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Shell to Sea Court Cases - Belmullet 14th November 2007
 mayo |
crime and justice |
news report
 Wednesday November 14, 2007 22:22 by Rudiger
An account of the Shell to Sea cases in belmullet today, where 13 people appeared before the court relating to Shell to Sea protests.
 One of these men lied in court - the judge believed the one in uniform This afternoon in Belmullet courthouse, Judge Mary Devins convicted Shell to Sea spokesperson John Monaghan of a Section 2 assault and also of not obeying the directions of a guard, relating to an incident that occurred at Rossport polling station last May. She sentenced him to a 6 months suspended jail-term and fined him €750. The sentencing came straight out of the blue as this case was actually supposed to be just up for “further argument” today, but it seems that Judge Devins got impatient and made her ruling.
This was the 7th time that this has appeared before Judge Devins and the last 3 times it was the issue of whether a Guard is allowed in the polling station that was the main issue discussed. It was generally agreed that a Guard has the lawful authority to be in the polling station.
It was argued that the presence of the gardai in polling stations was intimidating and that a persons legal entitlement to not be interfered with while voting should supersede the entitlement for a guard to be present (the same officers beating protesters in the mornings at Bellanaboy were on all-day duty in all the polling stations in Kilcommon parish at the last election). The whole issue of the legal authority of the guard to be present in a polling station was first introduced by Judge Devins on the 12th of September and in my opinion while it is relevant, it is a side issue. The main fact of the case is that you have 2 witnesses, John Monaghan and his wife Brid on one side and you have Sgt Gary Walsh on the other side claiming to be assaulted. It appears once again that Judge Devins believes garda evidence over the evidence of mere mortals.
Also on the 12th of September Judge Devins said she would deal with the fact that the returning officer in the polling station would be in a position to shed some light on the events, after she found whether a guard was entitled to be present. However seeing as how quickly she made her decision today, this issue wasn’t raised. No closing statements were made regarding the case, and in comparison with all the cases that I have seen so far the decision can only be described as extremely rash.
A bit of background on the case (none of these issues were even recapped today) is that on election day last May, John Monaghan entered the polling station to vote. After voting, he questioned Sgt Gary Walsh about what he was doing in the polling station. Sgt Walsh then asked John Monaghan to discuss the issue outside, and they both left the polling station. Sgt Walsh then states that John Monaghan with folded arms shoved both his elbows into him and stamped on his foot and shoved him back on a car. John Monaghan however claims that he was just asking Sgt Walsh what he was doing there. He said that at one stage he was leaving when Sgt Walsh said “Yea, leave if you know what’s good for you”, whereupon John Monaghan returned to ask what he meant by this. Bríd Ní Seighin also gave evidence that she sat in the car outside the polling station the whole time that her husband and Sgt Walsh were outside the polling station, and the first time she knew there was any problem was when a patrol car arrived to arrest John. This is again an example of political policing with the stated no arrest policy of the gardaí only being broken for a few high profile campaigners. Also it should be noted that at the time Gary Walsh wasn’t a sergeant, and that his recent promotion is viewed with deep suspicion around the area.
Also up today were the 5 members of the Srahmore lock-on who blocked peat haulage last June, whose eligibility for the 100 hours community service was being accessed. While the 3 of the members present, were deemed fit for community service, one of the lock-on members, was sentenced in absentia to 3 months in prison. She had be found unsuitable for community service by the probation officer due to illness and had also been unable to travel from England to attend court due to her illness. She had in the previous week written to both the probation officer and the court to say she would be unable to attend, however this didn’t cut much ice with Judge Devins who decided that even though the mother of 3 wasn’t suitable for community service, she would be suitable for a 3 month stint in Mountjoy. Finally, the last member of the lock-on while found suitable for community service was also unable to be in court due to illness and had a doctors cert present to that effect. However the all knowing judge cast doubts on the validity of the doctors certificate and promptly issued a bench warrant for her arrest.
Terence Conway and Bob Kavanagh were also up for sentencing today for halting Shell work on the refinery site on the 13th of July with a van lock-on (see http://www.indymedia.ie/article/83416 for details). They were both found guilty of Section 6, 8 & 9 of the Public Order Acts and sentenced to 150 hours of community service or 4 month in prison if they refuse. In sentencing Judge Devins stated that even though Terence Conway had said that he took this course of action in-order to protect people, that he had never said who he was trying to protect. It should be noted that at the day of the evidence hearing that Judge Devins closed down arguments as to the reasons behind the van lock-on quickly so that then to claim that the protestors didn’t prove there case in this regard is pretty disingenuous. With regard to Bob Kavanagh’s knowledge of the area of ecology and pollution she condescendingly dismissed his opinions and stated that his reasons for doing this were based on “something I read”.
