Ploughshares Trial Day 5.

by Court Reporter Fri Oct 28, 2005 23:34

Expect rest tomorrow....

by Slanted Media Sat Oct 29, 2005 01:29

Thanks for the court report. But there were some interesting things that also happened yesterday (Thursday) that haven't been put up on Indymedia, relating to one of the senior counsels grilling a member of the Garda Siochana about the obligation of the guards to investigate breaches of international law relating to crimes against humanity under an Irish law.

This grilling went on for about 45 minutes and was in the presence of the jury, but the Irish Times today didn't mention it. Instead, it mentioned the prosecution's damage estimate in the headline and as the main thrust of the piece. This was a fact that took up about two minutes of the yesterday's proceedings. This is supposed to be the unbiased Irish "paper of record", or so I had heard.

They also took a sentence out of the pitstop's statement out of its original context and rephrased it, something which was designed to make them look foolish and fanatical. This, along with leaving out the long cross-examination of the guard on his obligations to investigate possible crimes against humanity, lead me to the conclusion that the "paper of record" is increasingly a paper of the right. It's always worse when slants are subtle. At least the tabloids of the right are honest about where they stand.

by Observer2 Sat Oct 29, 2005 01:59

http://radio.indymedia.org/news/2005/10/7485.php

by redjade - broadband at last!! woo hoo! Sat Oct 29, 2005 02:16

thanks Court Reporter
very important to get this info online and thanks for doing it, im sure there are many other things you would rather be doing tonight.

many things to comment about in this report, but one that stuck out for me was:

'Mr. Devally asked if the real intention was to get arrested, have a court case and bring publicity to 'the cause' and to "put the war on trial" - a phrase quoted from an interview on Democracy Now! where Amy Goodman interviewed Ciaron'

As was apparent during the last MisTrial, the powers that be and the prosecution is watching this website constantly and fear what may be said here.

Pretty pathetic if you think about it.

They have almost the entire Irish Media made silent with their 'sub judice' fear mongering BS and they dwell on a 'fringe' website like this one and Democracy Now! (US based) to prove that the defendants admit to doing the damage - which they admit to anyway.

What the Prosecution fears is, the public and a jury of citizens of Ireland may THINK about WHY these 5 wonderful people may have done this act. (and dare to interpret the Irish Constitution for themselves)

Since the prosecution is reading this right now, please think about this:

Today your jury, that you don't want to think about the Real World where people are being killed daily in a unjust, illegal and immoral war - that jury went home after a long exhausting day, flicked on the TV and saw that I. Lewis "Scooter" Libby was indicted for lies/purjury about the Iraq War....

As Joshua Micah Marshall wrote today:
'Remember, I. Lewis Libby doesn't just work for the Vice President. From the beginning of the administration, a key root of Libby's power at the White House is that he works both for the Vice President (as Chief of Staff and National Security Affairs Advisor) and the President of the United States (as Assistant to the President).'
http://www.talkingpointsmemo.com/archives/006882.php

This man may go to jail for purjury about the Iraq War and the (false) reasons of going to war - AND he could be charged with treason. TREASON.

These five defendants tried to stop that war in their own small way AND they admit to the act they are accused of.

YOU prosecutors want to have people jailed for trying to prevent a crime - while, finally in America, someone may go to jail for committing that very same crime!

Those Jurors went home and saw that on TV over the weekend and Bank Holiday. Good luck to you on Tuesday!

Considering the 100s of thousands of US Troops that have gone through Shannon on their way to destroy cities like Fallujah, considering the CIA Guantánamo Plane that has been through Shannon with people sent to and from Guantánamo to be tortured in places like Pakistan, Syria and Egypt, considering the Irish Constitution(!) and consider the simple fact that a majority of Irish People remain opposed to this war...

and also Consider another 'neutral' country and the shame it has brought to itself for making its neutrality a lie....

• PBS Documentary, FRONTLINE: Switzerland: The Train...

Evidence that slave labor trains transited Switzerland
is conclusive, but what about claims that Jews on their
way to concentration camps also went through Switzerland?

After months of investigation we found three witnesses
who told approximately the same story. They were extremely
nervous; one aggressively terminated all contact with us on
the grounds we were reviving the ghosts of a dark and
shameful era. But the essence of all three stories - plus our
interview with 'Elizabeth' - was the same: long trains with
sealed cattle wagons rolling into Zurich Hauptbahnhof in the
middle of the night, carrying Italian Jews and other prisoners north.

