal with it.

Glad to know Niall Harnett is out of prison

by marianmor

Tue Aug 18, 2009 00:54

I welcome the good news of your release and good luck with your next approach to the Judiciary. While I do not know you personally I admire your calibre and the calibre of all those involved. Do bear in mind the following for the future and that is ' you are master of an unsigned document but once signed it becomes your master '

Core blimey

by Grubster

Tue Aug 18, 2009 02:07

Core blimey, I only went onto indymedia to get the address of the prison to write Niall a letter and it says he's out. That really was the last think I was expecting to see but am all the happier after reading that. My strength and thoughts are with you still all the same Niall and everyone else in Mayo. You're a Star!

wavy line

by ben again

Tue Aug 18, 2009 07:47

you say
Meanwhile in Erris job losses are coming thick and fast in Ballinaboy and the second properties bought to cash in on the 'boom' are

starting to lie empty. The famous pipeline is waving all over the jagged seabed of Broadhaven because, as we said many years ago,

the currents in the bay are just too stong to allow for the kind of stability that's required. Now, for the first time in a long time, the pressure

begins to swing back on Shell. Let's see how they deal with it

So yo have affected your own research on the currents in the bay, indeed the currents world wide, i suppose the inter-connector would never have happened with an attitude like yours, you should go back to your romantic view of mayo and stay in there the rest of the world will pass you by and not really care about you.

BEN hasen't lost his job with SHell

by old codger - pensioner

Tue Aug 18, 2009 10:39

Shells trolls are very happy that their corrupt allies have managed to confuse the issue once again.
Niall was sent to prison because of a sustained campaign of LIES created by Gardai and Fianna Fail judiciary, It is no surprise that these people have unlimited power to twist truth and confuse issues, they work for the same people that are preparing to introduce NAMA to further confuse and rob the people of Ireland . They have had many decades to practice deceipt and lies and are succeding to ruin our country.
Welcome home Niall it does not matter what you signed i know that you will still stand true to your beliefs and carry on fighting corruption.

LET'S ALL VOTE NO TO LISBON 2 Send SHell to hell and Fianna Fail to.

terrific news

by Chrissie - Shell to Sea Cambridge

Tue Aug 18, 2009 12:55

Congratulations, love, & solidarity to all Shell to Sea supporters & Rossport Solidarity Campers - a brave & determined group of people who've faced down violence & intimidation from Gardaí & Shell 'security', & prison too! A wonderful example of non-violent resistance to those who would devastate the environment, which is all we have. Hasta la vista!

too weird for the wire - flesh and blood defence

by real human

Tue Aug 18, 2009 19:15

Too Weird for The Wire

How black Baltimore drug dealers are using white supremacist legal theories to confound the Feds.
http://www.washingtonmonthly.com/features/2008/0805.car....html

EXCERPT: In the previous year, nearly twenty defendants in other Baltimore cases had begun adopting what lawyers in the federal courthouse came to call “the flesh-and-blood defense.” The defense, such as it is, boils down to this: As officers of the court, all defense lawyers are really on the government’s side, having sworn an oath to uphold a vast, century-old conspiracy to conceal the fact that most aspects of the federal government are illegitimate, including the courts, which have no constitutional authority to bring people to trial. The defendants also believed that a legal distinction could be drawn between their name as written on their indictment and their true identity as a “flesh and blood man.”

An awful problem which has no obvious solution

by Archimedes

Tue Aug 18, 2009 19:29

It seems there is a massive power struggle "building up steam" between our no-expense-spared judicial "horse" (ridden by "big business"), and the People of the Republic of Ireland (foot-soldiers armed only with "sticks and stones" as it were) -- which has the judicial system beating the living "be jaysis" out of the People at the present time.

These tyrannous bastards of judges very badly need to brought down off their high horses by peaceful and lawful means: but how, that is the question?

The fuckers are not elected - so the bad eggs that are primarily responsible for drawing us all down into the stinking swamp of corporate corruption and crime cannot be got rid of by the electorate.

