Trial # 3 - October 2004

(Detective John Geoghegan, who was in charge of the plane's protection that night, testifying in Ennis Circuit Court today)

Detective Geoghegan told the court that at 4.57am on the night of January 29, 2003, he noticed a blue jacket on the ground in close proximity to the plane and on closer inspection noticed 15 to 16 gashes on the nose of the plane - prior to the moment Mary stepped from behind the wheel to make her debut in the limelight of our collective conscienceness and morality, Encore!, Encore!.

Another state witness,a Mr Liddy, was questioned by Mary on the safeness of parking the war plane in question, 220 metres (on stand 22) from the Terminal building, possibly, having a cargo of napalm and depleted uranium on board and the capability of the airport staff in handling a possible disaster with such material, replied, that he did not think they were able to do so and doubted whether this was an issue with them, the workers. Liddy, probed further, didn't know whether American Hercules transport planes were passing through the airport or, if so, whether they carried explosives.

After Garda Neil Camp's evidence, the next state witness was the pilot of the war plane, Commander John Schneider, who politely refused to answer Mary's question on the specific operation he was engaged in at the time, explaining, that he was not at liberty to discuss any operation of the U.S military. Schneider was discombobulated by our heroine's close questioning, asking the judge, at one point, whether it was Mary Kelly or himself that was on trial. The next state witness was Lt. Commander Kurt Schaedal, who gave details of the damage inflicted on the U.S Navy plane and the repair costs - a million and a half Euro. Under cross-examination from Mary, the afore-mentioned Detective Geoghegan was asked whether he had ever protected an Aer Lingus plane, he confirmed that he had never done so. The gravitas of the previous two days was shattered and the court rollicked with laughter when the next state witness, Garda Liam Reilly, was reminded by Mary of the flowers she had sent him as a token of her appreciation for the humaneness that he had treated her with.

The final state witness was Garda Superintendent Kerins who admitted that 13 or 14 people had made complaints regarding the use of Shannon airport by the U.S military, 3 or 4 specifically complaining of a breach of the UN Charter and that these complaints were investigated by him "to a degree" and that he was satisfied there was no evidence of a crime associated with any of them, further, he had recorded these complaints in various files over the years in his office and when asked by Mary whether she could inspect them, replied that the Gardai do not provide documents or evidence from files for "public scrutiny," Supt. Kerins was then reminded that a registered letter was sent to him by her to bring them to court as she had a right to see them. Mary finally asked him, on whether he would investigate an illegal consignment of guns that were being shipped through Shannon airport to Belfast (airport) and he assured her that if this were the case, he would do so. The re-trial resumes tomorrow.

On resumption, in her opening statement, Mary told the 8 men and 4 women of the jury, that contrary to what they had heard from the prosecution counsel, Mr Stephen Coughlan, she had not chosen to lead her own defence but was left with no alternative when abandoned by her legal team at her first re-trial in June this year. Beginning her defence, Mary took the option of calling herself as a witness and gave details of her background; born in Athlone, County Westmeath, she brought her family to live in Columbia, South America, for some years before returning to Galway in 1997 to a very different Ireland from the one she left and with a new perspective on the Western World. she went on to tell the court that she has been deeply disturbed and outraged by war since childhood and she began demonstrating her cause in 1997.

Judge Moran, then, as is his wont, repeatedly intervened, asking her to get to the point and to the events of January 29th, 2003, Mary's rejoined, that the act of damaging the plane was an extraordinary one and it would take some time to explain her reasons for doing so. Under cross-examination from the state counsel, she insisted that the U.S warplane had no business at Shannon airport and its presence there was unlawful despite trial evidence to the contrary, when reminded that the prosecution had already "proved" the legality of the planes presence, she retorted, "Something very rotten is going on in this state, if the presence of U.S military planes is lawful at Shannon."

Insisting that she damaged the plane to protect innocent Iraqi civilians, she questioned the credibility of the U.S Navy pilot, Cdr John Schneider, who told the court yesterday, his plane was carrying a cargo of tyres and spare parts en route to Sicily, when asked, if she thought her actions were wrong, Mary replied; "I would not be here if I thought what I did was wrong, I damaged a plane which would drop bombs on children".

Mary back in her role of defending counsel, called her first witness, the retired Irish army officer and decorated UN Peacekeeper, Edward Horgan, her questioning of him on the nature of the US logistics system was halted by Moran who declared Cmdt Horgan's evidence irrelevant.

