Court Report Shannon District Court 13 Oct

clare | anti-war / imperialism | news report Thursday October 13, 2005 22:57 by Court Reporter

Shannon Banner Drop activists and Owen Rice adjourned again

After 6 hours of sitting around, the cases were heard in front of an almost empty courtroom.
4 people were up for mention regarding the banner drop last month, and Owen Rice was up for mention yet again for arrests that took place almost two years ago (and for which his co-arrestee was acquitted)
There were a number of submissions, and then adjourments.

Here is a summary based on notes of Indy's court reporters.

Court Report
Shannon District Court
Ennis Court House
Wednesday 13th October 2005.

Prosecution: Inspector Tom Kennedy

Case 1
Defendants:
Conor Cregan
Niall Harnett
Margaret Liddy
St.John O'Donovan

Counsel:
Mr. Cregan is defending himself
Ted McCarthy represented the others.

Case 2
DPP v Owen Rice
Owen Rice is defending himself.

Judge Joseph Mangan presiding.

The case of the four people involved in the banner drop was called at 5.07pm.

At the previous hearing on the 18th of September, a 'Garry Doyle' order ( order for the prosecution to provide copies of statements, video evidence etc) was made, and this was to be mentioned today.

Ted McCarthy, representing three of the defendants said that he understood from his office that a package had arrived only this morning in relation to the case, after he had already left his office, and that he had not had a chance to examine the contents to see if everything had been provided.

He sought an adjournment until 8th December in order for the defence to check through the material which had been received.

Inspector Kennedy consented to the adjournment.

Mr. McCarthy also asked if the state would consent to the absence of his clients at the next court date, which was agreed to. [only the solicitor need go]

This was also agreed

Mr. McCarthy then asked for the return of the cameras that had been seized from Ms Liddy and Mr. O'Donovan

Inspector Kennedy said that this would be done before the weekend.

Conor Cregan also sought an adjournment to December 8th, stating that as far as he knew, nothing had arrived at his home regarding the Garry Doyle order, but that he would check when he got back.

Inspector Kennedy consented to the adjournment.

Mr. McCarthy asked that the bail conditions be altered with respect to the requirement to reside at a permanent address. He said that two of his clients were students and would move from time to time, as terms change etc, and that there is no fear that they will not attend court when required.

Inspector Kennedy consented to this in respect of all four defendants.

Mr. Cregan sought disclosure of any complaints or disciplinary proceedings succesfully brought against the witnesses against him.

At the back of the court, a Garda could be heard muttering "bastard".

The judge did not accede to the request, but Mr. Cregan said he retained the right to seek these again later on.

The Judge said that would be an issue for another day.

Owen Rice's case was called at 5.15pm
This case has been rumbling on since December 2003. Owen has been to the high court and beyond, succesfully fighting off heavy bail conditions, and seeking judicial reviews of the judge's rulings at various points, and at one stage even cross examining the prosecutor on the stand
(a must -read) http://www.indymedia.ie/newswire.php?story_id=63629

On the last occasion, (see http://www.indymedia.ie/newswire.php?story_id=71092 ) Owen had asked for the case to be de-listed, pending motions in higher courts. the judge said he would adjourn, to address outstanding issues regarding failure of state to provide full copies of evidence.

Inspector Kennedy : This case was before you on July 21st, and adjourned as there were matters being adjudicated in the High Court.

Owen Rice: On the last date, my application was to de-list this case pending possible actions arising in the Supreme Court. There has been no progress in the Supreme Court since, and I await your ruling on de-listing.
As they Supreme Court has not yet moved, then I say that the 'Stay' put on this case by the High Court is still in operation. You, Judge, are named as a respondent in that action, and I advise that it would be better to await the outcome of the Supreme Court.

Judge Mangan : Thank you for your advice. My Clerk has mad enquiries with the Supreme Court, and found that no books have been lodged.

Owen Rice: That information is erroneous. I assure you. These things are in progress.
I have another submission.
On July 21st, there was a stenographer present who took a record of proceedings.
At that time I did not seek a copy of the transcript, as I knew that Mr. Cregan had done so, and I presumed it would include the sections pertaining to myself. But it is missing. I am asking for a copy of the transcript relating to me.

Judge: I have no problem in directing that you receive copies of anything that the stenographer may have recorded of your case.

Owen Rice: I also requested copies of all orders made so far in my case. I was informed that there would be a fee of 150 euros for all those orders, but that I could ask to be exempted.

Judge: Ask the courts service

Owen Rice: I did, they said that the judge could make an application to waive the fee.
I'm on free legal aid. I'm presenting no great financial burden to the state in asking this,
especially as no solicitor is employed to take a slice of the free legal aid. I am not a man of great means.

[Judge briefly confers with court clerk]

Judge: I will accede to that

Owen made a further application to obtain copies of the notes made by the judge in his minute book, as part of the court record. The Judge refused this.

Owen asked that a stenographer be present at all future hearing sto take accurate notes of what takes place.
The Judge refused this also.

Owne asked that if the judge was going to proceed despite the application to de-list then he should set the next date for mention only.

The judge said that the next date would be for a hearing, on 19th January.

Owen also objected to his case being heard last.