An application by Shell-to-Sea protesters for Judge Mary Devins to disqualify herself from hearing their cases was refused by the judge at Belmullet District Court on Wednesday.
Niall Harnett, Barr na Coille, Pullathomas, made an application for Judge Mary Devins to disqualify herself from hearing his case relating to an incident which occurred at Glengad on August 30. Harnett’s application, which was read out in court said his reason for wanting the judge to disqualify herself was that “she is the wife of a minister whose policy and stance on Shell Corrib Gas project” is what the defendant is actively involved in opposing. Harnett added that “as a lay litigant” Judge Devins penalises him “at every opportunity” rather then a “fair administration of justice”.
The application continued: “You say dishonesty is not tolerated in court yet your own dishonesty in selectively choosing to avoid applying fairness to me is plainly obvious to any reasonable observer.”
Harnett concluded by saying that he felt the judge showed “ill will towards me” and that the lack of “impartiality in court has relegated you to a judge of no good standing in this community”.
Following the reading of the application a round of applause from protesters broke out in court.
Eoin O'Leidhin, Barr na Coilleadh, Pullathomas, also read out an application which said that: “What I have witnessed in the court of Judge Mary Devins over the past two years [tells me] I will not receive an impartial trial.” Solictor Alan Gannon, acting on behalf of defendant Pat O’Donnell, also put forward a similiar application.
Judge Devins said that she refused to disqualify herself from the cases and said: “My impartiality is evident” in the analysis of all the cases, which involve Shell to Sea defendants, by an “impartial, interested person”. Judge Devins added that “my impartiality would never have been considered by those who have a colourful agenda,” and said that the majority of cases involving protesters have been dismissed or struck out and that decision of the District Court are also subject to appeal.
Later during proceedings Judge Devins described the “viciousness of attack” as “unprecedented”, “unwarranted”, and “untrue”.
A date was fixed to hear the cases on May 18 2009.
