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COTONIA FM FESTEJA 4 AÑOS TRANSMITIENDO POR INTERNET

Uruguay, 28.07.2005 21:13

No odies a los medios... siémbralos libres!



LIBERDADE de EXPRESSÃO

Brasil, 28.07.2005 20:43

O Hip Hop não é cúmplice da violência



Celebrando en el Parque Lamont/Celebrating in Lamont Park

DC, 28.07.2005 20:14

Amigos y vecinos juntamos el Sabado en la tarde. Entertained by Luci Murphy and Lilo Gonzalez and others, the event was organized by La Coalicion Latina de Inquilinos. El evento fue organizado por La Coalicion Latina de Inquilinos.



Statement From P. O'Neill Instructing End To Armed Campaign

Ireland, 28.07.2005 20:13

'We are proud of the comradely way in which this truly historic discussion was conducted' Full statement from the IRA. The leadership of Oglaigh na hEireann has formally ordered an end to the armed campaign. This will take effect from 4pm this afternoon. All IRA units have been ordered to dump arms. All Volunteers have been instructed to assist the development of purely political and democratic programmes through exclusively peaceful means. Volunteers must not engage in any other activities whatsoever. The IRA leadership has also authorised our representative to engage with the IICD [Independent International Commission on Decommissioning] to complete the process to verifiably put its arms beyond use in a way which will further enhance public confidence and to conclude this as quickly as possible. Full statement from the IRA. The leadership of Oglaigh na hEireann has formally ordered an end to the armed campaign. This will take effect from 4pm this afternoon. All IRA units have been ordered to dump arms. All Volunteers have been instructed to assist the development of purely political and democratic programmes through exclusively peaceful means. Volunteers must not engage in any other activities whatsoever. The IRA leadership has also authorised our representative to engage with the IICD [Independent International Commission on Decommissioning] to complete the process to verifiably put its arms beyond use in a way which will further enhance public confidence and to conclude this as quickly as possible. We have invited two independent witnesses, from the Protestant and Catholic churches, to testify to this. The Army Council took these decisions following an unprecedented internal discussion and consultation process with IRA units and Volunteers. We appreciate the honest and forthright way in which the consultation process was carried out and the depth and content of the submissions. We are proud of the comradely way in which this truly historic discussion was conducted. The outcome of our consultations show very strong support among IRA Volunteers for the Sinn Fein peace strategy. There is also widespread concern about the failure of the two governments and the unionists to fully engage in the peace process. This has created real difficulties. The overwhelming majority of people in Ireland fully support this process. They and friends of Irish unity throughout the world want to see the full implementation of the Good Friday Agreement. Notwithstanding these difficulties our decisions have been taken to advance our republican and democratic objectives, including our goal of a united Ireland. We believe there is now an alternative way to achieve this and to end British rule in our country. It is the responsibility of all Volunteers to show leadership, determination and courage. We are very mindful of the sacrifices of our patriot dead, those who went to jail, Volunteers, their families and the wider republican base. We reiterate our view that the armed struggle was entirely legitimate. We are conscious that many people suffered in the conflict. There is a compelling imperative on all sides to build a just and lasting peace. The issue of the defence of nationalist and republican communities has been raised with us. There is a responsibility on society to ensure that there is no re-occurrence of the pogroms of 1969 and the early 1970s. There is also a universal responsibility to tackle sectarianism in all its forms. The IRA is fully committed to the goals of Irish unity and independence and to building the Republic outlined in the 1916 Proclamation. We call for maximum unity and effort by Irish republicans everywhere. We are confident that by working together Irish republicans can achieve our objectives. Every Volunteer is aware of the import of the decisions we have taken and all Oglaigh are compelled to fully comply with these orders. There is now an unprecedented opportunity to utilise the considerable energy and goodwill which there is for the peace process. This comprehensive series of unparalleled initiatives is our contribution to this and to the continued endeavours to bring about independence and unity for the people of Ireland. Reaction & Digest Of Irish/UK Press Coverage From Slugger O'Toole Indymedia Ireland Compilation Of International Reaction To Statement http://www.indymedia.ie/attachments/jul2005/ira.jpg