The 3 protestors who were arrested at last Friday’s day of action were also up in court this morning, and on arrival to the court this morning they were handed further charge sheets with the new charge of obstructing traffic being added to the existing charge of obstructing a garda. These cases were then adjourned until the 12th of December while the gardaí submit on their evidence to the defence.
Also up today were Maire and Sean Harrington who were up for an incident relating to the visit of Mary McAleese to Belmullet last May. There was a question as to why it took 3 months to issue charges in relation to the incident however Sgt Gill stated that he had been very busy and that it took some time before he got around to processing the incident. This case was adjourned until the 12th of December also.
Finally also up today were 2 separate appeals against Shell being allowed access to both the Rossport and Muing na Bó commonages. Shell had in the last few weeks sent out letters to some locals in the area around the commonages and had also put ads in the local papers stating their intention to carry out surveys of the commonages to see if they would be suitable for the pipeline. One of the appeals lodged came from one Monica Muller who while it this case seems to be working against Shell, has in the past also worked for the removal of the Rossport Solidarity Camp. The other appeal was issued on behalf of 27 people who have shares in the commonages that Shell wish to have access to. However the fact that Shell had not correctly issued notice to all landowners in accordance with Section 5 of the Gas Act, 1976 (see http://www.irishstatutebook.ie/1976/en/act/pub/0030/sec...976s5) was then raised.
There then followed a lot of legal arguments and it seemed at first that the judge was going to strike out the appeals. During these legal exchanges counsel for Shell, Mr Gordon stated that the 2 possible ways that could have been proceeded with was to either try to get consent or to give notice. He stated that there would be no point in trying to get consent of either 1 or 100 owners when 1 owner mightn’t give consent. Solicitor for the 27 appellants, Mr Bohan then stated that all the Muing na Bó commonages owners and a significant number of the Rossport commonage had appealed against allowing Shell access. Finally Judge Devins decided that correct notice hadn’t been given and ruled that Shell won’t be allowed access. She postponed a decision of costs against Shell until the 9th of January but stated that she hoped the season of goodwill would lead to an agreement on costs between the groups. Although one humorous point in the costs discussion was when Mr Gordon stated that his clients are very reasonable.
It seemed the irony of his statement went over his head taken in the context that 13 people were today up in court for opposing his clients plans for the area.
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Comments (30 of 30)
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 30What you witnessed in belmullet court today is no coincidence, the Judge and the state now believe that the campaign has lost its battle and the support of the vast majority of Joe public.
The States strategy has been to sit this out and wait for fatigue and apathy to set in, it is obvious from the summary "justice" handed down by Judge Devins that the judiciary and the state have now grown impatient with the campaign.
I fear that when the porturlin 3 appear before the Circuit Court the same mentality could well prevail, which would be unfortunate as a suspended sentence would have been the proper sentence at the original district court sentencing.
Here we can see what a pernicious piece of legislation the Public Order Act is.
This is only the tip of that particular iceberg.
Under the Act every protester at the gates last Friday or any day could be sentenced to 10 years in prison on a charge of riot. You don't have to riot, somebody in Dublin or wherever just has to say that they believed you intended to riot. Its as crazy as that. It is based on the premise 'state always good, citizens bad'.
While I am sorry for JM I think he should choose his battles more carefully and read up on the POA.
It is to the eternal disgrace of the trade unions that they stood by while this law was enacted. They will be next.
"In Germany, 1st they came for the Communists
& I did not speak out, because I was not a Communist
Then, they came for the trades unionists
& I did not speak out, because I was not a trades unionist
Then, they they came for the Jews
& I did not speak out, because I was not a Jew
Then they came for me......
& there was no-one left to speak out for me"
-Pastor Niemoller, sent to a concentration camp by the Nazis.
This judge should be on trial for her contempt for justice.
was it "She sentenced him to a 6 months suspended jail-term and fined him €750. "
Or as reported on local radio "She sentenced him to a 6 months jail-term and fined him €750"
no mention of (suspended) it reports she sentenced him to 3 mths prision on each count. but he intends appealing it
John Monaghan now has a conviction for assaulting a police officer during an incident unrelated to the protest. This is a very poor example for the young people in the area. Do you realy expect young people to look up to the like of Mr. Monaghan . I think not.