We were not able to locate anyone who may have been on
forced transports through Switzerland during the war. There
is additional investigative work that can be done with the
co-operation of the Swiss, German and Italian governments.
But this investigation raises new disturbing questions
about Swiss neutrality.
http://www.pbs.org/wgbh/pages/frontline/shows/nazis/train/

So, to the prosecutors reading this tonight, consider that while the designers of War are preparing to go jail for starting that war...

You are trying to put people in jail for attempting to prevent it.

This war is coming to an end. Maybe not tomorrow or even a year from now, but it is ending.

Ireland will be known as the 'Switzerland' of the Iraq War - pretending to be neutral while assisting and feeding the slaughter on a daily basis.

You will look back on your career years from now knowing which side you were on - but a job is just a job, isn't it?

by Steve Carroll - RAG Sat Oct 29, 2005 12:13 steve at inspiration-by-design dot co dot uk 10, Melbourne Road Worthing West Sussex BN12 4RY UK +44 (0)1903 600541

I just want to express my praise, support and admiration for Ciarron O'Reilly. My prayers are with him – especially as it seems he may be scapegoated for the whole thing. I wish I had his courage.

Please keep me in touch and let me know what kind of support we can give outside of the Republic of Ireland.

by Dr. Coilín Oscar ÓhAiseadha Sat Oct 29, 2005 12:50

Thanks to Court Reporter and others for providing a detailed summary of what went on in the courtroom for people like me, who couldn't easily be present. This detailed presentation is more valuable than all the newspaper articles I could read.

Please make yourself known to me some time so I can thank you in person. I will probably be at the trial on Tuesday and Wednesday.

Delighted to see Ciaron point out that the Gulf War never ended. It started in August 1990 with a trade embargo that degraded Iraqi water purification systems, and has continued with Operation Desert Storm, more sanctions of mass destruction, the subversion of the weapons inspections process to ulterior policies, Operation Desert Fox, irregular bombings of civilians in the no-fly zones, repeated obstruction by the Pentagon of the import of water purification equipment under the Oil-for-Food Programme, the invasion of March 2003, the destruction of Fallujah and the ongoing occupation.

As a doctor, I can't turn a blind eye to the systematic attacks on water supply systems. It's too painful to understand what this means for a civilian population threatened by diseases like cholera, dysentery and typhoid. (See DIA report "Iraq water treatment vulnerabilities" of January 1991 - easily found in Google.)

Keep up the good work.
Coilín.

by Court Reporter Sat Oct 29, 2005 15:37

apologies for the delay.
We rejoing where Mr. Devally (prosecuting) was asking about Mr. O'Reilly's intentions and motivations.

He asked (in a multipart question) Mr.O'Reilly if part of the act was to highlight the military use of Shannon, including by painting a slogan.

Mr. O'Reilly said that media publicity was not his main hope, that the slogan was painted in an area inside the airfield where staff were more likely to see it than people outside, and that it was an appeal to them. Mr. O'Reilly said the media publicity was not the main hope behind his actions.

Mr. Devally put it to Mr. O'Reilly again that his hope was to get arrested, come to court and put the war on trial. Mr. O'Reilly said that this was not correct.

Mr. Devally asked about Ploughshares actions.

Prosecutor "What are ploughshares actions?"

COR : "Based on prophesy of Isiah and Micah to beat swords into ploughshares. They're non-violent attempts to enflesh that prophecy"

P: "Who devised that?"

COR : "It's a 3,000 year old prophecy."

Mr. Devally then asked about the plane.
"This plane was liveried as a US Navy plane"
COR: "Correct"
P: "But besides that, outwardly it resembles any other Boeing 737. It has no weapons mounted on the wings, or bomb bay doors"
COR :"It's a transport plane, it carries weapons inside"

The rest of the day was spent in technical legal argument in the absence of the jury, and is thus subject to reporting subscriptions.

Court was adjourned until Tuesday morning.

by More Killed Sat Oct 29, 2005 17:06

http://news.yahoo.com/s/ap/20051029/ap_on_re_mi_ea/iraq

by Observer2 Sat Oct 29, 2005 17:20

.

by Better late than never Sat Oct 29, 2005 23:28

Rumsfeld, Guantanamo, Shannon complaints, Iraqi sanctions figure in trial Day 4

by Justin Morahan - Peace People Saturday, Oct 29 2005, 7:55pm

(The following is to supplement above reports and are based on notes taken by me in court. The acoustics in the courtroom are not the best. I take full responsibility for any errors or omissions all of which are which are unintended)

After matters arising in the absence of the jury had been discussed, the Court resumed at11.34 a.m.

