Three anti-war activists, who entered a temporary exclusion zone in the Shannon Estuary during President Bush's visit last June, were yesterday acquitted on all charges.
At Ennis District Court, Judge Joseph Mangan dismissed charges against former commandant Mr Edward Horgan (59), Castletroy, Limerick, Ms Eibhlín Ní hÍr (21), Quigley's Point, Co Donegal, and Mr Aaron Baker (26), Athlone, Co Westmeath.
The defendants had denied entering a temporary exclusion zone and resisting the orders of a garda at Iniscullen Point on the Shannon Estuary contrary to Section 8 of the Public Order Act. In the District Court yesterday, each retained two counsel to defend their actions.
The court heard that personnel on board the LE Aoife located in the estuary last June 25th were notified that a boat had entered the exclusion zone. Two boats were launched to intercept the craft, while a Garda helicopter hovered overhead.
Sgt Mark McKeown told the court the three activists were arrested for failing to obey a Garda instruction to leave the exclusion zone.
On behalf of Mr Horgan, Mr Roderick O'Hanlon SC said: "Do you remember Mr Horgan telling you that he was there to exercise his constitutional right to peacefully protest?"
Sgt McKeown said he didn't remember Mr Horgan saying that, but he understood him to be speaking for all three.
After hearing the State's case, Judge Mangan dismissed the case against Mr Baker and Ms Ní hÍr, stating there was no evidence of any refusal by them to comply with Garda directions.
Regarding Mr Horgan, Mr O'Hanlon said that Section 8 of the Public Order Act relates to loitering in a public place. He pointed out that Mr Horgan was not loitering but was there to protest peacefully.
Judge Mangan said: "I don't consider Mr Horgan stating that he was there to peacefully protest as a refusal to leave the area and I am holding with the defence on all points."
Earlier, the judge had dismissed the charge of entering the exclusion zone without permission when he rejected a State application to amend the charge in each case.
The three anti-war activists were accompanied by a small group of supporters yesterday. Mr Horgan said afterwards: "I am very pleased that the court has recognised our constitutional right to peacefully protest by dismissing both charges.
"It is a huge concern to us that we were successfully prevented from protesting and that this exclusion zone was unlawfully established. It is a contradiction to have an exclusion zone in a public place."
The charges were dismissed before Mr Horgan had an opportunity to give evidence in court.
He said: "We will not continue to remain silent as long as Shannon continues to be used in this war against humanity, where 158,000 US troops went through the airport last year."
Asked what his intentions were on the day, Mr Horgan said: "We launched the boat at Bunratty and had travelled five miles before being intercepted. The tide was on its way out and we were going to sit there in the boat in the mud to protest at the arrival of President Bush before leaving the area."
Mr Horgan declined to say how much the court proceedings have cost the three defendants.