Her second witness's evidence - Denis Halliday, the UN Assistant Secretary General, who resigned from his post some years back, in disgust, at the genocidal UN, 'Food for Oil' program he was asked to implement in Iraq - was heard, at the insistence of Judge Moran, in the abscence of the jury and then he ruled it as "inadmissable." Denis had travelled from New York to testify.

Mary's third witness was the Limerick based anti-war activist, Mr Tim Hourigan, an aviation expert and plane spotter, Judge Moran gave Mary leave in the abscence of the jury, to ask specific questions concerning the aircraft that she disarmed, Tim told the court how he had identified the 'City of Dallas' to Mary as a U.S Navy airforce logistics plane, although he did not witness or accompany her as she crossed the boundary fence and proceeded to damage it with an axe. The jury back, yet again, Judge Moran terminated Mary's questioning and interrogated Tim himself. Finally, Judge Carroll Moran summarised Mary's defence, "as he understood it," and ruled it inadmissable in law.

THE CASE RESUMES NEXT TUESDAY, OCTOBER 26TH AT 2PM.

He gave the example of damaging the knife of a potential attacker brandishing such an implement and went on to inform her that the war in Iraq and the presence of a US military plane did not impose an immediate threat to her or other persons when she damaged the U.S.A.F. navy plane.

Mary, throughout this specious spiel, and throughout the course of her trial continuously protested, reiterating that she acted to prevent crime and save Iraqi lives.

Proceedings were delayed for much of today's sitting due to legal issues raised in the abscence of the jury.

THE CASE RESUMES TOMORROW MORNING AT 11 '0 CLOCK.

"NORTHERN IRELAND WAS NEVER BOMBED"

(Tim Hourigan, under cross-examination, today, by the prosecution)

Under cross-examination by the state, defence witness, Tim Hourigan, a plane-spotter at Shannon, told the court that he uses cameras, binoculars and night-vision equipment to monitor US military activity at Shannon airport and it was he who told Mary the nature of the US, City of Dallas, military plane, while he agreed, that it could not drop bombs, it could deliver such cargo. When asked, if he was involved in or condoned Mary's action, he said, "No, I only wish, I was brave enough to do the same".

Prosecution : But Mr Hourigan,can you see bomb bay doors on this aircraft?. Can it drop bombs?.

Tim : It can carry bombs to people who want to drop them, but it cannot drop them directly.

Prosecution : It is NOT a bomber.

Tim : There is a difference between the legal definition and what the military call a bomber aircraft, if a bomb must be dropped, then Northern Ireland was never bombed.

Evidence for the defence from Dr. Ray Murphy, a lecturer in International Law at National University of Ireland, Galway, was disallowed, when Mary questioned him on the background to the war in Iraq, an issue, on which Judge Carroll Moran has repeatedly ruled irrelevant to this case.

Barry O' Donovan, a former civil aviation engineer, gave the court what he described as ball-park figures for the damage caused to the City of Dallas plane, following his limited examination from a distance. He told the court that the total repair cost would not amount to more than $150,000, based on his own experience and, not $1.5m as stated by the US Navy. Under cross-examination, Mr. O' Donovan, admitted his figures were something of a guess-estimate, when it was suggested to him that the evidence of US Navy Commander, Kurt Schaedal, was more reliable.

The case resumes tomorrow morning, when the jury will hear closing statements from both sides, before retiring to consider their verdicts.

(Mary's final words to the jury)

Addressing the jury, counsel for the Director of/for Public Prosecutions, Mr Stephen Coughlan, told the jury, that the events of January 29th, 2003,had never been disputed. He told them; "We have it, as fact, that Ms Kelly went to Stand 22 and damaged the plane, even if she believed the plane would drop bombs on Iraq and her beliefs were held honestly, 'two wrongs don't make a right'". He went on to say; "You cannot take the law into your own hands and while people have the right to protest, responsible Irish people do not go around damaging other peoples property, Ms Kelly's acts were nothing less than vigilantism".

In her closing address to the jury, Mary told them; she damaged the US war plane as a direct result of threats made by the US government to the Iraqi people. "The fact that I damaged the US plane is true" she said, "The facts you must decide on, are different". Mary went on to tell the jury that her defence had been severely restricted, when evidence and witnesses such as Denis Halliday, Daniel Ellsberg and Ramsey Clarke were never heard and, when International Law was ruled irrelevant. She further asked the jury to think about her action and beliefs and "What would they do in her shoes".

