Dubsky in Ennis court on Tuesday for appeal

national | anti-war / imperialism | press release

Monday October 04, 2004 13:35

by Eoin Dubsky

087 6941060

Eoin Dubsky (24) will have another chance to make his case for spray-painting an American warplane at Shannon Airport in September 2002 when his appeal is heard before Judge Keys in Ennis courthouse on Tuesday, October 5th. Clare District Judge, J Mangan found him guilty of the charge of criminal damage last February, three months after his trial in Tulla District Court, where Dubsky's solicitor Paul O'Shea had mounted a robust defence of the action under Irish law and international law.

Travelling from his parent's home today in north Co. Wexford Dubsky said:
"Aircraft under U.S. military command continue to pass through Shannon Airport daily. No doubt they're carrying the stuff of Bush's so-called 'war on terrorism': weapons and explosives awaiting their fate in Iraq's defiant towns and neighbourhoods, 'terrorist suspects' awaiting their fate at the hands of CIA torturers, and all the rest."

Dubsky never contested that he had entered Shannon Airport the night of September 4th 2002 to spray the windows of, and write peace slogans on, a U.S. Air Force HC-130P "Hercules" in the centre of the airfield. Indeed he phoned the airport authorities when he was done and waited calmly for them to collect him.

He argues that the defense of necessity in the Criminal Damage Act and in international law permitted him to damage the warplane to help protect lives at risk from the United States in Iraq and Afghanistan.

###

NOTES:

Eoin Dubsky also began a judicial review in the High Court on 13 September 2002, concerning the legality of Irish Government permissions to allow U.S. military flights related to the war in Afghanistan pass through Ireland. The case is on the List for Fixed Dates and may be heard this autumn.

J Morgan handed down the following sentence when he found Dubsky guilty on February 13, 2003: 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 banned from Co. Clare

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Comments (14 of 14)

I hope

by avi15

Mon Oct 04, 2004 13:45

he enjoys his time at Steeles Terrace. I recommend the Copper Jug just opposite the courthouse.

Is there any time set for his appearance?

by Akrasia

Mon Oct 04, 2004 16:34

When should supporters turn up?

Dubsky in Ennis Court at 10.30

by Miriam Lohan

Mon Oct 04, 2004 17:26

10.30am, Tuesday October 5th. (I just rang the number at the top for more info.) Hope lots of you can be there.

court case

by Big Bang

Mon Oct 04, 2004 21:37

I wish him lots of justice!

Judgement: guilty

by I was there

Tue Oct 05, 2004 22:52

Judge O'Donnell found Eoin guilty. Same Order as Mangan made (1,000 EUR fine, Clare ban, etc.). Said threat must be immediate, certainly not outside the state (e.g. Iraq or Afghanistan). Quoted passage from 1991 Act which was changed in 1997 to remove the immediacy clause -- ignored. Said Eoin's action was just politics, wasn't linked to protecting anyone's life anyway. Then he went on to explain though that he's not againts civil disobedience in undemocratic countries (sure, a symbolic 'die-in' might indeed turn into a real 'die-in', but whatever).

EOIN, I FIND YOU GUILTY !

by Tommy Donnellan - Galway Alliance Againce War/Galway Mary Kelly Support Group

Wed Oct 06, 2004 02:14

tommyjoe at eircom dot net

of 'CHUTZPAH,' - jaysus, to daub your anti-war outrage/message on the yankee death machine and then to phone Shannon warport security to arrest/detain you, shit, that's serious class - a la Wellington, don't know your effect on the enemy, but, for sure, you impress the hell out of me.

Justice

by Shannon Worker

Wed Oct 06, 2004 10:20

Eoin i am delighted to see that you finally got what was coming to you, i am delighted with yesterdays verdict !

a.k.a Shannon Worker, a.k.a John Smith

by Lone Gunman

Wed Oct 06, 2004 11:10

there ya go you pinky commie left wing al keeder luvving hippie.

that'll teach you to stop interfering when the emperor decides to kill people.

