Open Letter to the Peace Movement Re:Defendants

by iosaf ipsiphi Mon Mar 24, 2003 18:52 barcelona

as I pointed out the other day, globally there have now been more arrests and detentions for protesting against this War than in the first year of the Vietnam war.
That to me spells offences of a "political" nature.
It is important that courts, lawyers and all those involved in these cases be aware that they are "political".
If it is possible to co-ordinate such activity it may help. Though it really should be a matter for the defendant in question.
(My last occasion of arrest was not really politically motivated, I was just being a bollox).
:-)

by Aunty Party Mon Mar 24, 2003 18:53

and Joe Higgins in Shannon; the SP will probably be giving evidence for the prosecution.

I wonder if 'Brian Cahill' will reply to this in his real name?

by Shelta Mon Mar 24, 2003 19:48

Pack the courthouse. It does have an effect.

by Eoin Dubsky Mon Mar 24, 2003 22:35

Who was on trial last week and what was the outcome? I thought people only had a pre-trial hearing, a formality.

by Stephen Mon Mar 24, 2003 23:37 Cavan

Someone suggested making sure that the court knew the offences were of a political nature. You have to be careful on this front as political offences against the state are traditionally tried in the Special Criminal Courts. What is special about these courts is that they sit without a Jury and the great lady Justice is left in the hands of three Judges rather than the Jury of 12.

Where the D.P.P. issues a certificate stating that in his opinion, the ordinary courts are inadequate to secure the administration of justice and the preservation of public peace and order the case must be transferred from the ordinary court to the Special Criminal Court. A lot of responsibility in his hands then so.

I'm not saying not to pack to court and protest, protest protest but know what may happen. I do not know much about the 24 currently awaiting trial. I presume they have legal representation but if they do not they should know they are entitled to same and depending on their income under the Free Legal Aid Scheme. Although they may prefer to defend themselves. With regard the person who is in Jail pending trial Bail applications can be made to High Court on a Weekly(?) Basis and the person is entitled to be there and entitled to Legal Representation. Then again he or she may wish to remain in Jail as part of the protest against the war but no harm to know your rights.

by Chekov - WSM & GNAW Tue Mar 25, 2003 12:56

There were, I think, about 8 people on trial for Shannon related incidents last Thursday in Shannon district court. Their cases were adjourned to Tulla district court on April 30th and as far as I recall they will all be pleading not guilty. Somebody correct me if I am wrong!

by ipsiphi Tue Mar 25, 2003 14:46

Steven good point, but I thought that political offences normally tried at Greene Street are designated as serious criminal offences and are thus dealt with by the Serious Crime squad.
Political crime is not a category in Ireland and the removal of that category led to the hungerstrikes no?
Most of those commiting politically motivated offences against this War arew being tried in District courts. thus have no jury.
Jury only applies in the Irish Republic in the circuit or higher courts, at which stage sentancing becomes heavier as well.
I did not seek to suggest we see political crimes reinstated as a category, but rather to remember that they are politically motivated.

& It is long past the time when Ireland discuss the ins and outs of that one.

for the moment Shelta is right.

packing court houses does have a wonderful affect.
being before a district justice on a friday night with only a Garda as witness and the Bridewell beckonging for weekend remand is not desirable in anyone's books.

by Terry Tue Mar 25, 2003 18:24

"I thought people only had a pre-trial hearing, a formality."

Aye Eoin this would be accurate, my command of the English language collapses went it comes to legal shite....the yoke this week appears to be a bonafide trial though.