During her impassioned plea, Mary said that "She took full responsibility for damaging the US plane" and that she "Had to do something to stop the daily slaughter in Iraq, do you think that it's 'irrelevant' that I acted to save lives," she asked. Finishing, she said that the consequences of war were too real and that she was already in contact with the family of kidnapped aid-worker, Margaret Hassan. "I want peace," she stated and "I ask you to find me 'not guilty'".

Following instruction from Judge Moran that the war in Iraq and the US military use of Shannon airport are not "relevant issues in her case," the jury retired to consider their verdict.

AT THE TIME OF THIS POSTING, THE JURY HAS BEEN DELIBERATING FOR ALMOST TWO HOURS NOW, RETURNING ONCE TO SEEK CLARIFICATION ON THE ISSUE OF "LAWFUL EXCUSE", AS A VERDICT MAY BE DELIVERED THIS EVENING, I'LL UPDATE, AS SOON AS THE NEWS COMES IN.

BAD, BAD TIDINGS; After some three and a half hours deliberation, by a 10 to 2 majority, the jury has found Mary

GUILTY

Sentencing is set for tomorrow morning

Mary Kelly gave this statement at the Courthouse steps, 18:40pm on 28th Oct

I am saddened by the verdict given, but not surprised. I did my very best, with the assistance of my supporters and family members, to show the jury the full and true facts of this case. My defence was hindered and closed down from the beginning by the trial judge. Under the circumstances, the jury could hardly have found the truth of the matter regarding my innocence or guilt. They are not to blame for this - the case will go to appeal and the final verdict has not yet been spoken.

Sentencing - 1st Dec 2004 at Limerick Circuit Court

The case was summed up by some guy mumbling (filling in for Coughlan) for the State, he finally requested 1 year imprisonment and a fine of €19,000. Det Sgt Mick Neville appeared as the sole state witness. In cross-examination by Mr. Gageby he accepted that Ms. Kelly was a person of impeccable character and had no previous convictions.

2 Character witnesses were then called by the defence:

Catherine Kennedy-Arnold - The owner of the 'Nurse on Call' agency - She said that Mary was much appreciated by any homes or hospitals she was sent to in her work as a nurse, that they always asked specifically for her to come back, and that she would happily be employing her further.

Sr. Majella McCarron - A missionary nun who worked in Nigeria for 30 years with the Ogoni people in their struggle against Shell Oil - She said that Mary 'belongs to that group of people who care passionately about the world', that she lives a very civil and moderate lifestyle but is a person of tremendous courage who works to help the homeless and people who are threatened or marginalised in society.

Mr. Gageby, S.C. appearing for the defendant, in the plea of mitigation then said that Mary had done an act of civil disobedience out of the most upright motives, that she has a long and distinguished record of commitment to useful causes, all underpinned by a non-violent philosophy. That there is no precedent for sentencing such a case in Ireland. He reminded the judge of several dubious rulings made during the case (hinting that an appeal has some outlook of success) and asked for a deferment of any sentence - he did not offer any specific suggestions as to what form the sentence might take.

Judge Carroll Moran accepted the fine character of the defendant and the sincerity of her beliefs but said she had caused substantial damage, that judges must act to prevent 'social anarchy', to stop people taking the law into their own hands for ideological reasons, it was however an exceptional act which hopefully will not be repeated, therefore:

2 years imprisonment, suspended over 4 years

(NB: 'suspended' means the sentence is not actually executed, so long as the conditions stipulated are observed)

After a few minutes consultation with her solicitor, Mr Greg O'Neill, Mary accepted the sentence - as the deal was sealed thunderous applause broke out from the packed public gallery, and Mary Kelly had to fight her way through a boisterous sea of hugs and congratulations to get out for some free, fresh air.

Then the real whooping started!!

Mary says a great "Thank You" for all the massive support at home and abroad which has helped achieve this result - a good start has been made - hopefully the appeal will succeed and this conviction will be overturned. In any case, as we all know, the murderous onslaught by the US military through Shannon is continuing daily, war crimes piling up in the face of the world, as the photos from Fallujah show. So this is no time to rest easy, a lot of work remains to be done to grind the war criminal's machine to a halt and bring the perpetrators and their local hench-men to international justice.