Garda O'Hanlon
The cross-examination of Garda O'Hanlon resumed. The Garda described how the five defendants sat in a circle with the tools in a pile.
To a great degree the defendants were co-operative. He produced the items of the shrine one by one: candles, candlestick, hammers including an inflatable one, the Koran, the Bible, two sets of beads, pictures of children, two videotapes, a rucksack, an axe, a pliers. The rucksack, he said, belonged to Ciaron.

The Garda agreed with Senior Counsel Nix that the photos were upsetting and damage was plain to see.

In response to Senior Counsel O'Higgins, the witness read out (sometimes not very clearly) some of the words and phrases written on the backs of the pictures: Among the audible phrases were "Key facts:1991.. economic sanctions on Iraq.. Feb 19 .. 5 weeks bombing + (a number of hundred) days ...End of war . .retreat of Iraqi soldiers . ...sanctions continue with approval of Security Council UN permanent members France, China, Russia,Britain, United States. . . Ireland currently a member . . .First 9 months of sanctions ..1996 Oil for Food programme started...UNICEF 5,200 children dying in Iraq..
1998..claim weapons inspectors kicked out...2002 George W Bush threatens Iraq, weapons inspectors not allowed in... referendum .. amnesty.. 3 heads ..retired, Denis Halliday, Hans von Sponeck, Ramsey Clark ..1.7 million Iraqis have died..Iraqi sanctions..old campaign to end economic sanctions."

The witness also identified a map of Iraq on the back of pictures and read out the names of cities there including Baghdad. He agreed with Counsel that "Holy Cities" was written on the map.

Witness for the Prosecution Det Garda M Houlihan

On Thursday morning also Det Sgt M Houlihan gave evidence to the Prosecution of early morning interviews with Ciaron and Damien, both had acknowledged the accuracy of their statements but had declined to sign them, he said. Garda Quinn had gone out to get their "statement of faith" (Note: This statement of faith was read out to the jury by the Prosecution at the beginning of the trial on Monday last).
In reply to the Prosecuting Counsel, the Detective mentioned the dates, times and content of different interviews with Ciaron, Damien and Karen while under arrest. He gave evidence that Damien had said the Dublin Catholic Worker had issued the statement of faith, that (he knew) he had been arrested on suspicion of criminal damage to a jet at Shannon airport, that the jet was the property of the US Government, that he had signed the statement of faith, that he firmly believed in the statement of faith.
Ciaron, the witness said, had been charged on 3 February . When charged Ciaron had said\; "I honestly believe I had lawful excuse to enter the compound to save lives of .... and others". He had signed the statement.
Ciaron O Reilly had also said "We went to Shannon airport to stop a crime, not to commit one."
The Detective agreed with his Counsel that none of the defendants was troublesome.

Cross examination by Senior Counsel O'Hanlon

In reply to defending Counsel O'Hanlon (for Ciaron and Damien), Det Houlihan said that he had not asked Ciaron about the purpose of the shrine (that they had erected in Shannon airport) but had written a memo of Ciaron's conversation with Garda Swift at which he (Detective Houlihan) had been present. (According to his memo, Ciaron had said they were tools not weapons, had acknowledged that there were video tapes there and that he (Ciaron) had familiarity with these video tapes. He (Ciaron) had said he thought it was a US warplane and that it was a threat (comprising) a massive bombardment (expected) in the coming weeks

Cross examination by Senior Counsel Nix

Mr Nix reminded the witness that on 21/2/04 US Chief of Staff Donald Rumsfeld arrived in Shannon airport and addressed his troops within the airport
Det Houlihan: I didn't see this
Mr Nix asked the Detective would he agree that his client Karen Fallon was a quiet little lady
Det Houlihan agreed with this

Cross-examination by Senior Counsel O'Higgins

Senior Counsel O'Higgins in cross examination of Det Sgt Houlihan focused for a time on Deirdre Clancy's statement to the Gardaí in which she had stated "I urge the Gardaí to investigate the real crime". In reply to questioning, the Sgt agreed that there was an onus on Gardaí to investigate all crimes and that, if people were being attacked and the Gardaí didn't respond (to complaints) people might defend themselves.
Mr O'Higgins quoted at length from Irish law regarding the protection of the civil population in times of war. He pointed out that the Geneva Conventions (Amendment) Act was enacted by the Oireachtas in 1998 (see below) . Referring to Art 51.2 in particular (see below) he got agreement that it suggests the folowing: if this subsection were violated, the matter should be investigated.