CAFTA passes

Houston, 28.07.2005 19:13

CAFTA passes in the House: 217 to 215



A Brush with The Law

Ireland, 28.07.2005 18:43

Protest at The Archaeological "Dig" near Tara The brutal physics of modern traffic was borne in on me in a raw way standing by the busy Navan road just north of Tara yesterday evening (Mon 25th July) for an hour while the latest protest against the proposed new motorway was in progress. This is an experience you don’t get driving along in your Toyota Corolla. The brutal physics of modern traffic was borne in on me in a raw way standing by the busy Navan road just north of Tara yesterday evening for an hour while the latest protest against the proposed new motorway was in progress. This is an experience you don’t get driving along in your Toyota Corolla. "What is your name and where are you from?" a policeman asked me when I rolled down my window at a checkpoint on the Kingscourt Road out of Navan last night. "Sean Crudden from Jenkinstown, Dundalk," I replied fearlessly. Garda: "Where are you coming from?" SC: "From Navan - or rather from Maynooth." Garda: "What were you doing in Navan." SC: "I was at a protest against the new road." Garda: "Were you protesting?" SC: "I wouldn’t say I was protesting exactly - but I was there," I said with some trepidation. Garda: "What were you doing there then?" SC: "I was with my son. He helped publicise the protest." "Well I disagree strongly with the protest," the policeman opined and the atmosphere thawed. "Yes," I replied, "there is more than a minority in favour of the new road." "Do you remember the protest at The Glen of The Downs?" he continued, "that is one of the best roads in the country now. And when the new road to Navan is built it will be one of the best too." "I suppose so," I commented, "if we live to see it." Later as we picked up speed towards Wilkinstown I soliloquised to my son (who was minding my grandson in the back seat of the car), "I thought the police were supposed to be neutral? But I suppose he is entitled to his opinion. I don’t understand this thing about roads. Even if they succeed in building it there will be grass growing in the middle of the new road in 20 years’ time." Son: "Is that because there will be no oil?" my son astutely asked. "Yes," I concluded. Further on near the Fane Bridge we had to double back to Readypenny and go through Knockbridge to avoid the scene of what looked like a fairly major accident. Discussions of protest on the newswire: and Some history of the British Israelites' interest in Tara. http://www.indymedia.ie/attachments/jul2005/skinhead.jpg http://www.indymedia.ie/attachments/jul2005/sinn_feiner.jpg http://www.indymedia.ie/attachments/jul2005/happy_protestor.jpg



Remembering Jean Charles De Menezes And Ireland's Role In Unleashing Terror On Iraq

Ireland, 28.07.2005 17:13

'Blair has decided that these Judge Dredd scenes are part of the price 'we' are willing to pay' - From Elaine and Ciaran on the newswire:The point blank killing of Jean Charles de Menezes, the lack of charging or even suspension of those who killed him (1 shot to the shoulder, 7 to the head) and the New Labour rationalizations that lay a basis for more of these killings to come redefine what is considered as acceptable collateral damage in this war. Blair has decided that these Judge Dredd scenes are part of the price 'we' are willing to pay for his war on Iraq. Meanwhile, the Ahern led government has made us morally culpable in the indiscriminate killings in the U.S invasions of Iraq & Afghanistan and have of course transformed Shannon Airport, hosting 25,000 U.S. troops a month, into a soft and significant target.The absence of a courageous and nonviolently militant anti-war movement in the imperial centres enhances a vacuum for the pathetic mimicry of the fundamentalist warriors as they bring the war home to London. Whether these attacks and the state's post-attack prepackaged scenarios of expanding police powers (they want to increase the time they can detain a suspect without charge from 14 days to 3 months) and reduced liberties lead to the death of active citizenship remains to be seen. The pressures on the Muslim community, once active in the anti-war movement, to internally migrate and depoliticize will be massive. More Indymedia Ireland Coverage Of The Death Of De Menezes: Police shoot man dead on London Tube. "suspicious" Bertie Ahern says: Al-Qaeda watched 'closely' - Shannon not Al-Qaeda Fly Trap ...And Of The Pitstop Ploughshares: Pit Stop Ploughshares Head to Oct. 24th. Trial- Update & Call for Solidarity! LIVE!!!!EVERY WEEK ON A MONDAY!!4pm-6pm GPO-Vigil Against Shannon Airport's role in the War on Iraq with The Pitstop Ploughshares Photos of weekly vigil 25 July 2005 http://www.indymedia.ie/attachments/jul2005/no_more.jpg http://www.indymedia.ie/attachments/jul2005/jean_charles_de_menezes.jpg http://www.indymedia.ie/attachments/jul2005/damien_leaflets.jpg http://www.indymedia.ie/attachments/jul2005/aussie_solidarity.jpg



Llamado a respetar los Derechos Humanos de las Personas Transexuales

Puerto Rico, 28.07.2005 16:14

Llamado a respetar los Derechos Humanos de las Personas Transexuales



The million-dollar woman, Cuba refuses to hand over Assata Shakur

Portland, 28.07.2005 14:43

Not a terrorist but a target.

While the corporate media portrayed the Black Panthers as violent, police forces were under orders to shoot Black Panther Party leaders without provocation. 39 members of the Black Panther Party were murdered. Those who survived attempted murder by the police were subsequently framed up as the aggressors. Others were framed-up for crimes they simply were not even near including recently exonerated Geronimo ji Jaga (formerly Pratt), who did decades of hard prison time for a murder U.S. courts now even recognize he did not commit.

