Hypocrisy - LCC contemptuously use the High Court to bludgeon activists

national | crime and justice | news report Thursday June 22, 2006 20:22 by Elaine and Seán Ryan

Pallaskenry residents were up in court again today as Limerick County Council once and for all proved that this is not about law, but about intimidation and depletion of financial resources.

Orla Kaiser and the Bleach Lough protesters were forced to make the long and expensive trip from Limerick to Dublin again today. The activists found themselves in Court 13 and in front of the same judge that once jailed Joe Higgins and Claire Daly.

Todays appearence was due to Limerick County Council chickening-out from seeing their own injunction enforced, as it was ignored by Orla last week - they had the case adjourned until today.
A Fiasco, a Farce and Two Major Scandals - http://indymedia.ie/article/76780

The judge enquired as to which defendants were present and as to whether any had representation. Thomas Clarke who is a sprightly 70 was unable to attend due to the strain LCC have placed him under. Patrick Culhane's name was called, but the Court was informed that he was not party to the application. Donal O'Brien was not present due to health problems (We hear Donal was released from hospital yesterday - Great news!!), he'd sent an affidavit, to be read by Kenneth McCarthy, but the judge refused to hear it. Michael Ryan's name was called next, he stood and told the judge he was representing himself. Jackie Condon was next and represented herself also. Ronnie Dawson was called, but his father William Dawson informed the Court that his son's name was wrongly entered onto the summons. The judge asked was it William's name that should have been on the summons. William replied in the afirmative. The judge ammended the summons accordingly. Breda Garvey called next, told the judge that she too was representing herself. Orla making her second defiant appearance told the judge that she was again representing herself.

The axeman (legal rep for LCC) gave a brief, muddled and inaccurate history of the dispute. He finished by telling the Court that Cro-Bar Construction had been brought in (in total ignorance of procurement law) to lay the pipeline and that the injunction had been sought to prevent activists intefering with these (unlawfully employed) contractors.

He then went on to lament that no engagement between the two sides had occured, that no resolution had been explored, and that LCC were "loathe to upset that delicate balance." And asked for the case to be adjourned until the 6th of July.

The judge next asked, "What precisely is before me?"

An interlocutory injunction and a committal order against Orla Kaiser, was the response.

The judge then asked the activists, "what do you say to that?" meaning the adjournment.

They replied:

Michael Ryan: - "No your honour, I don't see any sense in that proposal, no." Michael and Breda Garvey however, agreed to abide by the terms of the injunction.

Orla: - "Your honour I see the sense in that proposal, but I see it from the community perspective. This has been an ongoing problem for the last 15 years and it is my second appearance with regard to committal." But she then informed the judge that she too thought the proposal to adjourn a bad one. "I don't see why it should be adjourned until the 6th of July."

The Judge reminded Orla that there was a motion to commit her, before the Court. And asked if she was prepared to abide by the injunction. To which she replied, "No, not prepared." She added that she would meet with LCC if they were prepared to drop all legal proceedings and that LCC were only seeking an adjournment to apply more pressure.

Jackie told the Judge that it was a financial strain to have to keep coming to court, and that she was not in favour of an adjournment. She told the court she would abide by the terms of the injunction.

Mr. Dawson too said, "It should end here today." But also agreed to the terms of the injunction.

The Judge turned to Orla and said to her, "Ms Kaiser, you are the only one!"

Orla replied, "May I say a few words?"

To which the Judge replied, "We will come back to it in due course."

The Judge then mused, "Nobody is disposed to this adjournment?"

This was met by silence.

The Judge then asked Orla, "in the first instance, why the order [committal order] shouldn't be continued."

"I am standing here today, not just for Bleach Lough, but for the cause of democracy..."

The Judge interrupted at this point, stating that there was a, "limited legal issue at stake" and that an, "order has been made by the court." and he again asked "why that order should not be continued."

Orla replied "it should never have started in the first place," and that "LCC took an injunction instead of talking to us."

The Judge replied, that it had "moved away from general debate about whether the water main should be there or not." And that it had "moved into specific proceedings, not whether the Council was entitled to do this or not." He finished with, "What you are doing is creating a 'head on' collision between you and the order."

Orla replied that LCC were "aware of this when they placed the injunction," and that it was against her "free will to be here." She added that "LCC were using the Law system and tax payers money," to deal with them.

The Judge said that, "No Court likes to be in this position, but it cannot be shirked."

Orla commented that she'd been "brought to the High Court like a criminal."

The judge corrected her by saying that she had been, "brought here in a civil matter," and that there was "no suggestion of crime." (The Judge ought to have consulted the Constitution here. It is unlawful to jail someone when they haven't committed a criminal offense. Furthermore ignoring a Court order is contempt of Court and this carries an open ended sentence. This ties back to our Court's British roots, where a Judge is considered only answerable to God. An open ended sentence too is unlawful.")

The judge at this point began to harass Orla. He said, "You're breaking a court order, telling me you intend to do so." He asked her, "should you not consider your position? What is to be gained? You are opposed to resolving this problem. You should do something by way of negotiation." And ended by chiding, that she was not, "engaging the dispute directly itself."

Orla asked for a moment to compose her thoughts.

The Judge asked "do you want me to rise for a moment, for you to consider your position?"

After Orla said that she did, the Judge exited, stage left.

When the Judge returned, Orla refused to give an undertaking to abide by the Court's order.

The Judge asked LCC what they wanted to happen next.

LCC said that "we do not wish to see Ms Kaiser go to jail."

The Judge then told the axeman, "I didn't ask you what you wished, but what you want."

The axeman replied that LCC wanted to maintain the status quo.

The Judge adjourned the case until the 6th of July. But not before refusing affidavits to be entered, stating that the court was not, "a political forum."

Thus ends this current attack on the peoples of Kildimo and Pallaskenry by LCC.