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Owen Rice Ennis Court Report 27 Feb 04

category clare | anti-war / imperialism | news report author Sunday February 29, 2004 19:11author by Court Reporter Report this post to the editors

Owen Rice kicks ass, demolishes state arguments

Owen finally got a chance to make arguments against the bail conditions imposed on him. The judge had previously denied Owen the chance to make arguments. Owen (who hadn't eaten for over 2 weeks, stood for 70 minutes and totally out-manouvered the state, including giving a serious 16 minute grilling to Inspector Tom Kennedy . Read on. -skip the background if you already know it. The words don't do justice to the flair and concentration of Mr. Rice, nor the flustered squirming of Inspector Kennedy and the pained expressions of the judge.
Owen will be in Cloverhill Court on Monday morning to apply for the original bail conditions to be restored, and the new ones quashed.

Court Report: DPP v Owen Rice - Ennis District Court 27/2/2004

Background.
Owen, on the 15th day of a hunger strike, was appearing for the 5th or 6th occasion on charges of dangerous driving, obstructing a Garda and breach of the Peace allegedly occurring on December 6th behind Shannon airport, and December 7th in Shannon town centre. Mr. Rice denies all the charges against him.
The Hunger strike was in protest to being remanded in custody in Limerick Prison on Feb 12th, for refusing to accept altered bail conditions imposed by the judge without State application -that he be banned from the County of Clare. This appearance was for continuing bail and applications for evidence to be disclosed.

Owen Rice had previously been prevented from arguing against his bail conditions by the Judge. On this occasion, the judge allowed him to ask the State for a Justification.
The prosecuting Inspector appeared obviously unhappy being put on the spot to provide a justification, which the Judge himself was unwilling to state. Once the judge had opened the tiniest crack for Owen, he started to tear it open, and the prosecution was stuck for an explanation.
The prosecutor made a phone call to Inspector Kennedy, who appeared to be off duty, to come in to back up the case.
Mr. Rice, who had been on hunger strike for two weeks in prison, seemed to have a keen appetite and went for the jugular when given the opportunity to cross examine.

REPORT BEGINS.

Venue: Ennis District Court (Eire Óg GAA Club Ennis)
Date: Friday 27th February 2004.

Personnel:
Joseph Mangan Judge presiding
Owen Rice Accused
Inspector Gallagher Prosecuting on behalf of the state
Inspector Tom Kennedy Prosecution Witness

Court started at approximately 11am.
Mr. Rice was brought in handcuffed to another prisoner and accompanied by police and prison officers. He looked pale and thin.
Mr. Rice’s case was called early in the proceedings.
Inspector Gallagher, prosecuting, made an application for the State to continue current bail conditions on Mr. Rice as laid down by the Judge on February 12th.
Mr. Rice asked to make applications, but the judge said he wanted only to hear whether Mr. Rice would accept the conditions. The Judge had used this tactic to silence Owen on the previous appearance in Corofin.
Mr. Rice asked for a reason to justify the state’s application.
The Judge again stated that he wanted only to hear whether Owen would accept the conditions, but Mr Rice persisted and asked Inspector Gallagher to justify the application. The Inspector did not look happy to be asked to justify what was in truth, a decision by the Judge. He gritted his teeth, and after a short pause, said “due to certain activities of Mr. Rice, we do not feel that the defendant has any lawful business at Shannon airport”
Mr. Rice, asked him to define, clarify, or explain, what was meant by “certain activities” and asked if Inspector Gallagher was even aware of the supposed activities.
There was no answer heard from the Inspector.
The judge intervened to save the Inspector, saying that he would let the matter stand until later, at which time the Inspector “might outline the reasons for the application”.
A phone call was made (by Inspector Gallagher)
At 12:20 inspector Kennedy arrived, in civilian clothes and sat at the desk between Inspector Gallagher and Sgt CL6.

At 13:30 the Judge returned to Mr. Rice’s case.
When he was called, Mr. Rice stood up and stood before the judge.
Inspector Gallagher told him to move back a few steps before calling Inspector Kennedy as a witness.
Inspector Kennedy was sworn in and Inspector Gallagher addressed him.

Inspector Gallagher asked Inspector Kennedy if there was a need for these bail conditions excluding Mr. Rice from County Clare, and if so, what the reasons were.