Assata Shakur was also a target of this political repression and was taken as a political prisoner by the U.S. government. It was with the help of the revolutionary direct action of her comrades that Assata Shakur was liberated from bondage and gained her freedom in exile in revolutionary Cuba. Today, despite pressure from the United States, Cuba remains committed to Assata Shakur's freedom.

Liberation News also supports Assata Shakur and demands that the U.S. government keep their blood stained hands off of her and off of the Cuban Revolution, while demanding Assata Shakur's right to return from exile without a continuation of political persecution.

The Jericho Movement to grant amnesty to all Political Prisoners | More about Assata



Primeiro voo conjunto de deportação na União Europeia

Portugal, 28.07.2005 13:13

Primeiro voo conjunto de deportação na União Europeia



Oregon House Committee Votes to Prohibit Utilities From Charging Ratepayers Phoney Tax

Portland, 28.07.2005 06:43

Today, the Committee on State and Federal Affairs of the Oregon House of Representatives passed on to the floor of the House a version of SB 408 that will stop the current practice of the Oregon Public Utility Commission (OPUC) of allowing utilities to charge ratepayers for "state income taxes" and "federal income taxes" that in fact the utilities do not pay to any government...

"The Oregon PUC has allowed PGE and Pacificorp alone over the past 8 years to charge Oregon ratepayers over $1 billion for supposed income taxes they have never paid and never will pay," said Dan Meek, attorney for the Utility Reform Project (URP). "I have been filing complaints and lawsuits over this for almost 3 years. Finally, the Legislature is listening."



Fuck Mainstream Media

Portland, 28.07.2005 06:43

When we pick up a paper or check the news on television we generally expect to be informed. The media has a responsibility and that responsibility is to inform us of what's going on. If a dam is in danger of breaking two miles above our town, it is the responsibility of the media to let us know that the danger exists and why it exists. To a certain extent, we put our trust in them. But trusting the mainstream media is not a rational or intelligent choice to make. They have lied by saying things that are not true, by not saying things that are true, and very often through spinning bullshit, which is slightly different than lying. Sometimes bullshit is worse than lies. It's not that they have done so several times, or even often. It's that they do it all the time. They are programmed like a virus in software to fuck us up.

They never, by the way, use vulgarities like 'fuck'. This is not an offhanded comment. It is very relevant. In fact, if you read media where the use of such words is acceptable, they have passed an important litmus test. They obviously don't pander to the fucked up Christian Right and they don't pander to the corporate elite who are very careful not to offend those that march in orderly fashion. They are in the business of providing audiences.



Major Unions Leave AFL-CIO; Convention Condemns Iraq Occupation

San Francisco Bay Area, 28.07.2005 05:43

Hundreds of union member/delegates have gathered in Chicago to take part in the AFL-CIO's 25th leaving the federation. Although the announcement was anticipated, it still shocked the world as it underscored a major schism in the national labor movement. This occurred 3 days after the United Farm Workers joined the Teamsters, the SEIU, and other major unions in the Change to Win Coalition Read more

On the second day of the conference, the AFL-CIO passed a resolution stating that the US troops should be brought home as soon as possible. The resolution also states "No foreign policy can be sustained without the informed consent of the American people. The American people were misinformed before the war began and have not been informed about the reality on the ground and the very difficult challenges that lie ahead. Us Labor Against War statement.

Conference Updates: Audio from 7/25 | Pre-conference audio

On Sunday, July 24th, 2005, a meeting of labor activists from around the United States took place in Chicago, across town from where the AFL-CIO Convention was set to take place. The 'Rank and File Conference to Take Back our Unions' declared its intention to "Take Back Our Unions" from the clutches of the highly paid union 'business executives' who have taken control of the "once proud and powerful American Labor Movement." This gathering was organized by the Labor Action Coalition. Read more

On Thursday, July 28th, a labor conference entitled "Democracy and Divisions in the House of Labor" will be held at California State University Sacramento.



Noticias destacadas

Argentina, 28.07.2005 05:13



Black Box Voting Board Member Arrested in San Diego

San Diego, 28.07.2005 04:43

The Registrar of Voters knew of the security flaws in the voting system.
But he refused to allow the public to view the screen display of the main machine used to count all the ballots.

Jim March, a member of the Black Box Voting board of directors,
was arrested Tuesday evening for trying to observe the Diebold
central tabulator (vote tallying machine) as the votes were being
counted in San Diego's mayoral election (July 26).

More info:  http://www.blackboxvoting.org



Pack The Courthouse Tomorrow to Free David and Danae!