Better to be a protester than that arrogant lying gobshite of a Garda.
I know who is setting a better example.
The sad thing is, the judge is punishing people for assaults that did not happen, and young people are realising that all this non violent stuff could easily land them with criminal records or jail sentences. It's only a matter of time before the people realise that they may as well get a few genuine assaults in if they are going to be jailed. The Gards will have only themselves to blame.
Hi all,
It takes courage to stand up to an icreasingly arrogant state whose only moral compass is the accumulation of wealth by a few.
If the gas/oil from the Corrib field is to be burnt then there are implications for Global Warming. The situation regarding Global Warming is now looking worse than even some of the eco-pessimists predicted.
Can we, in fact, even use this field, no matter how it is refined?
It's not as if the people of Ireland will benefit greatly from it and in fact an audit( in the true sense of the word) would show that there is a net loss to Ireland by using this field.
Are we not all buying in to the eco-madness? Myself included!
Time to broaden the debate perhaps?
It is my view that a few members on an Gardai Siochana should be in jail for their actions in this matter
If the gardai should be in jail therefore shouldnt the cowardly vandals that smashed machinary belonging to a quarry owner who also happens to supply the terminal site with stone be in jail aswell? Afterall, this article seems to be all about justice.
Damage of property cannot be equated with violence against the person and in particular by the state. Desperate people sometimes do desperate things, as we all have done at some stage in our life.
Could you address the rest of my posting, if possible, as I think this topic does need discussion.
Is there fund set up for those arrested in resistance to Shell...
-help with transport to court
-paying fines etc
I know I couldn't make the last blockade and I wouldn't mind sending the bus money I didn't spend directly to someone before the courts for resisting Shell.
There was a similar fund for arrests at Shannon a few years ago that worked quite well.
"He who resorts to violence has run out of good ideas",
whether that violence is directed towards man or property the moral is the same
"He who resorts to violence has run out of good ideas."
He who needs to manufacture proverbs to facilitate his propaganda is in need of psychological assistance.
"He who needs to manufacture proverbs" ?
Chinese proverb..........
"The one who first resorts to violence shows that he has no more arguments."
http://www.worldofquotes.com/proverb/Chinese/10/index.html
http://www.peterglaeser.com/quotes/
http://www.angelfire.com/pa3/myshoebox/prejudice.html
"The man who strikes first admits that his ideas have given out"
Chinese Proverb
http://grossmanfamily.org/aphorism.htm
http://pages.prodigy.net/jmiller.cb/pr13.html
I hope "Troll digester" is prepared to apologies!
I don't do "make-believe"!
The two actual proverbs quoted suggest that violence as a 'first' resort is due to a lack of ideas. This is hardly the same as CL's manufactured proverb. Violence is an option and is hardly the lack of having ideas in many instances. As a first resort it is neither moral nor intelligent. However as a last resort it is very viable and says nothing whatsoever about the lack of ideas.
Apologise?
More delusions.
Would be interested to read reactions to the following:
Yesterday evening at 6.30 approx there was a full-fledged cop operation in place outside Barrett's Quarry in Bangor - row of flashing blue lights in middle of road; flashing blue lights of cop car - 2 male, 2 female cops conducting 'questionaire' on alleged events of previous week; flashing blue on tec's car, tec presumably 'teccing' somewhere.
Believe the nonsense was replicated at Lennon's Quarry in Glencastle afterwards.
Following points relevant:
At the time of the alleged incident in Barrett's Quarry last week there was a large attendance at a funeral in the village of Bangor; not, therefore an optimum time for 'vandalism'.
If the perpetrators of the alleged incident are being spun as nasties who came in from outside (where did $hell come from?) to Ballinaboy then, at that time, they were halfway back to where they came from!
It appears to be alleged that the perpetrators first visited Bangor and then, being totally daft, turned back to do a spot of 'vandalism' in Lennon's Quarry - all during evening hours when it is not unusual for quarries to still have traffic returning for various reasons.
There was a force of 300+ cops in Erris that day - what were they doing?
There have been no photographs of this alleged outrage in the local press.
"The one who first resorts to violence shows that he has no more arguments."
I like it. Tell it to the government.
I've witnessed no violence from any Shell to Sea supporter, plenty from Gardai. John Monaghan has always been within the law on every occasion I've seen him. There is a pile of complaints about irresponsible and violent Garda behaviour in Erris before the Garda Ombudsman.