Mr O'Higgins asked Det Houlihan: "Did you or your colleagues give any consideration to interviewing US troops (at Shannon) at any time between May 2002 and March 2003?"
Det Houlihan: "No. (There was) never a specific complaint"
Mr O'Hanlon: Do you know Edward Horgan.. took an action
Det Houlihan: There were no specific complaints. Maybe there were some later, in 2004
The Garda continued that in that later complaint mention was made of an aircraft that landed at Shannon, there was a TV documentary, that said people were being carried on that aircraft to Guantanamo Bay. The pilot was not interviewed by Gardaí.
After the Judge questioned the relevance of events in 2004, the Jury was sent out while legal argument continued.

On resumption. Mr O'Hanlon got agreement from Det Houlihan that the Gardaí should treat everyone equally, and if the Gardaí in one instance are investigating one side only, people would be tempted (to take action themselves). He put it to the Detective that the Gardaí didn't do a good investigation (after complaints ) in 2004 - they just talked to a few people on the ground.
The Judge intervened, mentioning "ex-post factum" evidence and suggested that Counsel could not continue to pursue an action after the event ...
After legal argument again, in the absence of the jury, the cross-examination continued.

Mr O'Hanlon: Do Gardaí sometimes investigate ( a potential crime) as a result of chit-chat
Det Houlihan: Usually there is a specific complaint
Mr O'Higgins: Do you know Tim Hourigan?
Det Houlihan: (yes)
Mr O'Higgins: Do you know Edward Horgan?
Det Houlihan: (yes)
Tim and Ed were asked by Counsel to identify themselves in court and did so.
Counsel reminded the Detective that he had received complaints from both of the individuals in 2002 and was he aware of a long letter from Tim to the DPP and a phoned complaint in January 2003.
Det Houlihan: There was one specific complaint from these gentlemen. I don't know if the plane (that they had complained about) was searched. The manifest in respect of the plane was checked.
Asked if there was no reason to suspect other than what was in the manifest, the Detective replied: "I didn't investigate"
Mr O Higgins: Did you or other Gardaí to your knowledge give any consideration as to whether civilians' rights might be (violated by planes using Shannon airport)?
Det Houlihan: I can't comment. There's a Government there.
Mr O Higgins: Did the Guards ever have a meeting to ask "Is the civilian population going to be bombed?"
Det Houlihan: I was never at any such meeting.
There was no suggestion, he said, to interview these military types (passing through Shannon)

Senior Counsel Nix asked the Detective about the hammer that had slogans on it. The Detective agreed that they were an international peace sign and PX standing for either PAX meaning peace or Pax Christi meaning Peace of Christ.

The Prosecution then entered into evidence that Mr Michael Schmitt a logicians expert had given an estimate of 2,615,000 euro for cost of repairs.

After lunch there was legal argument in the absence of the jury and the jury were then sent home for the rest of the day

ADDENDUM:GENEVA CONVENTIONS (AMENDMENT) ACT 1998
Article 51—PROTECTION OF CIVIL POPULATION
http://www.achtanna.ie/print/zza35y1998.1.html

1. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.

2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.

3. Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities.

4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:

(a) those which are not directed at a specific military objective;

(b) those which employ a method or means of combat which cannot be directed at a specific military objective; or

(c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.

5. Among others, the following types of attacks are to be considered as indiscriminate:

(a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and

(b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

6. Attacks against the civilian population or civilians by way of reprisals are prohibited.

7. The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.

8. Any violation of these prohibitions shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians, including the obligation to take the precautionary measures provided for in Article 57
http://www.achtanna.ie/print/zza35y1998.1.html

by Update Sun Oct 30, 2005 00:13

“STATE AND GOVERNMENT SHOULD BE ON TRIAL, NOT THE PEACEMAKERS”.

----------------------
Extracts from Mairead Corrigan Maguire's speech at a public meeting entitled
‘WAR IS TERROR IS WAR’ in Trinity College on Thursday October 27th in
support of the 5 Catholic Worker activists currently on trial in Dublin Four
Courts.

******************************************

Good evening everyone,

I want to thank the Pit Stop Ploughshares 5, Deidre Clancy, Nuin Dunlop,
Karen Fallon, Damien Moran, and Ciaron O’Reilly for their action in
disarming a US navy war plane at Shannon Airport on 3rd February, 2003. I am
deeply inspired by their lives and courageous action. I know this action was
done from the motive of love of their Iraqi brothers and sisters, whom they
wished to save from further death and suffering, and also their American
brothers and sisters, whom they did not wish to see kill, or be killed. I
know they carried out this action in the spirit of the Catholic Worker
Movement, founded by that great American peace activist, and person of
vision and compassion, Dorothy Day. Their action was carried out after much
prayer and reflection. They were deeply conscious that by carrying out
nonviolent civil disobedience they would face ridicule, hardship, and great
personal sacrifice. Yet, they said ‘yes’ to this duty of conscience. We are
all deeply indebted to them for reminding us of the duty of each human
person, to seek truth and then live out of that truth with as much integrity
as possible. I believe, the truth is that every human life is sacred and we
have no right to kill each other in violence and war, and we must do all in
our power to protect the human dignity and safety of all our brothers and
sisters where-ever they live. We have all responsibility as citizens, and
the Pitstop 5 were trying to do what our Courts and Governments are supposed
to do, prevent further crimes against the Iraqi people.