San Diego, 28.07.2005 04:43

Instead of holding our standard demo on Tuesday, a support rally will be held at the Federal Building (880 Front Street & Broadway) for David and Danae this Thursday at 2:30pm. A press conference will be held at 3:00pm. Please arrive on time! We are asking people to pack the courtroom for their hearing immediately following the rally and press conference. Please bring signs, noisemakers and friends for the rally!

On Tuesday, July 12th, David Agranoff and Danae Kelley were arrested for civil contempt for refusing to cooperate with the grand jury. Of all eight people known to have appeared before the grand jury, only these two refused to testify on the grounds of First Amendment objections. This Thursday, Judge Irma Gonzalez has agreed to hear a motion brought by their attorneys to release them. David and Danae can only be kept in prison as long as their imprisonment is believed to serve coercive and not punitive purposes. As soon as Judge Gonzalez believes that no amount of time in prison will coerce them into testifying, by law she must release them. David and Danae will be presenting that argument in court on Thursday.



Northern California Bricklayers/Stonemasons on Strike

San Francisco Bay Area, 28.07.2005 04:13

On July 18, 2005 the Northern California Bricklayers/Stonemasons went on strike. Events leading up to the strike began when contract negotiations broke down last week. BAC decided to call a strike against members of the contractors association in an effort to get them to return to negotiations. The major points of contention focus around health care, retiree subsidy, pension funding, and travel compensation.

Bricklayers/Stonemasons and Allied Craftworkers represent approximately 3,000 Bricklayers/Stonemasons, Tile Layers and Finishers, Pointer Cleaner Caulkers, Marble Setters and Finishers, Terrazzo Mechanics and Finishers, and Refractory Bricklayers/Stonemasons who work various aspects of the industry in the Northern 46 counties of California. Read Full Article

Related Articles on the Newswire | Indybay's Labor Page



Starbucks Union Organizer Fired

San Francisco Bay Area, 28.07.2005 04:13

On May 24, Starbucks terminated IWW member Sarah Bender, a worker at the 17th St. and 1st Ave. store in Manhattan, for union activity. Bender's termination marks the first time since the founding of the Starbucks Workers Union that the company has fired a worker for union organizing. The pretext for her termination was that she allegedly came out six dollars short on her cash register.

Management learned that Sarah was associated with the Starbucks Workers Union after she hosted a party attended by Union members. Since then, the company disciplined her to build a phony case for firing her. Bender is coordinating her own defense and is in serious need of financial assistance for campaign expenses. Starbucks workers are asking all supporters to call-in on August 1st to show support for workers' right to organize a union and outrage at the firing of a fellow worker. Read Full article

| Related articles on the Newswire | Related Feature Articles 1 | 2 | Indybay's Labor News Page



Father Gérard Jean-Juste Arrested and Charged with Murder of Friend

San Francisco Bay Area, 28.07.2005 04:13

Father Jean-Juste was present at the funeral of Haitian journalist Jacques Roche on July 21st. As he entered into the chapel where the body was, he was shouted at, called names such as "assassin," and beaten by people in the crowd. As security officers helped him to leave, he was met by UN police, who brought him to a police station where he was questioned and eventually charged with killing Roche. He has been held in isolation ever since and not allowed to meet with his attorney. Read more about Father Jean-Juste's detention. On July 25th, Amnesty International declared Gérard Jean-Juste a prisoner of conscience. He is being held in isolation in the Haitian National Penitentiary.
7/25 Update from Bill Quigley | More News About Haiti



Developer to Fill in Burnsville Wetlands

Minneapolis/St. Paul, 28.07.2005 03:13

A real estate developer wants to fill in Burnsville wetlands without completing an environmental assessment.



War is Terror

Melbourne, 28.07.2005 01:43

Australian Storm of Metal Terror



The Good, The Bad, &amp; The Ugly: &quot;What's the Matter with Indymedia?&quot;

Urbana-Champaign, 27.07.2005 22:13

Every once in awhile, someone comes along with a hard-hitting critique of Indymedia that is right on the mark. Jennifer Whitney's piece, "What's the Matter with Indymedia?", is a must-read for those of us working to create something better, to shore up our shortcomings, and build the next evolution of the UCIMC. For those with the sticktoitiveness to read through to the end, a pleasant surprise awaits.



day 1 of 3 day march on Massey, Whitesville, WV

Richmond, 27.07.2005 21:44

Day 1 of a 3-day march on Coal River valley, site of Massey Energy's neo-colonial MTR sites. Appalachian Uprising! "Protesters marched past Marsh Fork Elementary, an elementary school less than three-hundred feet from a coal-loading silo and in the shadow of a 2.8 billion gallon Toxic Sludge impoundment. They also marched past the old UMW headquarters, a hotbed of radical unionism and militant strikes in the late seventies, which now sits abandoned after Massey energy successfully drove unions from the area in the eighties."



