Sentencing in the case of an anti-war activist, convicted last week of damaging a military aircraft at Shannon Airport, was adjourned again yesterday at Ennis Circuit Criminal Court.
But Judge Carroll Moran warned that Mary Kelly (52) had been given "a lot of latitude" and told her new legal team that if they were not ready to proceed with their case on December 1st, sentencing would take place regardless.
Kelly had already been given a week to prepare her "plea of mitigation" after she was convicted of causing $1.5 million of criminal damage to a US navy jet on January 29th, 2003. Last Thursday week, a jury returned a 10 to 2 majority verdict finding that Kelly, originally from Athlone in Co Westmeath, caused the criminal damage without lawful excuse.
Judge Moran adjourned sentencing until the following morning. But Kelly, who had represented herself during the six-day trial, sought a further adjournment to consult a new legal team and prepare her plea of mitigation.
At Ennis Circuit Criminal Court yesterday Mr Robert Eagar, solicitor for Kelly, applied for another adjournment stating he was "fresh to the case" and would require time to "review the relevant evidence and instruct counsel". Mr. Eagar, of Garrett Sheehan Solicitors in Dublin, told Judge Carroll Moran that he would require three to four weeks.
Prosecuting barrister Mr Stephen Coughlan asked why Kelly's legal team needed three weeks. Mr Eager said there were "a number of matters to be dealt with" and that he was "fresh to the case and would need to review the evidence and instruct counsel". Mr Coughlan asked that "any adjournment should be a short one".
Judge Carroll Moran told Mr Coughlan, "in light of what Mr Eagar has said, I have to grant the adjournment" and set a date of December 1st for hearing the matter in Limerick. The case will be heard at Limerick Circuit Court on December 1st.