The enforcement of unjust laws by our judiciary

by Insight

Tue Aug 18, 2009 20:57

"Today throughout the West, the uniquely just form of due process, Trial by Jury, has been utterly usurped by politicians and judges in order to enable legislatures to foist illegitimate anti-democratic measures on the population through the courts. However, the act of enforcement of unjust laws is a crime per se, which is punishable according to law." (From http://www.barefootsworld.net/trialbyjury.html )

Welcome to freedom Niall

by Justin Morahan

Wed Aug 19, 2009 18:17

It's where you belong.

"Deep in my heart I do believe that we shall overcome one day"

great news

by Barry

Wed Aug 19, 2009 19:23

i was delighted to hear the good news!
best of luck Niall, see you at the camp

freedom

by buachalan bui 3b

Wed Aug 19, 2009 20:34

"The free man is .if he is really free.freedom itself.yet only insofar as he is free.(Meister Eckhart)

Old buck

Thu Aug 20, 2009 07:45

Old Codger saysShells trolls are very happy that their corrupt allies have managed to confuse the issue once again.
Niall was sent to prison because of a sustained campaign of LIES created by Gardai and Fianna Fail judiciary, It is no surprise that these people have unlimited power to twist truth and confuse issues, they work for the same people that are preparing to introduce NAMA to further confuse and rob the people of Ireland . They have had many decades to practice deceipt and lies and are succeding to ruin our country.
Welcome home Niall it does not matter what you signed i know that you will still stand true to your beliefs and carry on fighting corruption.

LET'S ALL VOTE NO TO LISBON 2 Send SHell to hell and Fianna Fail to.

So can i ask wre you there, do you really believe nh signed something without understanding it? A man who thinks himself clever enough to represent himself in court? You must be easy led if thats your take on it, oh i see your bottom comment your def easy led. XX

To troll Ben

Thu Aug 20, 2009 10:56

It does not matter why he signed it. He is trying to stand against corrupt people that do not fight fairly , they use lies and deceipt to controll edjits like you.
Niall refuses to be an idiot and is entitled to use the same rules that they use . If they lied to Niall then he is entitled to lie back.

Yes i am easily led but i will only be led by honest people. i will not bow down to criminals LIKE YOU DO.
VOTE NO TO LISBON.

more romance for ya Ben!

by krossie - aging anarchist

Thu Aug 20, 2009 13:24

Here here!

When the rebel ballads are written and recited in future centuries over the graves of the Mayo heroes, names like Pat O’Donnell, Maura Harrington, Willie Corduff and Eoin O’Leithin will undoubtedly enjoy pride of place. It is unlikely however that any bog bound bard will toast the bold deeds of Neil McEleny -a great shame. While campaigns are won and lost on the long term dedication and commitment of many people, sometimes an accidental or reluctant activist can expose the powers above in ways that are both subtle and profound. McEleny is the last person you could imagine blocking a road or climbing on a truck to protest an industrial project. Since the age of sixteen, McEleny has worked on building sites all over Ireland, blessing every new bypass, shopping centre and industrial project as proof of God’s unstoppable will. McEleny is built like a Rugby player and looks like he would be more at ease with Shell’s construction workers inside the Bellanaboy refinery site than around the fire at the Solidarity camp, cooking up another round of Direct Action.

Michael McGaughan

http://corribgas.net/

muppet show

by bubble bath

Sat Aug 22, 2009 18:11

niall is out better to be than stuck in that urine soaked prison of perscution for been an out standing irish citizan, i find it hard to understand that those masked thugs in IRMS have only to pay a small fee between 85 and 100 euro to hold a annual liscence to do what ever they seem fit or whatever ideas they got from the previous evenings A team re runs ah sure top of the morning to all those big brave men involved or whatever the eastern europe x military black and tans equvilant is !!

Eureka

by Etain

Sun Aug 23, 2009 10:35

The "Archimedes" (Tue Aug 18, 2009 19:29) and "Insight" (Tue Aug 18, 2009 20:57) concerns and information expressed in this article have been sent by e-mail to all (or almost all at least) of our elected representatives in Dáil Éireann, to our Seanad Éireann members and MEPs (Members of European Parliament), and to a very limited selection of our media and peace organisations and personalities as well.