Day 2 of Whitesville march

Richmond, 27.07.2005 21:44

On day 2, protesters marched through the town of Whitesville, WV. At the far end of town, a red car swerved off the road and came inches from Bo Webb, in an obvious attempt to hit him. After the attempt, a lady jumped out of the car and turned her license plate up, making it impossible to read.... “Even though Massey Energy is from Richmond, Virginia, they would be welcome to do business in this valley,” Julia Bonds stated, adding, “so long as they mine coal responsibly. Massey needs to stop hiring outside miners from Ohio, Pennsylvania, or Kentucky, and hire our boys from right here in the valley to mine this coal underground.” According to the West Virginia Coal Association there were more than 100,000 miners employed in 1952 a little over a half century later there are fewer than 15,000.



Photos from Whitesville: Day 3

Richmond, 27.07.2005 21:44

Here are some photos from the last day of the 3 day march in Whitesville, WV against the policies of coal baron Massey Energy.



SJL CAFTA protest

Houston, 27.07.2005 21:43

Jackson Lee comes out against CAFTA



Street Medic Training Aug 26-28

DC, 27.07.2005 21:13



Detienen y golpean brutalmente a integrantes del MTD Lanús

Argentina, 27.07.2005 20:13



Starbucks Union Organizer Fired

San Francisco Bay Area, 27.07.2005 19:13

Starbucks terminated IWW member Sarah Bender, a worker at the 17th St. and 1st Ave. store in Manhattan, for union activity. Bender's termination marks the first time since the founding of the Starbucks Workers Union that the company has fired a worker for union organizing. The pretext for her termination was that she allegedly came out six dollars short on her cash register.

Management learned that Sarah was associated with the Starbucks Workers Union after she hosted a party attended by Union members. Since then, the company disciplined her to build a phony case for firing her. Bender is coordinating her own defense and is in serious need of financial assistance for campaign expenses. Starbucks workers are asking all supporters to call-in on Aug 1st to show support for workers' right to organize a union and outrage at the firing of a fellow worker. Read Full article

Starbucks Workers Union website | Related articles on the Newswire | Related Feature Articles 1 | 2



Davis Votes to Ban Dispensaries

San Francisco Bay Area, 27.07.2005 19:13

Recentally, the Davis City Council discussed a moratorium and a permanent ban on medical marijuana "dispensaries". Assistant Police Chief Steven Pierce, who gave a report to the council, and stated that California's medical marijuana laws are unaffected by the Supreme Court decision in Raich v. Gonzales. However, Assistant Police Chief Pierce also told the council that "Raichcan support our decision to prohibit such centers, if we chose, since allowing them would require 'permitting' such a venture which, the U.S. Supreme Court has just ruled, violates federal law." Pierce's report goes on to state "Allowing medical marijuana dispensaries, even regulating them as is permitted under current California law, might lead individuals to believe that they are safe from prosecution." Read full report here



Marines Recruiting at Fred Meyer Interstate store

Portland, 27.07.2005 18:43

Today I was at the Fred Meyer on Interstate, and as I was preparing to leave was approached by a man who, after some small talk, announced he was with the Marines. I could tell right away that he was trying to interest me in joining up because he asked me what I did for work. I felt anger rising within me, but kept it 'civil' and tried to be as articulate as possible in my refusal of his offer. He tried to get me into a discussion about Iraq but I couldn't, and didn't want to, stick around.



Thursday, July 28th: Pressure Olympia's Pizza Time to support the rights of its workers

Portland, 27.07.2005 18:43

We are asking community members to buy a Pizza Time Pizza Thursday July 28th to show the owners that the community would support Pizza Time if they became socially responsible. Please call (360) 956-9020 to order a pizza on Thursday only.

**** Tell Pizza Time you are ordering a Pizza because you support the workers and want them rehired with protection for their rights in writing.****

If you don't live in Olympia, call them and tell them you would order a pizza if you were in the area. We need your support more than ever at this critical time as negotiations officially begin. This is a one Day only event.

read more >>

previous: [ Olympia Pizza Time Strike Continues (19 July 2005) | Update From the Pizza Time Lockout (27 March 2005) | Olympia Pizza Time Workers go on Strike; Support needed (13 Feb. 2005) ]

more info: [ Olympia Workers Association ]



Northern California Bricklayers/Stonemasons on Strike

San Francisco Bay Area, 27.07.2005 18:13

On July 18, 2005 the Northern California Bricklayers/Stonemasons went on strike. Events leading up to the strike began when contract negotiations broke down last week. BAC decided to call a strike against members of the contractors association in an effort to get them to return to negotiations. The major points of contention focus around health care, retiree subsidy, pension funding, and travel compensation.

