Niall Harnett Released on Bail from Custody after 15 Days at Castlerea Prison.

mayo | environment | feature

Monday August 17, 2009 20:20

by Carol Weafer - Rossport Solidarity Camp

rossportsolidaritycamp at gmail dot com

Niall with supporters leaving Cloverhill Prison

Niall Harnett has been released from custody following confusing circumstances involving a temporary release of sorts last Friday 14th and a withdrawn 'mute' application at the High Court in Cloverhill today Monday 17th August.

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Niall was given what he thought was a 'temporary or technical weekend release' on Friday last at Castlerea, pending his court appearance this morning.

“Apologies to everyone for not declaring that I was given what can only be described as a 'technical' release last Friday, but I was confused as to what to do over the weekend and thought it better just to lie low and hook up with Carol to see how she was getting on. But it's great to be out now, in any case”, said Niall

Here's Niall's account of how it all happened.

“At approximately 3pm on Friday 14th August I was in my cell when a prison officer told me “to pack up your stuff, you're going”. “Where am I going?” I asked. “I don't know”, he said, “I've just been told to tell you that”. I wondered was I going to another prison. About 10 minutes later another officer arrived at my cell to collect me. I asked him where I was going and he said that he had been told that I was out on bail. I asked him how that happened or had there been an early court or suchlike. He said he didn't know, he was just told to bring me to reception and the governor was waiting to see me.”

I was brought to 'Reception' where I was asked to return my 'prison issue kit and clothes'. My own clothes and property were returned to me. I asked the officers at reception did they know how I was getting out, but they didn't. They just said that the governor was waiting for me in the Administration Office.

I was brought to the Administration Office where a friend appeared to be waiting to collect me. He seemed as surprised to see me as I was to see him. The governor was busy with someone else and I spoke to my friend. I asked him what was happening and he told me that he had come in to pay the financial surety required to initiate the appeal of my convictions, following his 'approval' as an independent surety at Castlebar District Court on Wed 5th Aug 2009. I asked him did he know anything about me being out on bail, and he said he didn't.

Then I spoke to two senior prison officers who told me that they presumed that I wanted to get out on bail given that my friend had come in to pay the money as a pre-requisite to bail and my appeal. I asked them had there been any change to the bail conditions and they said no. They said that I would still need to sign my agreement to the conditions in order to be released that day.

I told the officers that I really had no choice but to reject the conditions again and go back to my cell but that I was reluctant to do that as I felt caught between a rock and a hard place, given that I was mentally prepared to leave now and all packed and ready to go with a lift waiting for me outside. Going through the process of readmission to the prison at reception is also a process that I did not fancy going through again as it had taken me nearly 2 weeks to get any of my own clothes and personal stuff into my possession after having been stripped of everything of my own on my previous admission. I assumed that the same process would begin all over again.

The officers told me I had 2 options.

1) I could reject the conditions, remain in custody, and they would ensure that I got to court for Monday 17th,
or
2) I could sign the conditions (for the weekend!?!), explain the position to the judge, fight the bail conditions on Monday, and in the event of failure in the court I could reject the conditions at that point again, and return to the prison on Monday eve.

I thought about it for a few moments and thought that if I signed the conditions at this point, then it would give me the opportunity to return for the weekend to see my girlfriend Carol at the Rossport Solidarity Camp and find out how she was coping with a view to helping me make my mind up as to what I wanted to do in court on Monday. It would also afford me the opportunity to get some legal advice before Monday etc.

So, rightly or wrongly, I chose to sign the bail conditions temporarily and I was released from custody at Castlerea at approximately 4.30pm on Friday 14th August 2009. I returned to the camp at Glengad at about 7pm and spent the weekend with Carol and my friends at the camp. Please forgive me for not telling people that I was out. I wanted just to keep a low profile for the weekend, just to avoid any fuss or confusion about my release circumstances etc, as I was unclear and confused as to what was happening and what to do pending court today.

I emailed my lawyers over the weekend, explained what happened and met them today, an hour before court at Cloverhill. They told me this morning that, in a nutshell, because I had signed my release and bail conditions, (however temporarily, after misinformation from the prison officers), the matter was no longer a 'live issue' for today's court to determine as I was no longer in custody. The relevance of today's court was in relation to people's liberty and because I was actually at liberty AND had signed the conditions then this was a 'mute' issue for this court and a matter now for the Circuit Court and I must take my application to remove the conditions, to that court, at a later date. Today's application was withdrawn from the High Court and I remain at liberty.

So the effect of all this is that, due to whatever confusion, or however I was misinformed by the prison officers, and however reluctantly ... I have signed the bail conditions fixed at Belmullet the day I was convicted, and I have to live with that for now until I get a date in the circuit court to continue to try and reverse them.

So that's how it happened. Quite confusing and unresolved in my own mind even, after it all. In hindsight I might have done things differently. Sorry again for not saying all this to people over the weekend and for not informing the Indymedia editors, but please understand it's been an awkward and difficult situation to be in and in my own mind, at least, I did not yet feel completely at liberty.

Thank you so much to everyone for all your support while I was in jail. Letters and cards started to arrive at my cell a few days after my imprisonment and lifted me no end. I really appreciate every little thing from the briefest note to every big thing like demos and stalls etc. I am no hero or anything like it and thankfully I was right in that I do not fit the bill of the Shell to Sea martyr etc. What compels people to come and come again to the camp, to persist with the Shell to Sea aims, is what compels and inspires me to press on also. Shell to Sea is a fight for community, environment and the sustainable and proper management of OUR natural resources.

'When wrong becomes right, it's our duty to fight'.

Jail is doable and manageable. I suppose the most difficult thing about it is the time. Doin' time. 8 months is a long time, but all things are relative, and I've met others doing, 3, 5, 8, 10 and 15 years etc. There's a lot of hard men in jail and it feels intimidating, especially in the first few days, but you get to know people quickly and become settled.

Again, thanks for all the letters and the cards and the pictures and the photos. These are the food of life in jail.

So I'll leave it at that for the moment friends. Thanks again all. Stay focused. We fight on.”

Niall.