Details are available via the list provided at the following address:
http://www.humanrightsireland.com/DailEireannGroup1/21A...kmark

Chuffed Niall is out!

by Paul

Mon Aug 24, 2009 15:41

Very glad and happy to hear Niall is free again. Keep up the good fight, it is inspirational!
Pól Séoighe Mac Aodh.

raise the Iona Isle

by cable - Shell To Sea ~ Cambridge

Thu Aug 27, 2009 11:18

Irish Times 26/8/2009:

A FISHING boat that sank in mysterious circumstances off Erris Head, Co Mayo, early on June 11th last, may be raised from the seabed if located.

Chief Supt Tony McNamara has confirmed that, at the request of the Garda, a Naval Service diving team was working in the area yesterday, where the Iona Isle sank.

The Iona Isle was one of a small fleet of crab fishing boats owned by leading Corrib gas project opponent Pat O’Donnell.

Mr O’Donnell claims that on June 11th, while guarding his fishing gear ahead of the arrival of the Shell-contracted pipelaying vessel, the Solitaire, his boat was boarded by four armed men. He says they held him and his crewman captive while they set about scuttling it.

He also claims the men spoke with foreign accents and steamed out to the open sea after his boat was damaged. He says he managed to launch a life raft just minutes before his boat sank.

At the time, Shell EP Ireland said in a statement that it “emphatically rejected” any allegation that “people employed on the Corrib gas project were involved in any way in the incident which led to the sinking of the Iona Isle ”.

Speaking yesterday, Chief Supt McNamara said that as part of the Iona Isle investigation “we have tasked the Navy to try and locate the fishing vessel in question.

“First of all we have to try and find the Iona Isle and the next question is what depth of water it is in. These waters are excessively deep for any diving operations,” said Chief Supt McNamara.

“If it is possible to lift it and it is economically feasible we will consider it,” he added.

Responding last night, Pat O’Donnell told The Irish Times that this development was “good news”.

“While it is very good news it still isn’t going to capture the four men who boarded my boat in the middle of the night and terrorised me and my crewman,” Mr O’Donnell said. “I was very disappointed that the gardaí didn’t act at the time and immediately set up checkpoints at all the ports around Mayo,” he added.

Eddie Diver, the chairman of the Erris Fishermen’s Association, also welcomed the news that the Iona Isle may be raised.

Welcome out Niall

by paul o toole

Thu Aug 27, 2009 13:14

pauljotoole at eircom dot net

Welcome out to low security living...as opposed to where you were. Your a fucking trooper and Maureen also. Fair fucks to you, and to the bottom of the ocean with Fianna Fail, Devins, Shell and alltheir thugs in 'security', media, RTE (refuse to tell the electorate), politics and all the lowlife scumbags who suport the desecration of this country and the theft of its resources from its citizens.

Enjoy the outside, May the ancient spirits of this part of the world, that was once this countrys strength for melinium intimes of strife, guide and protect you.

RESEND to New Scotland Yard: "Every act of injustice is a common law crime."

Sat Aug 29, 2009 18:22

==========================

"Dear Sir or Madam (at New Scotland Yard),

"Please note that two earlier attempts (in recent days) to send you information have both resulted in the http://www.humanrightsireland.com/DrAnneJeffers/23Augus...l.htm link having an extra '.' added between 'Email' and 'htm' during transmission: which means the link fails completely by the time it reaches its destination.

"You may also wish to note -- in case the same thing happens (for a third time today) with this particular email -- that the error on my first attempt (of Thursday, 27 August, 2009 11:24 AM) has been corrected on the copy now available at:
http://www.humanrightsireland.com/NewScotlandYard/27Aug...l.htm "

==========================

Full details available at:
http://www.humanrightsireland.com/NewScotlandYard/29Aug...l.htm

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Niall Harnett Released on Bail from Custody after 15 Days at Castlerea Prison.

Comments (26 of 26)