Wallace, Daly face jail as they refuse to pay court fines
TDs Mick Wallace and Clare Daly found guilty of breaching Shannon airport rules
Shannon Watch file handout photograph of TD’s Mick Wallace and Clare Daly during their alleged attempt to search two planes believed to be used by the US military at Shannon Airport. Photograph: Edward Horgan/Shannon Watch/PA Wire
Independent TDs, Mick Wallace and Clare Daly face the prospect of going to jail after both deputies declared that they will not pay €4,000 in fines imposed on them by a judge.
At Ennis District Court, Judge Patrick Durcan found the two guilty of breaching airport regulations when entering a restricted area at Shannon airport on July 22nd last and fined them each €2,000.
Judge Durcan has given the two three months to pay and 30 days in prison if the fines aren’t paid.
However, speaking after the case on the steps of Ennis courthouse, Mr Wallace declared to reporters and supporters: “I wouldn’t pay that fine to save my life.”
Ms Daly agreed, telling reporters “we have no intention of paying a financial contribution to a State which allows this behaviour to continue (at Shannon)”.
Ms Daly also confirmed that no appeal will be lodged against the conviction.
“We don’t feel that we did anything wrong and we won’t engage any further”.
She added that the court “is not an arena where the argument can be made any further so no, we won’t (be appealing)”.
The rope ladder used by the two to scale the fence is still in the possession of the gardaí at Shannon and during the two day hearing, Mr Wallace asked for its return.
Asked yesterday had he sought the return of the rope ladder, Mr Wallace said: “I’m working on it.”
Convicting the two earlier in court, Judge Durcan said that the role “of this court is not that deemed assumed by the Skibbereen Eagle in a past century”.
The now defunct Skibbereen Eagle is best known for a 1898 editorial where it warned that it would keep its eye on the Emperor of Russia.
J“It is not proper that this court is used as a battlefield by protagonists who should pursue issues raised in another forum,” said the judge.
He said the constitution guarantees citizens the right to assemble and a right to protest but the exercise of that right is not unfettered. The airport bye-laws of 1994 are a proportionate response by the State and he said that he was satisfied that Deputy Wallace and Deputy Daly had breached the regulations, he said.
Asked by Judge Durcan to comment on his own circumstances in relation to penalty, Mr Wallace replied from the body of the court: “In relation to whatever penalty you impose, I would remind you of the Nuremburg principle – that irrespective that you have found us in breach, we felt an obligation to highlight the fact that arms and munitions go through Shannon.”
However, Judge Durcan interrupted and pointed out that “you and I have been through this case for two days. In relation to penalty, now please, there are other cases waiting”.
In reply, Mr Wallace said: “I have no intention of talking all day,” and in response, the judge said: “I am not going to let you. You can talk outside court all day if you like.”
In reply, Mr Wallace resumed his address and said that the Irish Government has contributed towards the militarisation of the planet by facilitating the bringing of arms and munitions through Shannon.
Mr Wallace told the judge: “If you think for thinking the truth and standing up for what we believe in – if you think we should be put in jail for that, I disagree.”
Speaking outside court and joined by supporters including Dr Ed Horgan and Margaretta D’Arcy, Mr Wallace said that he was “disappointed” with the outcome.
“We made very strong arguments that we didn’t go in to Shannon airport to break peace, we went in there to make the peace.”
Speaking to reporters, Ms Daly said that Judge Durcan accepted without qualification the knowledge and expertise of witnesses that they furnished to the court.
“Let’s remember what those witnesses said: they said categorically that weapons and ammunition were on board US aircraft in clear breach of the conditions that were outlined.”
She added: “That information was not challenged by the State where we live in a hypocritical society which allows that to continue and penalises those who try to do something about it.”