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Martin McDonnell court appearance in Ballina
Shell2Sea legal battles continue
Wednesday, 15 October, 2008, Martin McDonnell of Glenamoy appeared in front of Judge Clein in the Ballina Courthouse. Garda Egan and Sergeant Gill, the prosecuting Gardai, asked the judge to activate McDonnell’s suspended jail sentences stemming from two counts of trespassing on Shell property. Wednesday, 15 October, 2008, Martin McDonnell of Glenamoy appeared in front of Judge Clein in the Ballina Courthouse. Garda Egan and Sergeant Gill, the prosecuting Gardai, asked the judge to activate McDonnell’s suspended jail sentences stemming from two counts of trespassing on Shell property. Clein adjourned the matter to January 27, 2009. Providing McDonnell can “keep out of trouble” until then, the judge will strike out the application.
On September 9th, 2008, McDonnell appeared in front of Judge Clein in Belmullet. He pled guilty to two charges of trespassing, under Section 11 of the Criminal Justice Public Order Act. For trespassing in Ballinaboy on December 25th, McDonnell was sentenced to one month in jail. The sentence was suspended for two years, on the condition that McDonnell “keep away from” the Corrib Gas Terminal. For trespassing in Glengad on June 19th, McDonnell was sentenced to one month in jail. This sentence was also suspended for two years, on the condition that McDonnell “keep away from” the Glengad Yard.
On the 13th, 18th, and 19th of September, 2008, McDonnell was seen outside the gates of the Glengad site, supporting Maura Harrington on her hunger strike. On the 25th of September he was seen on the public roadway near Gate 2 of the Ballinaboy site.
In court on October 15th, Garda Egan and Sergeant Gill testified that McDonnell had not trespassed or committed any offences, that he never left the public roadway, and they did not receive any complaints from Shell personnel regarding his actions. McDonnell testified that he had been at the sites, but had not trespassed or even gone near the gates. He continued to participate in peaceful protest following the court’s order to keep away from the Glengad and Ballinaboy sites, but believed that he was in compliance of the court’s order.
After hearing McDonnell’s statement, the judge became visibly upset and angry. He lectured the court, quoting the Latin phrase “ignorantia juris non excusat” - ignorance of the law is no excuse. With the words “I give everybody one chance, but they don’t get two,” he placed McDonnell in the custody of Garda Egan and Sergeant Gill until later that afternoon, giving himself the opportunity to calm down before deciding whether or not to send Martin McDonnell to prison for two months.
Seven or eight friends and supporters came to the court in the morning to hear the case, and they were joined by at least that many more to hear the judge’s decision in the afternoon. Judge Clein reiterated that the order was to stay away from the Glengad and Ballinaboy sites altogether, and expressed his wish that he would not hear of Martin McDonnell “getting into any trouble” again. He put off making a decision on the Gardai’s application until January 27th, 2009.
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mayo |
crime and justice |
news report
Wednesday October 22, 2008 14:09
by -d-
diba_26 at hotmail dot com
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Comments (5 of 5)
Jump To Comment: 1 2 3 4 5Viva Martin & Shell to Sea! The judge needs to learn to restrain himself.
Another brave local stands up to the state and Shell's cabal.
Respect!
It seems , Martin was not on shells ? land, but can still be brought to court by a Garda who is on shells Project monitering committee$$ who by the way also has a court order against him, what is called a restraining order from local people who were constantly being bothered by this same garda and can not go within 300 feet of this person by the local court. I mean come on; wheres the real law when shell breaks all the laws of SAC, posions the drinking water and no one within the law will enforce the law. It's a pretty sad affair when a man walks down a public road and can be brought to court and threaterned with prison: He wasn't caught taking Bribes,driving a 2 ton JCB into a crowd of local people on private land, didn't assault any one with clubs or throw any body down into drains. It's getting pretty pety on shells part.. They must be lossing the plot to stoop so low as walking by on a public road is now illegal. Martin's a good person who is a Braveheart. $hell will have a lot to answer for, in the courts so they are mad and demeaing; another 8% increase in gas """
OUR ANCESTORS would roll and get up from their graves if this shit keeps happening.
All the people that Shell & their Garda puppets are seeking to criminalise are decent, hitherto law-abiding folk, but they have too strong a conscience to allow the poisoning & destruction of the land. They've been fighting without violence for over eight year now - respect to all who won't kow-tow to SHell & a rotten Government.
Cowardly intimidation tactics by the State which claims to represent the people of Ireland & allows Shell a free hand in wrecking the environment! Courageous non-violent resistance from a people who won't give up. Best wishes to all you brave Erris people; we'll see you soon.