The Pitstop 5, took seriously the following words from the Nuremberg
Principles and the International Court which says: “INDIVIDUALS HAVE
INTERNATIONAL DUTIES, WHICH TRANSCEND THE NATIONAL OBLIGATIONS OF OBEDIENCE.
THEREFORE INDIVIDUALS HAVE THE DUTY TO VIOLATE DOMESTIC LAWS TO PREVENT
CRIMES AGAINST PEACE AND HUMANITY FROM OCCURRING”.


The Pitstop 5 were following their conscience AND fulfilling their duty as
Citizens and their International responsibilities by trying to stop yet
another war, occupation and invasion of Iraq.


Today the Pitstop 5 were yet again appearing at Dublin’s four courts on
‘criminal charges’ and if these charges are not dropped and they are not set
free they could face up to 10 years in prison. It is a sad day for Ireland,
when it criminalizes its ‘peacemakers’ and the Irish Government, whose role
is to protect its Irish Citizens and the International community,
facilitates the American military, through Shannon airport, to continue its
killing, torture, incineration, internment, invasion and occupation of a
Sovereign country. Surely, it is not the Pitstop 5, but the Irish President,
as head of the Armed Forces and Irish State, and the Irish Government, who
should be called to account by the Irish people for facilitating this
barbaric war and invasion of Iraq by allowing the militarization of ‘Shannon
Airport’ and putting in jeopardy Irish citizens’ safety and Irish
Neutrality.


We all knew that over half a million Iraqi children under the age of 5 died
unnecessarily due to UK/USA/UN sanctions and that Iraq was slowly being
destroyed. We all knew there were no weapons of mass destruction in Iraq. We
all knew there was no collaboration between Saddam Hussein and Al Qaeda on
9.11 attacks. We all knew that the UN did not sanction a war against Iraq.
The War on Iraq was illegal and the killing of people in Iraq amounted to
mass murder, and an Act of State Terrorism. The Irish Government’
collaboration by granting of ‘over flight’ permission and ‘landing rights’
at Shannon, I believe, amounted to ‘aiding and abetting ’that criminality,
that murder, and is itself a crime.

Facilitating ‘aiding and abetting’ an illegal action, is surely also ‘an
illegal act’.

This illegal act, endorsed by the silence of the Irish President (as head of
State and the Army,) and by the Irish Government, continues each month, as
10,000 US Troops continue to pass through Shannon Civilian Airport, to and
from Iraq. To date l25, 855 US Troops weapons and cruise missile components
passed through the ‘civilian’ Shannon airport in 2003. While Aer Rianta made
E.15 million in war money, the Pitstop Ploughshare are charged with E.2.5
million and criminal damage. Not only is Irish Government facilitating the
murder and torture of Iraqi civilians, it is putting Ireland’s neutrality
and multi-cultural citizens in danger of retaliation.


Who should be up in the Irish Courts today – the pacifist Pitstop 5 who
nonviolently tried to prevent war against Iraqi citizens,(mostly women and
children died), or the Irish State and Government, who collaborated with an
illegal war by allowing US military machine use Shannon Airport thereby
violating the Irish constitution, International Law, UN Charter, and
Nuremburg principles.


The American Government has committed numerous war crimes, and acts of state
terrorism, and will continue to do so unless it is told the truth by its
friends – “No more war, no more nuclear weapons, no more invasions and
occupations, and torture, and imperialist adventures to occupy other peoples
lands and dominate and control them and their resources for USA’s benefit”.
Ireland is such a friend and it has a moral, ethical and legal
responsibility to tell the American Government the truth and to withdraw all
support for USA’s illegal, immoral and counter-productive wars and
imperialist ambitions. If America’s friends have not the courage to tell
them the truth about what most of the world’s people think about their
Government’s foreign policy, then who will?

But we must speak the truth in love. We as peace activists are not against
the American people, but against the American Government’s foreign policies
which are the cause of so much suffering and death and destruction in the
Middle East and other countries today.