The fate of five Co Mayo people, who are in jail for breach of court orders preventing obstruction of the installation of a high-pressure gas pipeline in Co Mayo, lies "in their own hands", the President of the High Court has said.
It was up to the five to purge their contempt, Mr Justice Joseph Finnegan said.
The five men were jailed on June 29th last after refusing to undertake not to obstruct the construction of a pipeline at Rossport, linked to the offshore Corrib gas field.
They were not in court yesterday when related proceedings were mentioned before Mr Justice Finnegan. These proceedings, brought by two other persons, are aimed at discharging the judge's order of April 4th restraining interference with installation of the pipeline.
However, the five were legally represented by both counsel and a solicitor - John Rogers SC and Padraic Ferry. Mr Rogers said he was present yesterday in the role of a watching brief. When the five were before the judge last week, they had represented themselves.
Yesterday, when adjourning the related proceedings to next week, the judge said the fate of the five men was in their own hands and it was up to them to purge their contempt.
He added that if the order in the related proceedings was discharged, it did not automatically follow that those in prison would be released. That should be made clear to them, he said.
Patrick Hanratty SC, for Shell E&P Ireland Ltd, said his side was pleased to see counsel and a solicitor on record for the five people. He added his side would enthusiastically pursue any possibilities that that may open up.
Several politicians and supporters of the protesters were in court when the case came up yesterday.
Last Friday, Greg Casey, solicitor, said he believed the ministerial consents for the installation of the pipeline were invalid and in those circumstances, he asked for leave to make an application to discharge an order of April 4th last relating to the pipeline obstruction.
Mr Casey, who was the solicitor acting for two persons (not the five in jail) in connection with the April order, said it referred to the installation of the pipeline and the nature of the material to be pushed through the pipe.
He added that he had learned last week that what had been represented as a consent for the installation of a pipeline was "grossly incorrect." Mr Casey said he had learned of this after he heard the Minister for Communications, Marine and Natural Resources, Noel Dempsey, tell the Dáil what consents he had granted.
Mr Hanratty said it was "absolutely incorrect" to say there was no ministerial consent for installation of the pipeline and said there was a "phased consent" programme in being.
On Friday, the judge adjourned Mr Casey's motion until yesterday with a view to procuring an early hearing date.
When the matter was mentioned yesterday, Peter Bland, for the two defendants, said Mr Casey could not be in court as he was ill. Counsel said he was seeking time.
Mr Hanratty said Mr Casey had repeated to various media his claims that there was no valid consents for the pipeline and Shell was strongly disputing that claim. Shell had exhibited the various consents to the court on a previous occasion and was anxious the matter be heard as soon as possible.
The judge said Mr Casey's motion, which he would expect to be specific and deal with the matters raised by him, could be adjourned until next week. He made the motion returnable to Monday next.