Martin McDonnell court appearance in Ballina

mayo | crime and justice | news report Wednesday October 22, 2008 14:09 by -d- diba_26 at hotmail dot com

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.