Shell to Sea court cases - 12th March

mayo | crime and justice | news report Thursday March 20, 2008 16:54 by Rudiger

Rundown on the Shell to Sea cases that were held on the 12th March in Belmullet court.

Last Wednesday (12th March) in Belmullet court, 9 Shell to Sea members cases were up for mention, while the hearing of Niall Harnetts’ case (in which he represented himself) of obstructing a guard and breach of the peace was heard. The court was presided over by Judge Lucey who stepped in for Judge Devins.

The cases of Rob Jackson, Cathal Larken and Dominic McGlinchey were adjourned until the 9th of April. This involved consulting with the DPP for the Section 19-3 (obstructing a guard) charge against them as in these charges no individual guard was named as being obstructed.
The cases of Sean & Maura Harrington were also up for mention and again adjourned for mention until the 9th April. This is because Maura Harrington has judicially reviewed Judge Devins’ decision not to allow her access to the court transcripts of her case. A stay has been put on the proceedings against Ms Harrington until the High Court decides on this matter.

The next case up was the cases of Patrick Coyle, Pat & Martin O Donnell and Michael Healy which was adjourned until the 14th May for mention. Defence solicitor Alan Gannon stated how there is garda video footage from the whole of that days’ protest, however the 7 minutes during which the alleged assault took place was missing from the garda video. When asked by the Judge if the defence was saying that the footage was “spoiled” by the gardai, Mr Gannon stated that its possible “that it was deliberately stopped”. State and defence videos expert are to examine the tape and recording equipment in the UK shortly.

The final case was the hearing of Niall Harnetts case in which he was charged with Section 19-3 (obstructing a guard) and Section 6 (breach of the peace) of the Public Order Acts. The case relates to an incident which occurred on the 27th of May 2007 outside Gate 1 of the Bellanaboy refinery.

First to give evidence was Inspector Daniel Keane who said that when he arrived along with Detective Noel Brett, he saw 3 protestors on the Gate 1 side of the road. He claimed that the 3 protestors were standing within 3ft of where the trucks were passing as they came out of Gate 1. Inspector Keane then approached the 3 protestors and told them it wasn’t safe where they were standing. Niall Harnett then questioned why it wasn’t safe where they were standing (he claimed the protestors were 10 to 15 ft away from the trucks) and under what authority he was ordering them to move, to which Inspectore Keane stated they Road Traffic and Public Order Acts. Inspector Keane then claimed that Mr Harnett became aggressive and started photographing him repeatedly and said to him “you have no authority. Go away”. Insp. Keane claimed that Mr Harnett was trying to entice other protestors over to where he was standing. Insp Keane then stated that the gardai then “gently pushed” the protestors to the other side of the road in a nonviolent manner. Insp Keane then said that Mr Harnett approached guards with a notebook and was taking notes, after which he crossed the road and approached Insp Keane and Det. Brett who had returned across the road. Mr Harnett then asked Insp Keane for his name, rank and station which he gave. Insp Keane then said he told Mr Harnett to go back to the other side of the road which was refused. The inspector then pushed Mr Harnett across the road along with Det. Brett. Inspector Kean then claimed that Mr Harnet caught him by the lapelette pulled him to the ground and into a ditch and subsequently kept hold of him. Inspector Keane then stated that Sgt. John Nolan spoke to Mr Harnett and diffused the situation.
Under questioning from Mr Harnett, Inspector Keane admitted that Mr Harnett was entitled to question his authority. However Insp Keane rejected the fact that Mr Harnett was in the middle of questing gardai on their actions when he was pushed away. Mr Harnett then put it to the Inspector that many protestors had ended up in the drain in Bellanaboy, which the Inspector agreed had happened. Mr Harnett then put it to the Inspector that Mr Harnett had been worried about ending up in the drain as Det Brett had pushed violently as they neared the drain. However Insp Keane didn’t agree with this. When asked by Mr Harnett whether Insp. Keane ahd sought any statements from the many civilian witnesses present, he replied “No” and when asked why he stated “I didn’t”. Mr Harnett then put it to Insp Keane that he just sought the support of garda witnesses to which Insp Keane replied “I did”.
Mr Harnett put it to Insp Keane that the Inspector had never asked him his name or address, to which to the Inspector replied “I knew you”. Insp Keane told the court that he had been aware of Mr Harnett but had never met him before. Mr Harnett then sought to question the Inspector on the “no arrest policy” as stated in the Nov 2006 Garda Review Magazine, however the judge said he wouldn’t allow questions on this.
Mr Harnett then asked the Inspector what law entitles him to push people across the road. To which the Inspector replied that he had “gently ushered” the protestors across the road. Inspector Keane then stated that Section 8 of the Public Order Act gave them the power to push people, how this was contested by Mr Harnett by saying that “this is not law”
Then the issue of the safety of the 3 protestors’ original standing position was addressed. Mr Harnett asked if the protestors had been standing 15ft away from the trucks would it have been safe, to which the Inspector agreed.