Git with the program Dubsky... shut your eyes, shut your mind just like the rest of us trolls.

Why?

by Justin Morahan - Peace People

Wed Oct 06, 2004 11:22

Thanks to "I was there" for court report.

Why did the judge ignore the removal of the immediacy clause?

Was he challenged by the defence? Is there another day in court for this?

If I understand what you said correctly, it's important to fight this decision.

Thanks, Eoin, for being the first of a fairly short list of non-violent activists to engage in time-honoured civil disobedience that tried to shout STOP to what happened in Iraq with its predicted trail of carnage that continues till today.

To Shannon worker, if you are really a worker in Shannon you should be glad at any action that tried to change the airport from warport back to civilian airport. Why gloat over the sentencing of a non-violent activist - are you saying that as a worker in Shannon you wanted this country to support the illegal war by using your work to bring death to children in Iraq. Were you happy that your own life was put in danger for George Bush's sake and Dick Cheney (who ducked the question about his involvement with Halliburton in last night's debate?)
Could you give us your reasons why you, as a Shannon worker, are happy with this verdict?
Please also don't confuse what happens in court with "justice" which is itself a noble concept.
What happens in court is seldom justice, rather an arbitrary fix of a problem, usually to the advantage of the State, having all the trappings of tragi-comic drama, with overloaded solicitors
unable and sometimes unwilling to take on the judges with whom they will be pleading for years to come.

Sometimes, the courts are a farce.

I hope this case will not die at this point.. Good luck Eoin and thanks again for standing up to real criminal behaviour, for which there are no courts to prosecute.

ruri

by Ruri Troll

Wed Oct 06, 2004 15:20

The Courts
by Ruri Wednesday, Oct 6 2004, 11:13am

"What the guy did was stupid, very stupid, and he's gotten away lightly. "

Tell that to the Iraqis who were bombed indiscriminately. RTE showed it last night.
F-16 pilot bombs a crowd of people without knowing who they are. "hey, there's some people down there can I taken em out?"

The plane Dubsky sprayed was a mid-air refueling aircraft, you know to refuel F-16s and the like in mid-air... the only people who got away lightly are the politicians.

"As for the Courts, it's the apparatus we have for justice, you have to have one"

We don't have to have a bad court system.
What type of Court ignores the law?
Ignoring legal precendent just to suit political ends is not a system of justice. It's a system of keeping order.

" and I don't think that criticising the state works"

That's obvious... You're a sad troll.

Playing with Fire Playin with the courts

by Archbishop Hynes

Wed Oct 06, 2004 15:30

When we play with fire we get fingers burn't! Play with the law and the pocket can get Burn't. It is hard to beat the system. Dubsky you would be better to have played the system rather than fight it. The above is a form of gambling and I believe that gambling does not pay with this type of hurdle.

High Court update

Thu Dec 16, 2004 10:10

JUDICIAL REVIEW LIST TO FIX DATES
IN COURT 14
MR JUSTICE QUIRKE
AT 10.45 O’CLOCK

DUBSKY -V- GOVERNMENT OF IRELAND & ORS

Here we go... My case is No. 4 on the list, so unless something goes terribly wrong I should have a date for hearing of my high court case against the government. This case is about the US military flights which passed through Ireland during the war in Afghanistan.

Best of luck, Eoin

Thu Dec 16, 2004 14:05

I hope your courage will be rewarded with a great victory.

Thanks Justin!

Thu Dec 16, 2004 22:46

I'll post a press release on Indymedia tomorrow (Friday) once I've heard back from my lawyers about court today.

The most likely victory - some victory - in this case would mean that the next time the government want to participate in an American war they'll need to have all their paperwork in order, including the rubber stamp from Dail Eireann.

There is still no vote in Dail Eireann on the record authorising US military overflights and refueling for the Afghanistan war. The government were also very sloppy about keeping a papertrail for the foreign military flights which they allowed pass through Ireland.

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Dubsky in Ennis court on Tuesday for appeal

Comments (14 of 14)