Shell to Sea campaigner Niall Harnett sentenced to 5months in jail

by Starstruck Tue Mar 23, 2010 16:11

Update from Shell to Sea Special Court Sittings

Niall Harnett stated in court: “Inspector Doherty, Sgt. Butler and Garda Egan, I am not prepared to apologise for standing up to them, because they are bullies.”

Today at Belmullet District Court, Niall Harnett was sentenced to five months in prison in relation to an alleged assault of three Gardai at the Belmullet courthouse in March of last year. He also had his driving licence revoked for two years for a road traffic offence in April 2009. Mr Harnett will be appealing all of these convictions.

In yesterday’s court, Maura Harrington was aquitted of two charges of blocking a road, while Paul Lynch also had no conviction recorded against him in relation to a similar set of charges. All three are Shell to Sea campaigners fighting the imposition of the disastrous Corrib gas project on the community of Kilcommon in North Mayo(1).

Shell to Sea spokesperson Terence Conway said: “This sentence is further evidence of the selective application of the law in relation to Shell’s project in Erris. While campaigners are receiving heavy jail sentences, the pipeline which Shell have illegally brought on land at Glengad, as ruled by An Bord Pleanàla, remains in place.”

He continued: “The government has indicated that they want this project to go through as a priority, and that the concerns of the local community are a distant second to that. We are being criminalised for standing up to this unsafe, environmentally damaging project, the human rights abuses of the Gardai and Shell security, and a project which also gives away the natural resources of Ireland for a pittance – but our opposition will remain strong.”

ENDS

For verfication or further comment, please contact:

Terence Conway 086 0866264

Maura Harrington 087 9591474

Notes to editors:

[1] An Bord Pleanala's Corrib Gas ruling: http://www.shelltosea.com/content/corrib-gas-ruling
[2] 130 objections lodged against Shell licence application:
http://www.irishtimes.com/newspaper/ireland/2010/0226/1224265203638.html

by Starstruck Tue Mar 23, 2010 16:57

Niall is appealing his conviction and so has thankfully avoided jail,for now.

by Menlough - Campaigner Corrib Tue Mar 23, 2010 17:39

Niall Harnett is the next person sentenced to 5 months in prison. Why? He is a campaigner against the usurpation of the rights of landowners in the Corrib area who object to the proposed workings of Shell (and who campaigned against work to date carried out by the MNC Shell) at the Corrib and who seeks a fair outcome from the planning permission due.

There is a saying 'Right is Right and wrong is no man's right'. To come to terms with this, it is necessary to have both patience and tolerance and this we have witnessed in those who have supported breaches of natural law at the Corrib, Tara Hill and other projects. Thankfully, Maura Harrington has escaped prison this time but to the others in prison presently, the support is behind your endeavours and those who are committed to the cause are continuing with the 'battle'. There is a book worth reading by Fintan O'Toole - yes the Ship of Fools. For anyone who is conned by the financial and economic catastrophe that has overtaken the Island of Ireland, it is worth reading this book, because in no uncertain terms, it re-focuses one's attention to our ambitions of being a republican nation with the ideals as contained in the proclamation. as distinct from those wizard financial deals by the elite. We have been caught by a global swing of greed with a contingent of powerful financiers with an ability to back horses and greyhounds as a mindset, who believed that they could fix the 'race'. Well some of them are already caught ie US, Italy, France, England and more are in the hands of the Garda Fraud office.

Well they failed and it is now time for the people in Ireland (not the 1% who own vast amounts of the wealth and are tax exiles) to start taking back our rights. We need to learn that wealth is different to income and that wealth remains in the hands of the few versus the many.

Niall and others I hope you can get your hands on the book inside in the prison.

Keep in mind 'The Dream' and use the time to spare yourselves 'the reality of the fight'. Rest and restore your energy. May you enjoy plenty significant moments. This may help you keep your spirits up. Working with prisoners, and working with groups, they were asked what was really important to them while they were doing 'time', the irony is that their answers were mainly the same. When one takes account of the high rates of recidivism and this study, we and the Irish Penal Reform Trust; the lawyers, the Judiciary, and the fraudulent bankers and developers can learn a lot.

The memories were not about big houses, motor cars, clothes, designer labels, champers - it wasn't the lack of internet, or shopping. In fact, a lot of prisoners had a dislike of returning to the rat race of life! The following are the memories that kept their spirits up:-

My kids, my kids, my kids (this was said most often - the touch the sound and the smell - note the senses

my wife girlfriend or partner with the proviso (only one at a time)

Sex (usually accompanied by 'Sorry about this'!)

Fishing

Walking the Dog especially in the Spring

Being able to go for a walk on my own

Having a night in or out with my mates or girlfriend

Running through the fields

Having a meal with family

Being told off by my Mum

Sitting on the settee surrounded by family

Having a good old row with the Missus

Going down a Street where people know me

Seeing someone smile at me and mean it

Ex: Discover your inner sloth by gillian bridge...it is about enjoying the leisurely dynamic and banish stress from your life and relationships!!!!

What a learning curve? Niall you are focused and you aim to achieve something similar to W.B. Yeats to hurl the little streets upon the great or words to that effect.

I hope some members of our ruling classes take time to read this and learn what incarceration 'can mean to prisoners and re-orientate their comprehension and understand to a fairer system of justice. There are a lot of people who need to re-focus from the hectic life style to near Zen focus.

