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.
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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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