Bricklayers/Stonemasons and Allied Craftworkers represent approximately 3,000 Bricklayers/Stonemasons, Tile Layers and Finishers, Pointer Cleaner Caulkers, Marble Setters and Finishers, Terrazzo Mechanics and Finishers, and Refractory Bricklayers/Stonemasons who work various aspects of the industry in the Northern 46 counties of California. Read Full Article

BAC Local 3 Website | Related Articles on the Newswire



From the Newswire

Perth, 27.07.2005 16:45

Operation Overkill: Palmer forest witness report



Operation Ceasefire Music Festival September 24, 2005 (VOLUNTEERS NEEDED!)

DC, 27.07.2005 16:44

Volunteer Meeting Monday, August 1, 2005 @ 7PM @ Flemming Center, 1426 9th Street, NW Washington, DC. WE NEED YOUR SUPPORT!



SEM TETO

Brasil, 27.07.2005 16:43

Dois anos de MSTS



Arrastão por encomenda?

Portugal, 27.07.2005 16:43

Arrastão por encomenda?



11 Year-old Latina Criminalized for Responding to Attack by Boys

San Francisco Bay Area, 27.07.2005 16:43

Maribel Cuevas, a small 11-year old girl in Fresno who speaks more Spanish than English, was attacked by neighborhood boys who threw water balloons at her in late April. She grew frustrated and threw a rock at the boys. One of the boys, 9 year-old Elijah Vang, needed stitches as a result of being hit by the rock. A neighbor called 911, but before 3 police cars and a helicopter had arrived, Maribel had already apologized to the boy's family. The Fresno police (who only spoke English) arrested Maribel and took her away in handcuffs. She was incarcerated in juvenile hall for five days, and was made to wear an ankle monitoring bracelet for a month. Elijah Vang and his family have reportedly moved out of the neighborhood. Maribel is being charged with felony assault with a deadly weapon, and her trial will begin on August 3rd. Her lawyer has accused the police of criminalizing childhood behavior. Women's rights activists are encouraging people to write to the District Attorney, Elizabeth A. Egan, and ask her to drop the charges against Maribel. Contact info for local officials

Free Maribel Website



Kevin Benderman Faces Court Martial for Refusing to Fight in Iraq

San Francisco Bay Area, 27.07.2005 07:13

After serving in the military for eight years, including a tour of duty in Iraq, Kevin Benderman decided he could not participate in the Iraq war and occupation. He filed for conscientious objector status in December of 2004. His application was denied. On May 11th, his court martial judge overturned his hearing, citing a biased investigation, and ordered a new hearing. On Wednesday May 25th, the military filed a new court martial against Kevin Benderman, which has been scheduled for July 28th.

Courage to Resist is asking people to attend protests all over the country on July 28th to support military resistance. There will be an Open Mike Spoken Word-Poetry Read Out from 5pm to 8pm on Thursday at the Armed Forces Recruiting Center at 2116 Broadway, between 21st and 22nd Streets in Oakland. More info about the protest

Read more about the case of Kevin Benderman on Indybay's Anti-War News Page



Father Gérard Jean-Juste Arrested and Charged with Murder of Friend

San Francisco Bay Area, 27.07.2005 07:13


Father Jean-Juste was present at the funeral of Haitian journalist Jacques Roche on July 21st. As he entered into the chapel where the body was, he was shouted at, called names such as "assassin," and beaten by people in the crowd. Security officers helped him to leave, as they said, for his safety. He was met by UN police, who brought him to a police station. He was questioned and eventually charged with killing Roche, who had been kidnapped and shot to death five days later. His body had been found just days before. He has been held in isolation ever since, and attorney Bill Quigley, who was detained along with Jean-Juste but allowed to leave later in the day, has not been allowed to visit him. Read more about Father Jean-Juste's detention. On July 25th, Amnesty International declared Gérard Jean-Juste a prisoner of conscience. He is still being held in isolation in the Haitian National Penitentiary.

People who support freedom and democracy in Haiti are being asked to contact the UN and Haitian dignitaries to ask them to release MINUSTAH's prison report immediately, and to resist pressure from the Haitian police to minimize the number of casualties. People are also encouraged to demand Father Jean-Juste's release. Contact info and talking points | Info about more people to contact | 7/25 Update from Bill Quigley

Look for updates on the Haiti Action Website, Ben Terrall's Haiti Update, and Flashpoints



anti-arroyo song

QC, 27.07.2005 06:44

Tuparin Natin ang Banta ng Ating Panahon



On Point - A Review of Head-Roc's Negrophobia

DC, 27.07.2005 06:14

From Left Turn: In the year since Washington, DC's hardest working MC, Head-Roc, dropped his solo debut project, The Return of Black Broadway, the "Broadway" got whiter. U Street's most prominent apartment building, The Ellington, is way out of the financial league of the city's majority blacks who are reeling from a reported 10-14 percent unemployment rate.



