Victory for Tara defenders triumph at Trim

national | rights, freedoms and repression | feature

Wednesday May 20, 2009 08:09

by Madam K

Activists 14 V State 0

It's a pity they weren't thrown out of court as quickly

On Monday 11th May eleven defendants charged with public order offences while protesting the M3 through the Gabhra Valley, Meath, appeared before Trim court. Three more defendants were unable to return to Ireland and their cases were heard in their absence.

Seven of the defendants had been arrested on 18th July 2007 while protesting at Blundelstown at the Hill of Tara. Others were arrested on 14th September 2007 and 26th July 2007 and 13th March 2007.

Quotes from Court Observers:

* "The Public Order cases proved to be very interesting. Each case before the Court on Monday was dismissed as the Gardaí had failed to investigate as to whether anyone being charged had lawful or reasonable excuse. Offences under the Public Order Act, for the most part, specify that in order for an offence to be committed, there must not exist a reasonable or lawful excuse."

* "The cases on Wednesday were similar to Monday's cases, with the exception of the assault case. However, there was more argument to be had, unlike those on Monday, which usually only took seconds once a Garda witness was turned over to the defence for cross examination."

* "The crunch came when the Garda, having been asked to describe what he'd do today, in similar circumstances, under the provisions of 19c of Section 24 of the Housing Act (Miscellaneous Provisions) which adds a whole new set of offences into the Public Order Act, showed the Court that he had not the beginnings of a clue. A Garda must describe the offence allegedly being committed and what his or her reaction to it is. The Garda described his reaction only and thus failed in his duty."

Those before the court were J.P. Fay, Robert Doherty, Hugh Mac Loughlin, Heather Buchannan, Kieran O’Carroll, Carmel Diviney, Anthony Hannigan, Muireann Ní Bhrolcháin, Kitty Kavanagh, Neil Morgan, Rik Weilich, Daniel Maloney and Daniel Moore. Most of the defendants were represented by Michael Finucane solicitor and barristers John Moher and Imelda Kelly. Others were represented by Eoin Foley of Cahir O Higgins.

The presiding judge, John Coughlan, heard the cases over a period of two days, Monday 11th and Wednesday 13th May. He dismissed all the charges in 11 cases, the charges were dropped in two cases and one case of alleged assault was dismissed on merit.

Video taken by the construction company was shown in evidence in two of the cases.

Some details on Operation Bedrock, a security operation by the Gardaí on the route of the M3, were given in court.

Information was also given on the Judicial Review taken by Michael Finucane on behalf of some defendants in an effort to gain access to all documents relating to Operation Bedrock..