Inspector Kennedy replied that “Mr. Rice is an active member of the anti-war movement” and that he had been at “all the protests at the airport”, had been seen “in and around the area of airport at various times”. Inspector Kennedy asserted that it was his belief that Mr. Rice was “intent on causing damage to US aircraft at the airport, which is the main aim of the anti-war movement at Shannon”. Inspector Kennedy told the court that there is an extensive security operation at Shannon, and that he believes the defendant wished to breach security.
Inspector Kennedy said that it was his belief that Mr. Rice was “an organiser of activities within the anti-war movement”
The Inspector stated that Mr. Rice should be excluded from Co. Clare and that the bail application was necessary to exclude him from the County.
The Inspector asserted that it was more practical to exclude Mr. Rice from the entire county as opposed to a certain distance from the airport, as the boundaries of the county are clearly marked on the roads. (Note, this was a repetition of what Inspector Kennedy had heard the DPP say in Green St. Court on Thursday in relation to another case)
Inspector Kennedy then stated that as Mr. Rice is from Newry and has no family or business interest in Co. Clare that he had no lawful business there and therefore the bail conditions were neither unfair nor prejudicial to him.

At 13:34 Mr. Rice started his cross examination of the witness.

Rice -Inspector Kennedy, on what authority or in what capacity do you appear here?

Kennedy - On behalf of the DPP and the State.

Rice - In what capacity? Are you simply a disinterested observer?

Kennedy - I am the head of Shannon Garda Station in charge of security for the airport, although Superintendent Kerin has overall responsibility.

Rice- So, you are acting in an official capacity?

Kennedy - Yes.

Rice - You made mention of your beliefs. Do you have any evidence to back up these beliefs?

Kennedy - I have been responsible for security and policing marches for the past two years. I speak from personal knowledge. I am more than familiar with Mr. Rice. I know that he has been arrested and before the courts on many occasions.

Rice - You say that you are familiar with Mr. Rice and that you know things. Do you have any material, documentary, or tangible evidence to present to the court?

Kennedy - I have the evidence of what I know and what I believe he will do if released.

Rice - Nothing other than beliefs?

Kennedy - (No reply)

Rice - You say that Mr. Rice attended ALL the protests at the airport. Can you provide the dates from and the dates to, that Mr. Rice attended these marches.

Kennedy - I don’t have a list of those dates, but I can say that he was there, for example on December 6th 2003.

Rice - Did Mr. Rice attend the peaceful march on December 6th?

Kennedy - No. Mr. Rice was arrested.

Rice - Did Mr. Rice not attend the protest because he was arrested? Or was he arrested so that he could not attend the peaceful march?

Kennedy - Mr. Rice knows the answer, or thinks he does.

Rice - (to judge) He’s not answering the question.

Kennedy - He was arrested for offences, which took place, not for the purpose of preventing him attending the protest. He was arrested at 3:30 am.

Rice - Did you know if Mr. Rice intended to attend the peaceful march?

Kennedy - I anticipated that he would.

Rice - Do you personally know whether Mr. Rice attended all these marches?

Kennedy - He attended most. I’m going from memory. In the earlier stages the protests were not as large. He could have been at those. In the last 12 months he has been at all the protests.

Rice - You made allegations about Mr. Rice’s motivations and what he would do.

Kennedy - Mr. Rice has not been in County Clare for purposes other than to participate in protests.

Rice - You mean the lawful protests at Shannon Airport?

Kennedy - (No answer)

Rice - You stated that you believe that Mr. Rice will take action at Shannon?

Kennedy - Mr. Rice will jeopardise the security operation at the airport.

Rice - On what basis do you say that?

Kennedy - That’s based on his being arrested previously.
(NOTE. This is a reference to a previous arrest which resulted in an acquittal. Surely he should not have referred to that in court?)

Rice - You made reference to “security implications”. Can you not agree that there is no connection between an arrest at a lawful protest and a persons state of mind or future intentions?

Kennedy - Mr. Rice was arrested in suspicious circumstances.

Rice - Suspicion of what?

Kennedy - He was arrested on the fence.

Rice - ON the fence or AT the fence?

Kennedy - He was arrested near the fence.

Rice - How near the fence?

Kennedy - I don’t know the exact distance, but in the immediate area of the fence.

Rice - Was Mr. Rice trying to climb the fence, or perhaps trying to bite his way through it?

Kennedy - I believe that’s what he was there for.

Rice - That’s news to me. You say that you believe him to be an organiser?

Kennedy - Yes.

Rice. - An organiser of what?

Kennedy - An organiser of activities to breach security and to stop these flights or damage the aircraft.

Rice - What basis do you have for this belief other than fiction or imagination?

Kennedy - Equipment was found in Mr. Rice’s car on the 6th of December, which could be used for this purpose.