'Credibility' is right. John Monaghan has aways acted within the law as I am sure he did on this occasion at the polling station..Sounds like the Garda was rewarded as Sergeant for bad behaviour. Regarding 'Lawful Conviction's' ridiculous statement that John is a bad example for young people. I consider John Monaghan is a role model for youth. He is couragous, truthful, knowledgable, approachable, a great leader.When he has finished sorting out Shell, he could lead the country.
If you think John Monaghan can lead the country, maybe you should ask him to run for election. Solutions can only be found by engaging in the democratic process. Why didn’t S2S run a candidate in the last General Election? The campaign should seriously think of running a candidate in the local elections next year. It is time to move from the roads to the corridors of democracy. Otherwise your campaign is doomed.
So where has Mark Garavan disapeared to? is he still official spokeperson for S2S. Another individual you should not forget is Terence Conway, himself and John Monaghan are very impressive, very eloquent and well able to state their case.
I agree that S2S should try to get their people elected. We need new people in the political arena. I don't know John Monaghan or Terence Conway but from what I read they are well able to put their point across. Getting convicted of assaulting Gardai , however is not going to progress your campaign. Who are you fighting against Shell or the Gardai. Don't loose your focus.
Shell to Sea and their supporters seem more interested in abusing Gardai than actively stopping Shell from completing their project. Seems to me and most people I talk to about this project think the people protesting are more interested in anarchy than protecting the local environment?
Maybe time for Shell to Sea to take a step back and realign the direction or the protest?
Are the Gardai being blamed because they are easiest to blame?
Have you considered that, rather than it being a case of S2S people spending their time and energy 'abusing' the police force deployed in Erris (don't personally use term Gardai for this deployment out of respect for what the force is supposed to be and for those who still adhere to its principals) it is instead a question of the subversion of the lawful custodians of the peace to act contrary to their sworn duty?
I use the word 'subversion' advisedly because I believe that they, as well as many other arms of State governance have been subverted by allowing executives of Big Oil to call the shots and use the forces of the State against its people.
Those involved in subversion don't necessarily wear balaclavas you know ... dress code also includes suits and ties.
Maura,
YOU may believe that. The vast majority of people don't. So I guess that makes you right and everyone else wrong, eh?
Spot on, Maura.
Reality you asked where Mark Garavan is now. I understood that he gave up been spokesperson for Shell to Sea after five years to concentrate on running for Senate .Also that he was trying to bring the Corrib issue to the European courts.
He has a blog easily got on Google. Last statements dated 24th September where his two main news items were related to the Corrib Gas. One was about the EPA postponed decision and the other about Norway's oil fund where he mentions that the Corrib gas reserves augment Norway's financial resources. He says he will continue to post comments on Corrib Gas Issue, though there are no recent ones.
you say that John M has always upheld the law and acted within it. Is this the one and the same John M who repetedly flouts the law by leading unauthorised groups of people (including children) onto a private construction site and jeapordising their safety in the process?!?!? Doesn't sound like a model citizen to me. This time he took one step too far - no matter what way you look at it.
So Erris Exile, what do you think Shell were doing when they trespassed, the landowners private property.?They never asked for permission to enter. were they not endangering the occupants lives? I can't speak for John Monaghan as I'm not a spokesperson for S2S per say and I would not approve of bringing children into a volatile situation, but it is futile speculating on the situation, as I was not present. Having met him in person, he struck me as a very polite, well spoken individual who's primary concern was for the welfare of his wife and child not someone who looks for fights unnecessarily. I would agree with Jack that there is no point in looking for fights with the law, but if the law is being heavy handed and preventing you from going about your peaceful business what can you do? Maybe you can come up with some suggestions or maybe you have a vested interested in this project?
Thanks for the reply Ethel, it seems to me S2S would benefit greatly if they could get a strong P.R person in order to fend off all the criticism levelled at them.
The story of Rossport is the story of the state assisting a multinational criminal oil company ( Nigeria, Sakhalin ) trample on rightful protest. Even those who may not agree with the campaign must be appalled at the attitude of the state and the actions of an Garda Siochana. We live in a republic. We live in a democracy. At least on the surface.
The right to protest is central to a healthy democracy. So where does that leave us.
The Gardai are exceeding their role and allowing themselves to become, a de facto, private police force for Shell.
What news of the complaints before the Garda Ombudsman? Does anyone have specific details?
And can we really afford to burn the gas/oil in light of the news on Climate Change?
Protest is the only tactic left to those who have been consistently ignored.