The next garda witness was Grd McManus a lot of whose evidence was similar to Insp Keane. In his evidence Grd McManus stated that Mr Harnett was shouting insults but when questioned on it he couldn’t say what insults. He stated that Mr Harnett was shouting and his voice was “very pitched”. While questioning the next guard (GW107) on his evidence Mr Harnett claimed that that guard had grabbed at his throat and his camera while the protestors were being pushed initially.
There was then a break for lunch following which CCTV footage from the Shell camera at gate 1 was shown. It showed that initially the 3 protestors were standing to the side of gate 1 and trucks passing by unimpeded. The footage didn’t show clearly what happened at the other side of the road when Mr Harnett and Insp Keane fell to the ground.
Four other gardai then gave evidence including Sgt John Nolan who told of how after Mr Harnett and Insp Keane fell in the drain, he took Mr Harnett away for a chat in order to diffuse the situation. Mr Harnett stated that he believed that Sgt Nolans’ evidence to be an accurate description of what occurred. When asked if he had seen Mr Harnett striking out or insulting gardai, Sgt Nolan replied “No”.

The final garda witness was Detective Noel Brett, who said that Mr Harnett had been aggressive and confrontational. He said that at the end of the second push, he saw Inspector Keane’s cap fly off his head as both of them fell to the ground and then he saw that Mr Harnett had a hold of Inspector Keane. When Mr Harnett stated that Det. Brett had made a violent push on Mr Harnett as they approached the drain however Det Brett rejected the claim. Later Mr Harnett put it to Det. Brett that they’re had been history between the two of them. Mr Harnett claimed that at a previous incident he was assaulted by 6 gardai. Mr Harnett stated that Det. Brett drove up and that Mr Harnett had sought his assistance but that Det. Brett had driven away, however again Det Brett denied the claim. Mr Harnett stated that the gardaí had parked a car where the protestors had originally stood (this was also shown in the video) and questioned how was it that it wasn’t safe for protestors to stand there but it was safe for a parked garda car.

Mr Harnett then showed video footage that he had taken of the incident and it clearly showed that he did question gardai on why it wasn’t safe to stay where they were and what authority they were using in they’re requests. However it was also clear that he was not aggressive or insulting as some of the garda witnesses had claimed.

Mr Harnett then gave his evidence. He said that the 3 protestors had been about 15 feet away from the trucks and that if anything moving to the other side of the road to stand with the other protestors would be more dangerous. Mr Harnett said that no body was blocking trucks and everything was perfectly calm and peaceful before the gardaí arrived. Mr Harnett said that he asked repeatedly for the good reason as to why they should move but none was given. He stated that 1 garda had made 2 attempts to grap his camera. Mr Harnett then went on to say that the behaviour of the gardaí at Bellanaboy had been “appalling”, however any further comment on this subject was cut short by the judge. Mr Harnett stated that Insp Keane and Det. Brett had violently pushed him and that when he caught onto Insp Keane, it was an instinctive in order to stop himself ending up in the ditch like so many other protestors. Mr Harnett reject the garda claims that he was insulting or abusive.
After all the evidence was given Mr Harnett made a submission to have the charges thrown out quoting 2 case laws from the Supreme Court (Dunne and Bradish) which stated that the gardai should secure evidence from all sources and not just from garda sources. In the Bradish judgment, Adrian Hardiman has stated that “it is the duty of gardaí to seek out all evidence even if it doesn’t assist the case that the gardaí are advancing”. Mr Harnett said that this wasn’t done as other protestors weren’t even asked what they saw and the only statements from gardai were taken as evidence. The judge stated that he would consider this.

In summing up, Mr Harnett thanked Sgt Nolan for giving what he considered an accurate picture of what happen on the day and not giving in to the pressure to exaggerate as other gardai had done. He also stated that he expected gardai to uphold their oath and that as he is assertive in protecting his rights, he believes the gardai see him as a troublemaker. Mr Harnett stated that if gardaí had engaged in reasonable discussion this incident would not have occurred and that all he did was question gardai which is his right.

In his judgment, Judge Lucey found Mr Harnett guilty of the Section 19-3 but not guilty of the Section 6 and sentenced him to a 3 month suspended sentence. During about a quarter of a hour judgment he stated that while the gardai might have been wrong in they’re initial request to move the protestor, the protestors should still have accepted the garda direction. He stated that civilians can’t question all directions from gardai and used the case of a house on fire as an example. He stated that Inspector Keane’s request was “not a totally unreasonable request” and so should have been followed. He also stated that “you can’t run a garda force if every decision is queried” and that someone has to be the boss. In relation to Mr Harnett grabbing on to Inspector Keane the judge ruled that this was unacceptable and once people get involved in tussling with the gardai that we’re at a low point.

Some thoughts that occur to me, are that first of all while I disagree with Judge Luceys’ final judgment, that it has to be stated that Judge Lucey was courteous and patient throughout the proceedings. He also explained proceedings as he went and gave advice to both gardai and civilians throughout the day. It was a welcome difference to see people treated with some basic respect. Regarding Judge Lucey’s judgment however felt a bit like a 15 lecture to both Mr Harnett and the gathered Shell to Sea supporters as a whole without ever mentioning the context of what has brought around these circumstances. Judge Lucey made a statement to the effect that people should accept the garda as bosses and accept there directions whatever, however anyone with even a basic understanding of what has gone on in and around Bellanaboy would not accept this whatsoever. In his reasoning for the gardai not discussing any of their reasons he used a house on fire analogy however, there was not a fire or trucks being blocked that could be used as a reasonable excuse for the gardai not engaging with the protestors. Basically it was a judgment that backs up the complete disregard for proper policing that has characterised the whole of the Corrib Gas Project policing.