Rice - What equipment?

Kennedy - A pair of wire cutters.

Rice -Wire cutters?!? That’s interesting. You were in charge of the station where Mr. Rice was held in custody. Did you see any wire cutters being produced?

Kennedy - No, I wasn’t there when he was brought to the station.

Rice - Was a list of Mr. Rice’s property made at the time?

Kennedy - Yes.

Rice - Where is that list?

Kennedy - I wouldn’t have that in court.

(There then followed an exchange involving Mr. Rice, Inspector and Mr. Kennedy about the list referred to and whether it existed or had been included in evidence)

Judge Mangan - When can you hand in this list?

Kennedy - I’ll have to make enquiries.

Mangan - When can it be produced?

Kennedy - I’ll look into it Judge.

Rice - Your evidence is that there was a set of wire cutters?

Kennedy - There were suspicious items, I’m recalling this from memory. There were wire cutters or pliers.

Rice - Were there wire cutters? Or pliers? Is there a difference?

Kennedy - I’m not sure. Perhaps not.

Rice - On what charge was Mr. Rice arrested?

(At this point, Inspector Gallagher interrupts saying, “these matters will be raised on the 11th of March”. An exchange followed involving Mr. Rice, the Judge and Inspector Gallagher in which Mr. Rice argued that obviously the charge before the court was relevant to the line of questioning.)

Kennedy - Mr. Rice was arrested on suspicion of dangerous driving.

Rice - Mr. Rice was encountered near the fence?

Kennedy - Yes.

Rice - In his car?

Kennedy - I don't know. I suppose not.

Rice - How do you imagine he was charged with dangerous driving if he was not in his car?

Kennedy - He came to notice near the fence and was later arrested for driving.

Rice - What is the relevance between driving a car and what you have stated about your beliefs regarding Mr. Rice?

Kennedy - They're not related.

Rice - But that is the charge. Are you saying that your evidence has no relation to the charge at hand?

Kennedy - (no answer)

Rice - I don’t know why the state has called this witness.

(At 13:50 Inspector Kennedy steps down and sits next to the prosecutor, Inspector Gallagher.)

Mr. Rice then addressed the Court to make an application.

Rice - On the 6th of December, did the state oppose bail?

Mangan - Yes.

Rice - Is there any record of this?

Mangan - I was there, I know what happened. The state applied to remand you in custody and I refused that application.

Rice - I was there too and I well remember what happened. I was denied legal representation at that hearing, in breach of my constitutional rights and over the head of my most indignant protests.

Mangan - I recollect that you had no solicitor.

Rice - My solicitor and I were told that court would take place at 7pm, but in fact the court sat at 6:25

Mangan - Who told you that court would sit at 7?

Rice - The Garda Síochána. The Member-in-Charge of the Garda station informed me of that at approximately noon that day.

Mangan - The state asked to remand you in custody, but I refused and you were remanded on 5 Euro bail. Can you tell me what more favourable order I could have made?

Rice - I don’t intend to speculate about what MIGHT have happened. The fact is that I was remanded on 5 euro bail. The state didn’t oppose it. I have honoured that bail.
At a subsequent hearing on December 19th, the state applied to have this bail extended to cover more charges.
On the 6th of January, there was no application from the State regarding bail. On Feb 18th, Inspector Gallagher said he made no application regarding bail, that he was just there ‘to see if Mr. Rice had changed his mind’ although he had no record in his notes what about.
The State has not opposed bail and is now appearing seeking continuing remand in custody, is that correct?

Mangan - Inspector, is that correct?

Gallagher - Yes.

Mangan - To remand on continuing bail, on condition that the accused is excluded from Co. Clare.

Rice - I would like to know how we arrived at this situation where I am to be excluded from Co. Clare. I am informed that this is against the Constitution and that it is the duty of the court to uphold the Constitution.
I don't see what has happened to change this situation to make the state so concerned. The State did not ask for this.
You, Judge, on the 12th of February decided to impose this although there was no application from the state, and today, Inspector Gallagher has brought along his ‘esteemed colleague’ in what seems to be an attempt to retro-actively justify this decision. This seems to be the reverse procedure. It certainly does not seem to be the due procedure.
I would like to ask the state if this application is by its own volition?

Judge Mangan (interrupts) - I can shorten this for you. I imposed this on you by my own volition.

Rice - If this was at your own volition, then how can Inspector Kennedy justify your decision with his beliefs? And…

Judge (interrupts again) - You asked the State this morning for the reasons.

