Cablegate: Shannon Five Found Not Guilty

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RR RUEHAG RUEHDF RUEHIK RUEHLZ
DE RUEHDL #0891/01 2100528
ZNR UUUUU ZZH
R 290528Z JUL 06
FM AMEMBASSY DUBLIN
TO RUEHC/SECSTATE WASHDC 7288
INFO RUEKJCS/SECDEF WASHDC
RUCNMEM/EU MEMBER STATES

UNCLAS SECTION 01 OF 02 DUBLIN 000891

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: MARR PGOV PTER KJUS IZ EI
SUBJECT: SHANNON FIVE FOUND NOT GUILTY

Ref: Dublin 1372 from 2005 and previous

1. (SBU) Summary: On July 25, a jury found five anti-war
protesters not guilty of criminally damaging a U.S.
aircraft at Shannon Airport on February 3, 2003. In an
unprecedented decision, Judge Miriam Reynolds allowed the
accused, who had pleaded not guilty, to argue that they
had a "lawful excuse" to cause damage, as they believed
they were acting to protect lives and property in Iraq.
The verdict, legal implications of which remain unclear,
was greeted with surprise from most commentators. The
Ambassador raised his concerns on the issue with the
Foreign Minister and the Secretary General of the
Department of Justice. The DCM and POL/ECON Chief
followed up at senior levels of the foreign and justice
ministries. GOI officials were surprised by the verdict,
but said that because the verdict was made by a jury, not
by a judge, it does not establish a new legal precedent.
They assured the Ambassador of continued U.S. access to
Shannon. Senator Brendan Daly (Fianna Fail) has raised
the case with the Attorney General and signaled his
intent to request the Director of Public Prosecutions to
take the case to the Court of Criminal Appeal. Post
would appreciate Washington's views on whether the USG
could press charges against the five in a U.S. court.
Anti-war organizers, emboldened by the jury's decision in
this case, are organizing a major protest at Shannon on
September 23, and declaring a long-term strategy of
"shutting Shannon down until it is demilitarized." We
will continue to press the GOI hard to protect U.S.
interests and property. End summary.

The Case
--------

2. (SBU) On July 25, five anti-war protesters, the so-
called "Fab Five" or "Shannon Five," were found not
guilty at Dublin Circuit Criminal Court of criminally
damaging a U.S. aircraft at Shannon Airport on February
3, 2003. The five admitted to having used hammers and an
axe to damage the front, side and rear of a C48 U.S. Navy
supply plane, but argued that they had a "lawful excuse"
for doing so, as they believed they were acting to
protect lives and property in Iraq. In an unprecedented
decision, Judge Miriam Reynolds allowed the use of this
defense. The five were Ciaron O'Reilly (46), an
Australian national, Nuin Dunlop (34), a U.S. citizen,
Karen Fallon (35), a Scottish national, and Irish
citizens Damien Moran (26) and Deirdre Clancy (36), all
members of the self-titled "Pitstop Ploughshares." The
jury deliberated for four-and-a-half hours to reach its
unanimous decision on day twelve of the trial.

Judge allows use of unprecedented defense
-----------------------------------------

3. (U) The verdict is seen by many commentators as
being influenced by the decision of Judge Reynolds to
allow the accused to use the defense of "lawful excuse."
This defense allows for damage to property when the
persons doing the damage honestly believe they are
protecting lives, and when this belief is reasonable in
the circumstances. Although not allowed by the judges in
the previous two trials (because the lives allegedly
being protected were so remote and/or the actions so
insignificant), Judge Miriam Reynolds ruled, following
lengthy legal argument, that the defense could be used.
(Note: Post is seeking an interpretation of the ruling
from both the Department of Justice and Department of
Foreign Affairs.)

Reaction
--------

4. (SBU) Since the decision, Post has received numerous
telephone calls from the public, including media
contacts, mostly expressing surprise at the verdict.
Senator Brendan Daly (Fianna Fail) contacted the Attorney
General in relation to the case, signaling his intent to
request that the Director of Public Prosecutions (DPP)
take the case to the Court of Criminal Appeal. There
have been calls from some groups, including the Irish
Anti-war movement and the Socialist Workers Party, to
protest at Shannon on September 23. In response, one of
the five, Ciaron O'Reilly, said the Catholic Worker
movement would take the next two weeks to analyze how
many people would be needed to "shut Shannon Down until
it is demilitarized." He indicated that the Catholic
Workers movement would be interfacing with student

DUBLIN 00000891 002 OF 002

organizations, anti-war groups, and church groups in
Ireland and internationally to this end.

Comment
-------

5. (SBU) Post is focused on deciphering the legal
implications of this verdict and pushing the GOI to take
action to protect U.S. interests and property. Initial
legal opinion indicated it is unlikely the five can be
tried again on these charges as they were acquitted by a
jury, and under Irish law, an accused is protected from
double jeopardy. As media commentators have pointed out,
this novel defense could justify a gamut of violent
crimes. For example, the damaging of a vehicle could be
justified, if a person believed the owner of the vehicle
was a danger to life, and the action of damaging the
vehicle would save lives. GOI contacts do not plan to
comment publicly on this case, but have expressed
sympathy and willingness to address the issue. They have
also reassured post as to Shannon Airport's continued
availability to U.S. military transits. This verdict has
given anti-Iraq war protestors renewed vigor, but we
seriously doubt that planned action to shut down U.S.
military operations at Shannon will amount to anything.

KENNY

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