from 16 february 2003
blue vol II, #70
Eyewitness Archive



Shannon Peace Camp:
Activist Found "Guilty" Of Damage To USAF Warplane

Eoin Dubsky



Yesterday in Shannon District Court Judge Mangan returned a verdict of "guilty" (under his breath, while shuffling nervously through his papers) for the charge of criminal damage which I was facing because of the Shannon Airport USAF Hercules spray-painting action I did last September.

I'm going to appeal his decision.



The sentence was quite harsh too:

  • Fined 1,000 euro
  • 6 months suspended prison sentence
  • Own bond of 50 euro, independent bond of 500 euro
  • 2 years bound to the peace and stay out of Co. Clare

It was a good media day, as I got to speak with local, region, national and other media about the continued use of Ireland and Shannon Airport as a conduit for war, and the legitimacy of continued nonviolent resistance. For a while in some media reports my age ranged from between 22 and 33 (I turned 23 on Tuesday, that's what confused them), but otherwise they were quite fair.

Here's a 30 second report from RTE in RealVideo:
http://www.rte.ie/news/2003/0213/6news/6news56_4a.ram

Friends had also come along in support of me and Mary Kelly, who was there for a pre-trial formality about a fence-climbing charge against her from a Shannon Airport demonstration in August (small cheese compared to her disarmament action with an axe on a US Navy aircraft a few weeks ago). The main message to the media that day was (see RealVideo clip above) that the court's judgement wouldn't deter people from continuing their work in solidarity with the people in Iraq, Afghanistan, and elsewhere on the "map of terror/oil".

BACKGROUND...

September - Right after the action:
http://lists.redbrick.dcu.ie/pipermail/justice/2002-September/000161.html

December - Right after the trial:
http://lists.redbrick.dcu.ie/pipermail/justice/2002-December/000174.html

FUND-RAISING

While I don't intend to pay the fine as a matter of conscience, I'm not above fund-raising for campaigning and legal costs. ;-) Now that there have been three disarmament actions at Shannon Airport which may be before the circuit court, I hope we can get over some expert witnesses from abroad who've helped with similar actions in the US and UK previously (my appeal will be heard before the same court where the recent Pit-stop Ploughshares case by the five Catholic Workers, and Mary Kelly's handy work with an axe are heading). Having some cash would make some other legal and campaigning stuff possible too... Anyways, my address [if you want to send me a letter or a donation :) ] is:

Eoin Dubsky
Whitewalls
Ballymoney
Gorey
Co. Wexford
Ireland

While we're on addresses... please note this new address for the five Catholic Workers who are currently in jail for their recent ploughshares action at Shannon Airport:

c/o Br. Anthony
Glenstal Abbey
Murroe
Co. Limerick

Okay, that's almost it. Just before I go though: If you live in Dublin, could you check out the Irish military airbase at Baldonnel and see whether it is also being used by the US (please let me know). Even though there are armoured personel carriers and soldiers with machine guns at Shannon Airport (that's just the Irish army, I'm not talking about the US forces on their way to Iraq)... don't be put off taking action there yourself. Visit the airport with a group of friends, take notes of access routes, pipes, and other infrastructure which could be safely blocked or broken to disrupt the military shenanigans there. People will continue to resist by creative nonviolent means and on March 1st there is a demonstration planned for Shannon Airport which you could attend.



Eoin Dubsky



Powers of authorised officers at aerodromes.

33.-(1) An authorised officer, in the interest of the proper operation, or the security or safety, of an aerodrome, or the security or safety of persons, aircraft or other property thereon, may do all or any of the following things-

