The re-trial of an anti-war activist on charges attacking a US airplane in Shannon airport with an axe collapsed today after her legal team withdrew from the case.
Ms Mary Kelly (51) pleaded not guilty to the criminal damage of the US navy plane at Shannon airport on January 29th, 2003. She is also charged with trespass on the same date. She denies the charges.
Evidence before the jury was due to begin this afternoon. However, at the outset, Mr Brendan Nix SC applied that Judge Moran discharge him, Ms Antoinette Simon BL and solicitor, Mr John Devanne from representing Ms Kelly.
"It is clear that the three of us no longer enjoy the confidence or trust of our client," he said. Mr Nix said that he now found it impossible to represent Ms Kelly and said that he had no alternative but to apply to be discharged from the case.
Judge Moran accepted the application. The jury of seven women and five men in the trial is to be discharged at Ennis Circuit Court tomorrow morning by Judge Carroll Moran and the case will be adjourned to next October.
After her legal team formally withdrew, Ms Kelly applied for an adjournment to the October sittings, stating that she would need time to instruct a new legal team.
Ms Kelly also made an application to have the ban on her entering Co Clare lifted. "I am a peaceful person. I acted to protect lives and save lives. I did not hurt anyone and I do not understand the harshness of the condition," she said. "I am an Irish citizen and I should have the right to freely travel in the 32 counties. I have faithfully done everything asked of me while on bail and before today, I never applied for an adjournment."
However, Judge Moran refused her application.
It is the second time that Ms Kelly - a mother of four - has gone on trial for the alleged attack on the plane. Last July, after a four-day trial, the jury was discharged after failing to reach a verdict after deliberating for five hours on the criminal damage charge.
An ex-US Attorney General, Mr Ramsey Clark and a former assistant Secretary General of the UN, Mr Denis Halliday were expected to testify on behalf of Ms Kelly. Both gave evidence at the previous trial.
Five other anti-war activists are facing charges of criminal damage on the same plane five days after Ms Kelly's alleged attack and their trial is expected to take place in Dublin Circuit Court in the Autumn.