Police Investigation in Series of Southern Oregon Forest Shootings Puzzling

Portland, 26.07.2005 22:44

Are four separate shootings in the Willamette and Umpqua National Forests between July 2003 and July 2005 linked? Douglas County has charged Samuel Lawson in one case and is seeking the death penalty. The evidence against Lawson is very weak and there are serious questions about whether police are ignoring evidence that the shooters are still out there while an innocent man may die for a crime he could not have committed.



State Police Deny Delivery of Food and Water to Tenncare Advocates

Tennessee, 26.07.2005 22:15

Day 37: Southern Christian Leadership Conference Denied Delivery of Food and Water to Tenncare Advocates Nashville, TN: Representatives of the Southern Christian Leadership Conference were denied the opportunity to deliver a package of bottled water and some food to demonstrators who have been occupying the State Capital for thirty seven days. Dr Dwight Montgomery, of the Memphis Southern Christian Leadership Conference, said the actions of the Governor's Office represented a gross violation of the human rights of the Tenncare Enrollees, many of whom are in wheelchairs. The ministers were stopped at the entrance to the State Capital and told they would be allowed to enter the building, but that they would not be allowed to bring in food or water. When they asked if State Employees were allowed to eat and drink inside the State Capital, the police said yes, but then a spokesperson for the Governor's Office replied that they only ate and drank in "private areas" and that the lobby where the protesters have been camped out for thirty seven days is a "public area" and therefore they cannot have food or water.



BORF Stencils for Download Online

DC, 26.07.2005 22:14

Borf stencils are now available for download online... do what you want with them (stencils, posters etc)



Anti-MinuteMen, No Border Camp Continues

San Diego, 26.07.2005 20:14

Actions against the MinuteMen have continued throughout the week as the Anti-MinuteMen, No Border camp in Campo was maintained. During the week, there were reports that the people of Campo were making efforts to remove the MinuteMen [report here]. Tuesday night, the Buenas Noches Brigade disrupted the MinuteMen for over an hour. Starting on Wednesday, the 2nd Virtual sit-in against the MinuteMen, by SWARM the MinuteMen and Electronic Disturbance Theater began taking anti-immigrant sites offline [interview here, announcement, more info].

Thursday morning a press conference was held at Playas De Tijuana, the site where the border is being torn down and reconstructed [photos and story].

Saturday night, about 60 demonstrators with the Gente Unida Coalition held a vigil at the border wall with the Mexican press, to highlight the injustices and 3200 deaths that this metal scar has caused. Following the vigil, a march along the wall to the Minutemen camp ensued, with ended in a series of tense, face-to-face confrontations. The Buenos Noches Brigade arrived with music, poetry, speeches, and humor to lighten the situation that the armed vigilantes presented. [photos and story, another report.

Also on Saturday night, a report has come out that there were nonfatal shootings of two Mexican men in the border area between Campo and Tecate early Saturday. [corporate story].

Video from First Weekend | Rejection of Minutemen | We're not racist! | 5 Myths of Immigration Explained | A Coalition of Minutemen and Migrant groups? | Explotation+Capitalism= Immigration | The Minuteman Mixup



Policia Municipal agrede gays en Plz San Martin

Peru, 26.07.2005 19:15

Policia Municipal agrede gays en Plz San Martin.



Policia Municipal agrede gays en Plz San Martin

Peru, 26.07.2005 19:15

Policia Municipal agrede gays en Plz San Martin.



State of Wisconsin &amp; American Transmission Company Team Up to Screw Local Workers &amp; Farmers

Madison, 26.07.2005 19:14

For years the American Transmission Company has been trying, with a lot of success, to intimidate and bribe local governments, courts and regulatory bodies to give it a green light for the Arrowhead-Weston line. The Arrowhead-Weston, if built, will be a massive 345 Kilovolt (that?s 345,000 volts!) bulk transmission line that will allow ATC to sell cheap electricity from the Manitoba Hydro project in Canada to the Chicago area, where it could make a handsome profit underselling existing electric providers.