( a ) stop, detain for such time as is reasonably necessary for the exercise of any of his powers under this section, and search any person or vehicle on an aerodrome; ( b ) require any person on an aerodrome to- (i) give his name and address and to produce other evidence of his identity; (ii) state the purpose of his being on the aerodrome; (iii) account for any baggage or other property which may be in his possession; ( c ) order any person (i) who refuses to give his name or address, or to produce other evidence of his identity, or (ii) who refuses to state the purpose of his being on the aerodrome, or (iii) who refuses to account for any baggage or other property in his possession, or (iv) who gives a name or address or states a purpose of his being on the aerodrome which is known, or is reasonably suspected, by the authorised officer to be false or fictitious, or (v) whom he knows not to have, or whom he reasonably suspects of not having, a lawful reason for being on the aerodrome, to leave the aerodrome, or any part thereof, or he may remove such person from the aerodrome, or any part thereof, or he may arrest that person without warrant, ( d ) arrest without warrant any person- (i) who assaults, or whom he reasonably suspects to have assaulted, another person on an aerodrome, or (ii) whom he knows to have, or whom he reasonably suspects of having contravened section 12 or 19, or (iii) whom he knows to have, or reasonably suspects of having, a stolen article in his possession. (2) Where an authorised officer, who is not a member of the Garda Síochána, arrests a person under this section, he shall, forthwith, deliver such person into the custody of a member of the Garda Síochána to be dealt with in accordance with law. (3) Where an authorised officer arrests a person pursuant to the powers conferred on him by subsection (1) (d) (iii), he may retain in his possession any article which he knows to have been, or reasonably suspects of having been, stolen until it has been established whether or not the article was stolen. (4) A person who was ordered by an authorised officer to leave an aerodrome or part of an aerodrome, or who was removed from an aerodrome or part of an aerodrome by an authorised officer, shall not, on the same day, without the permission of an authorised officer, return to the aerodrome or the part of the aerodrome which he was ordered to leave, or from which he was removed, as the case may be. (5) Any person who obstructs or impedes an authorised officer in the exercise of any of the powers conferred on him by this section, or who fails to comply with any lawful requirement of an authorised officer under this section, shall be guilty of an offence. (6) In this section, "authorised officer" has the same meaning as in section 15 of the Act of 1950 (as amended by this Act).

Possession of certain dangerous articles in aerodromes.

12.-(1) This section applies to the following articles, that is to say- ( a ) a firearm, or any article having the appearance of a firearm, whether capable of being discharged or not; ( b ) an explosive, or any article manufactured or adapted so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not; ( c ) any article marked or labelled so as to indicate that it is, or it contains, an explosive; ( d ) any article which does not fall within the meaning of paragraph (a), (b) or (c) and which is made or is adapted for use for causing injury to or incapacitating a person, or for damaging or destroying property, or which is intended by the person in whose possession it is for such use, whether by himself or, as the case may be, by some other person. (2) A person shall not, without lawful authority (the proof of which shall lie on him), have in his possession in or bring or cause to be brought into- ( a ) any part of an aerodrome, or ( b ) any air navigation installation which does not form part of an aerodrome, an article to which this section applies.

Possession of certain dangerous articles in aircraft.

19.-(1) This section applies to the following articles, that is to say- ( a ) a firearm, or any article having the appearance of a firearm, whether capable of being discharged or not; ( b ) an explosive, or any article manufactured or adapted so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not; ( c ) any article marked or labelled so as to indicate that it is, or it contains, an explosive; ( d ) any article which does not fall within the meaning of paragraph (a), (b) or (c) and which is made or is adapted for use for causing injury to or incapacitating a person, or for damaging or destroying property, or which is intended by the person in whose possession it is for such use, whether by himself or, as the case may be, by some other person. (2) A person shall not, without lawful authority (the proof of which shall lie on him), have in his possession in or bring or cause to be brought into- ( a ) any aircraft registered in the State, wherever that aircraft may be, or ( b ) any other aircraft when it is in, or in flight over, the State, an article to which this section applies.

Definitions for purposes of Part V authorised officer.

15.-(1) In this Part- the expression "authorised officer" means a person being- ( a ) a member of the Garda Síochána, or ( b ) any person belonging to a class authorised in writing by the Minister to exercise the powers conferred on authorised officers by sections 19 and 20 of this Act; the word "bye-laws" means bye-laws made under this Part; the expression "State aerodrome" means an aerodrome established by the Minister under section 37 of the Principal Act. (2) References in this Part to a contravention of a bye-law include references to a failure or refusal to comply with the by-law.






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