The High Court today decided not to return the Rossport Five to prison but ordered them to pay the legal costs to Shell following their contempt of court over their Corrib gas pipeline protest.
High Court President Mr Justice Joseph Finnegan said that although the court had the right to punish the men for refusing to comply with a court order not to obstruct the construction of the pipeline across their land in Co Mayo, he had decided not to impose a jail sentence.
He said he taking into account the 94 days Willie Corduff, Philip and Vincent McGrath, Brendan Philbin and Micheál Ó Seighin had spent in prison and the disadvantages that three of them continued to suffer while they were in contempt.
But Mr Justice Finnegan said he was making an order for the costs in the case, which could run into hundreds of thousands of euro to be awarded to Shell.
The five men were jailed for 94 days last year over their opposition to Shell E&P Ireland's laying of the gas pipeline as part of the €900 million Corrib gas project.
Speaking outside the court the five men expressed a mixture of relief that the threat of a further prison term had been lifted, and frustration at the fact that the dispute had not been resolved.
Micheal O'Seighin said that if Shell continued to insist on constructing the gas pipeline through their land, he and the other four men would be willing to go to jail again for the sake of their protest.
"We still have to protect our houses and our families. When this began, none of us opposed the project. But one thing they will not do, they will not put our lives in danger without us reacting the same way.
"As any dog will protect her pup, we'll do the same thing," he said.
He added that Shell were now engaging in a "Mayo-isation" of the Corrib gas field project by hiring a former chief superintendent in the county, as well as a retired local journalist.
"It's a stunt that doesn't work. It means we have to be on our guard all the time against being criminalised and Mayoised," he said. "Nothing has changed except the tactics being used against us."
His wife Caitlin said the men would not be able to pay the massive legal costs. "You can't pay what you don't have," she said.
Independent TD for Mayo, Dr Jerry Cowley, called on Shell not to pursue the men for its legal costs.
"Even after Shell putting them in jail for 94 days, they now have to pay Shell. To me that's totally irregular and it just doesn't seem right. I think Shell should do the decent thing now and not look for costs," he said.