Rice - How was it possible for you to come up with these new bail conditions without hearing evidence? I submit that the imposition of these bail conditions was an example of false procedure.
I ask the court that, given what has transpired, and in light of the attempt to retro-actively justify the decision, how this court can consider itself impartial and unbiased in the administration of justice in this case? I submit that it would be a better idea for the judge to recuse himself from this case and pass it to another court.

Mangan - That application is refused. Just because a court finds against you doesn’t make it biased. You should learn that.

Rice - I have a further application. On the 18th December there was an application regarding property and documentation that the State said it would make available to me. This has not been done.

Mangan - (apparently to Inspector Gallagher, Prosecutor) Has the state made this available?

Inspector Kennedy - Yes judge.

Rice - It has not been made available. Who is the prosecutor today?

Mangan - Inspector Kennedy can answer. He has acted as prosecutor earlier in this case.

Rice - These items have not been made available to me.

Kennedy - Mr. Rice had a solicitor before, Mr. Chambers, and also Mr. McCarthy.

Rice - They have not been made available to the solicitors.

Mangan - Have you communicated with the Garda Síochána since you have been in prison?

Rice - I’ve not been afforded much opportunity to communicate with them in prison. Neither have they communicated with me. This application was made on Dec 18th, which is a long time ago now.

Kennedy - I told two Detective Sergeants to look into it.

Mangan - Have these two Garda in court next time. Sort it out.

Rice - That has been said three times before, that the Garda should sort it out.

Mangan (to Inspector Kennedy) - Inspector, I want proper evidence from the state. Why have these items not been handed over?

Rice - Does this mean that we have to adjourn the hearing?

Mangan - No, I won’t adjourn that now. That will be dealt with at the next appearance.

Rice - I’m under an apprehension regarding the disclosure and other things … no correct list has been made of property. How…

Mangan (interrupts) - You should communicate with the Garda Síochána, it’s up to you, and none of my business, but this would be easier with a solicitor.

Rice - I am content to represent myself. I’d like to invite the State to visit me at their own convenience at Limerick Prison so we can clear this up.
(Pauses for answer, none given)…
I’d like to ask the State to consider this document (hands copy to Judge via clerk) It purports to be a copy of the custody record from Shannon Garda Station from Dec (6th or 7th ???) .
This is not a true copy. I saw the custody record on that date and this area -which I have outlined in red - appears to have been manipulated. I would like to see a true copy of the custody record.

Mangan - Inspector Gallagher, do you have anything to say?

Gallagher - No judge.

Rice - I stood about this far (indicates) from the desk. Garda Comerford was the Member-in-Charge at the time. She made several comments in the custody record. They do not appear on this copy.

Gallagher - The original will be in court on 11th of March.

Rice (to Gallagher) - I want to see a true copy before the 11th of March.

(Gallagher does not answer)

Mangan again repeats to Mr. Rice that Mr. Rice would be advised to retain a solicitor.

Rice - I have a counter application to make to the court. I would like to apply for 5 euro bail as was originally imposed in December.

Mangan - I assumed that you would. The accused has not been convicted, but that does not prevent the court making decisions regarding bail. The court has no problem with protests, but is concerned that protests comply with the law. This court has convicted a small minority of people who broke the law at protests. Taking that into account, I exercised discretion to impose bail.

Rice - I have a further application.

Mangan - Do you accept the bail conditions, Yes or No?

Rice - No reasonable justification has been offered.

Mangan - That’s a refusal, I take it.

(There were some small exchanges about the nature of the next date and the judge confirmed that it would be 11th of March for mention. He also said that he understood that Mr. Rice was appearing in the High Court regarding the bail and invited Mr. Rice to ask the High Court to disqualify Judge Mangan from Mr. Rice’s case if he so desired. )

Ends at 14:40 Mr Rice returned to custody.

author by .publication date Sun Feb 29, 2004 19:24author address author phone Report this post to the editors

Thanks court reporter. These boys are tying themselves in knots.

author by EEEKKKpublication date Sun Feb 29, 2004 19:33author address author phone Report this post to the editors

.

battlejoined.jpg

author by Eoin Dubskypublication date Sun Feb 29, 2004 23:19author address author phone Report this post to the editors

Thanks Reporter for this article - sounds like Eoin Rice at his usual best.

author by Justin Morahan - Peace Peoplepublication date Sun Feb 29, 2004 23:49author address author phone Report this post to the editors