Menlough

by Wondering Tue Mar 23, 2010 21:32

Will the appeal be a "trial by jury" type of court hearing, or will it be a "trial by judge" arrangement? -- in other words a "Kangaroo Court" where the outcome is all fully decided (behind the scenes) days, weeks, or months perhaps, before the actual day of the hearing?

by Well Wisher Wed Mar 24, 2010 10:58

With regard to "trial by judge" arrangements, it might also be well worth keeping in mind what Thomas Jefferson -- one of the most talented, experienced, and well-respected lawyers of all time -- had to say on the subject:

"I consider Trial by Jury as the ONLY anchor yet imagined by man, by which a government can be held to the principles of its constitution".

Related Link: http://en.wikipedia.org/wiki/Thomas_Jefferson

by old codger - pensioner Wed Mar 24, 2010 15:47

It is no coincedence that RTE news on tuesday evening showed a clip of Nial, announcing his sentence and also the Fianna Fail judge's comments designed to slur his character and portray him as a violent person. There was no mention of the other brave people being victimised by deliberate state corruption.
RTE like every other state institution is under the controll of Fianna Fail and all the political parties know it.
Stll they allow political crimes to be commited and innocent citizens to be demonised and criminalised in the eyes of the public.
I suppose that we should not be surprised that a government that allows foriegn Balkan merceneries to abuse and commit crimes against Irish citizens, would keep up a vendetta against people brave enough to try and stop their criminality.
As the broadcasting complaints commission is subject to Fianna Fail like the Garda ombudsman they have total controll on whatever they do to citizens.
THE FIGHT WILL GO ON AND SOMEDAY WE WILL GET THE CHANCE TO REPAY THEM IN FULL.
ADMIRATION AND THANKS TO NIALL, PAT AND MAURA AND ALL THAT SUFFER FOR TRUTH AND JUSTICE

by Fearbolg - S2S Wed Mar 24, 2010 19:52

It's 25 years since Burke signed away our natural resourses; it's 15 since the discovery of Corrib. In all of that time, in spite of their

best efforts against us, neither Shell nor the Leinster House Mafia have been able to generate enough gas to blow a hole in their

shorts. And all the while, the act of treason that is the Great Gas Giveaway is receiving more and more attention and generating ever-

greater outrage. .

This has been brought about by the selfless efforts of us locals and our friends at the camp, amongst others. Not least amongst

these is Niall Harnett. If Niall is a fake and a poser, I'd like to order 500 more of the same for tomorrow morning.

The Shell/Government nexus is in real trouble now as regards Corrib; that's why the hysterical posters have returned. They thought it

was all over. How wrong can you be? Welcome back, lads. We kicked your arses before and we'll do it again. So take a deep breath

and HIT THAT CAPS LOCK BUTTON!

by iamsam Thu Mar 25, 2010 00:32

He could have requested trial by jury and had the case sent forward to the circuit court. Its every persons right but Niall decided to stay in the district court. His choice, his problem

by Martha - shell to sea Gort Thu Mar 25, 2010 10:03

Solidarity with Niall and Carol at this sad time.
What you are doing and have done in Erris is coming from the right place, and a lot of people admire you all in Erris for that. There are not right or wrongs when we are acting in the name of love/solidarity/compassion. There are mistakes that lead us to a better understanding of who we are, those mistakes shape our personalities, they are part of our own and collective paths.
Lots of love to you Niall, keep strong and focus.
Martha

by Court Observer Thu Mar 25, 2010 10:43

Niall did not have the option of a jury trial which he told the judge he had wanted. Niall protested to the judge that the Gardai had prosecuted him for a Section 2 assault under the 'Non Fatal Offences against the person Act of 1997', which denied him the opportunity to elect to be heard before a jury. Niall made the point that the Gardai avoided prosecuting him for a Section 19.1 assault of a Garda under the 'Criminal Justice Public Order Act, 1994'. If they had used that more appropriate legislation then Niall would have chosen a jury trial.          Bookmark

Niall's point was that the Gardai and the DPP selected the charge to avoid a jury trial, knowing from experience that the district court judge would convict him, whereas a jury may not have convicted him.

In the law below:
Summary trial = Judge only
Indictment trial = Jury

Non-Fatal Offences Against the Person Act, 1997 (USED BY GARDAI)

Assault

2.—(1) A person shall be guilty of the offence of assault who, without lawful excuse, intentionally or recklessly—

( a ) directly or indirectly applies force to or causes an impact on the body of another, without the consent of the other.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months or to both.

Criminal Justice (Public Order) Act, 1994 (AVOIDED BY GARDAI)

Assault of a Garda.

19.—(1) Any person who—

( a ) assaults a peace officer acting in the execution of the peace officer's duty, knowing that he is, or being reckless as to whether he is, a peace officer acting in the execution of his duty.

(2) A person guilty of an offence under subsection (1) shall be liable—

( a ) having elected for summary disposal of the offence, on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months, or to both,

( b ) on conviction on indictment (Jury Trial), to a fine or to imprisonment for a term not exceeding 5 years or to both.

by Distant Observer Thu Mar 25, 2010 11:13

Assuming you are correct, and I note with great interest that you are being challenged in what seems to me to be a very major way (by "Court Observer" at Thu Mar 25, 2010 10:43), then I hope that Niall will choose the "trial by jury" option for his next appeal.

I say this because I believe that if a jury were to act in the way that a jury is meant to act in cases of this kind, which is to prevent GOVERNMENT BULLYING of the type in question, then the jury would -- in all of these "Shell To Sea" cases, or almost all of them at least -- judge the protestors to be "not guilty" of any crime.

And, if that were to happen, there is NOTHING that I can think which would hurt Shell Oil and their many accomplices more.

Far more importantly perhaps, I further believe that there is nothing that would HELP the people of the Republic of Ireland more, than a string of such "not guilty" verdicts coming from a jury -- or juries, as the case might be, on account of the fact the Shell To Sea situation seems to involve several court cases.