Jail and driving disqualification for Shell to Sea protestor

Retired schoolteacher and leading Shell to Sea campaigner Maura Harrington received her fourth jail sentence this year when she was sentenced to three months in jail for assault and trespassing—at Belmullet District Court on Wednesday. This sentence came a day after a two-year driving disqualification was imposed on her at a Ballina District Court sitting.

The dangerous driving case, which was heard in May of this year, related to two dangerous driving charges following an incident in which Harrington pursued a white transit van carrying 16 IRMS security workers who are employed on Shell’s Glengad site through the townlands of Annaghmore and Ballinglen, Ballycastle on July 3 2008.

Judge Mary Devins said that there was sufficient evidence to convict, but before Judge Devins convicted Harrington, the defendant took the stand in mitigation to say that she acted in such a manner under Article 9.3 of the Constitution in order to find out the facts for herself about who the people on the bus were “in the absence of the willingness of An Garda Siochana to do so”. Harrington also wanted to draw attention of the gardaí to the fact that the van had no driving documentation displayed either. Harrington also told the court that she is the sole driver in her home as her husband has not driven since July 2008 after he was injured in an incident in a garda station.

Judge Devins told Harrington that “even if you have strong beliefs” you cannot break the law and put other people’s lives in danger, before she convicted and fined her €500 and disqualified her from driving for two years. The second dangerous driving charge was taken into consideration. Recognisances were fixed.

At Wednesday’s Belmullet Court sitting, Harrington was sentenced to three months in prison after she was convicted of assaulting Bogdan Wasniak, an IRMS security guard, and for entering the Glengad site in an attempt to an commit an offence on June 19 2008.

This case, which was heard earlier this year, and outlined how at 12.50am, Harrington climbed over the gate of the private property, went into the security cabin where she removed a log book and threw it away, and tried to remove a camera from one of the security men who was filming the incident before, according to Mr Bogdan Wasniak, “she kicked me in the groin”. The two other witnesses also told the court that they saw Harrington kick the man.

Judge Devins said that in Harrington’s own evidence she stated that she had intended to enter the security building to look at the property, “an act which she had absolutely no authority” to do, and the judge added that Mr Wasniak “was quite clearly assaulted”.

The judge said that the “prosecution proved its case beyond reasonable doubt” and stated that in view of the general history she would record a conviction and adjourn the matter for sentencing if Harrington agreed to strict undertakings. However defending solicitor Alan Gannon told the judge that Harrington would not agree to any conditions which specifically related to Shell. The defendant was therefore convicted and fined €500 and sentenced to three months in jail for assault. For the trespassing charge Harrington was convicted and fined €500 and sentenced to three months in jail to run concurrently. Recognisances were fixed. Harrington was led away from the courtroom to rapturous applause from her supporters and was brought to Mountjoy prison.

 

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