Thanks, Court Reporter for bringing the courtroom of Judge Mangan to life. Great work by Eoin, heroic for someone in his condition, to show up the shennanigans of Irish justice system. I worry about Eoin's health though. I want him off his hunger strike but believe the pressure should be put on his opponents, not on him.
The State's agents disgraced themselves at the Four Courts by not allowing his mother one minute, one hug, one private whisper in his ear during which she would, in fact, have asked him to discontinue his hunger strike, just as any loving mother would do
I feel all anti-war protests at present should center on Eoin. The war, Shannon Bush, Blair, Ahern, Irish complicity in the Iraqi slaughter - at the moment all find a focal point in Eoin as does our own utter frustration at our inability to stop the rot.
Eoin is in court again, I hear on Monday morning in Cloverhill.

author by still a Black Pope supporterpublication date Mon Mar 01, 2004 02:11author address author phone Report this post to the editors

'Of all the times you were arrested, there wasn't one time which could be described as an even half good reason.'

Consider:
Maybe the Gards couldn't create a more than a 'half good reason' to arrest him - BP's activism has never been about breaking the law, only supporting others in their activism.

this is why we must come out and support Owen now - his civil liberties are our civil liberties.

author by Davepublication date Mon Mar 01, 2004 10:54author address author phone Report this post to the editors

Inspector Kennedy replied that “Mr. Rice is an active member of the anti-war movement”
DING

and that he had been at “all the protests at the airport”,
DING

had been seen “in and around the area of airport at various times”.
DING

Inspector Kennedy asserted that it was his belief that Mr. Rice was “intent on causing damage to US aircraft at the airport,
DING

which is the main aim of the anti-war movement at Shannon”.
DING

Inspector Kennedy told the court that there is an extensive security operation at Shannon, and that he believes the defendant wished to breach security.
DING

Inspector Kennedy said that it was his belief that Mr. Rice was “an organiser of activities within the anti-war movement”
DING

author by Ciaron - DCWpublication date Mon Mar 01, 2004 14:50author address author phone Report this post to the editors

Mucho solidarity to Eoin and Fr. Joe Mulligan SJ fasting for peace in prison Irelandf and USA

http://www.soaw.org/new/article.php?id=727

Related Link: http://www.soaw.org
author by sehbpublication date Mon Mar 01, 2004 16:45author address author phone Report this post to the editors

. . and then disappear never to be seen again. Clever trolls aimed at journalists coming to the site? SEHB perchance?

author by Timpublication date Mon Mar 01, 2004 20:40author address author phone Report this post to the editors

As the Bush visit gets closer and the Govt gets more nervous at the prospect of protests greeting G. Warmonger Bush, the crackdown goes on.

Owen Rice, banned from Clare by the judge cuts through the pathetic attempts to deny his rights to freedom of movement.
The state was unable to back up any of its arguments as to why Owen should be banned.
No proof was presented about the alleged threat Owen poses to airport security.
Note how Inspector Kennedy thought that attendance at an anti-war protest would strenghten the case for banning someone from Clare.

The judge also considered banning Conor Cregan, Nuria Mustafa-Dunne and John Dunne, but backed down somewhat when he recalled that Conor lives in Shannon and the prosecution were not interested in banning an Iraqi woman (probably because of the PR backlash it would bring)

Rumsfeld recently used the airport for a PR stunt and Bush plans to do the same on a bigger scale during his re-election campaign. It wouldn't do to embarrass the emperor.
Hence Bertie asks us not to protest. Meanwhile (and totally unrelated) the cops arrange some spurious arrests, some well dodgy testimony, and the judge lays on the banning orders to keep the peaceniks out and the warmongers in.

author by iosafpublication date Tue Mar 02, 2004 16:14author address author phone Report this post to the editors

thank you.

author by Justin Morahan - Peace Peoplepublication date Tue Mar 02, 2004 23:57author address author phone Report this post to the editors

Now that Owen is off his hunger strike, it's even more important for him that support doesn't dwindle. Supportive letters are a great boost and can be sent to Owen Rice, Prisoner of Conscience, Limerick Prison, Mulgrave Street, Limerick.

author by Sean Lawlor.publication date Thu Mar 04, 2004 14:35author email oneworld at ireland dot comauthor address author phone Report this post to the editors

May the power of the spoken word through the heart flow thru Mr Rice into the lives of everyone in Ireland today.Let it flow Eoin...let it flow!!

author by Old Lagpublication date Thu Mar 04, 2004 16:46author address author phone Report this post to the editors

That's the worst mistake you could make in dealing with the courts. He's going to land himself in big trouble.

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