Shannon Court Report: Charges dismissed

Ireland, 26.07.2005 18:44

Conor Cregan cleared of charges Erased tapes, missing evidence, Conor's third arm, and the invisible red book all played a part in this saga. The notes don't do it justice.... Defending himself, Conor Cregan had the bearing of a trial lawyer as he shredded the prosecutions case against him. While the actions of Mr Justice Joseph Finnegan hold the Nations attention as the Rossport Five remain in detention, an Indymedia favourite (Judge Mangan) was in action again last week - this time finding in favour of peace activist Conor Cregan who was charged with S. 6 of the Public Order Act. Court Reporter provides a blow-by-blow account of the action which sees contradictory Garda evidence, "Erased tapes, missing evidence, Conor's third arm, and the invisible red book", all playing their part in this courtroom drama. From the Report: Mr. Cregan : [reads] “On arrival I saw D. Sgt Joe O’Brien and Detective Garda Fahy struggle with Owen Rice and Conor Cregan” . How were they struggling? Sgt Harran : Trying to hold on to them Mr. Cregan : D. Sgt O’Brien said he was holding Mr. Rice. Sgt Harran : I can’t say who was holding who. Mr. Cregan : Who was holding Mr. Cregan? Sgt Harran : I can’t say who was struggling with whom. Garda Culliton went to D.Sgt O’Brien, I went to Det. Fahy Mr. Cregan : How long did it take you to get there? Sgt Harran : We arrived at 1.15. It took 2 minutes to get to the scene. Mr. Cregan : Where were you sitting? Sgt Harran : In the back of the patrol car ......................... Mr. Cregan: Where in the patrol car were you sitting when you arrived? Garda Culltn: Front passenger. Mr. Cregan: So you would have had a better view than Garda Harran in the back Garda Culltn: Yes Mr. Cregan: Did you talk to me Garda Culltn: No Mr. Cregan: . Why was there no verbal contact? Garda Culltn: As I recall you were writing in a book as we were going the station. Judge [to Mr. Cregan] : It’s a matter for you to decide, but this witness has not incriminated you, you don’t need to pursue this line, if it may incriminate you. Mr. Cregan: That’s okay Judge. You say there was no struggling. Garda Culltn: Correct History of the Case: Dec 8th 2003, December 11th 2003, December 12th 2003, Jan 17th 2004, Jan 17th 2004, Jan 18th 2004, Feb 13th 2004, Feb 13th 2004, Feb 17th 2004, Feb 18th 2004, Feb 23 2004, Feb 24 2004, March 1st 2004, May 22 2004 Erased tapes, missing evidence, Conor's third arm, and the invisible red book all played a part in this saga. The notes don't do it justice.... Defending himself, Conor Cregan had the bearing of a trial lawyer as he shredded the prosecutions case against him. This happened two days ago, but it was a very long case, so apologies for the delay. These notes were typed up from written notes, and are not complete, but for once, {and we don't know why} there was a stenographer in court, so we may have a full transcript in 2 weeks time. Short version: After umpteen court appearances, motions, requests for evidence, the case finally came to trial on Thursday 21st, in relation to a public order charge from Dec 7th 2003. Conor, defending himself with great skill and diligence, argued that the arrest was bogus, and was only done to destroy evidence, as he was using a dictaphone at the time to record the arrest of Owen Rice. Mr Cregan argued that when the dictaphone was returned, the tape had been erased, and that this was done so that it would not contradict the Garda version of events which he labelled as perjury. In a long day that saw nine witnesses, Conor pointed out many contradictions between testimony of some Gardai and other Gardai as to what has seen, what property was present, and how he behaved. He also produced two members of the public, whose recollection of the events did not match those of the arresting detectives. The arresting detective claimed Conor was shoving a dictaphone into his face while trying to break his grip on Owen Rice. Conor contended that this was impossible, as he had a large red book in his other hand, and had no third arm free to break anyones grip. Both detectives denied any large red notebook was present, but another Garda testified that it was. Neither the book nor the dictaphone were listed in the custody record, and no reason was given other than forgetfulness. At the end of a long day, the Judge spent almost five minutes explaining some of the reasons why he was dismissing the case. Oh, and after all that, Owen Rice put on a performance on his own, explaining a few legal matters to the Judge and to the prosecution relating to his own case... read to the end!! Formal version: ----------------------------------------------------------- Court Report 21 July 2004 Shannon District Court (sitting in Ennis Courthouse) DPP v Conor Cregan Defence : Conor Cregan represented himself. Prosecution: Inspector Tom Kennedy, of Shannon Garda Station Presiding Judge : Joseph Mangan Prosecution witnesses: Det Garda Jarlath Fahy Det Sgt Joe O’Brien Garda Harran Garda Culliton Garda Daly Garda Brigid Comerford Defence Witnesses : Mr. Rice Mr. Foley Mr. Cunningham Mrs. Wheeler. Mr. Cregan, was in court to answer a charge under section 6 of the Criminal Justice (Public Order) Act 1994 in which it was alleged that he did use threatening or abusive language at Shannon Knights car park, Shannon on 7th December 2003 Mr. Cregan had refuted the allegation from the outset and each pre-trial hearing over the past year and a half he has asked for the charges to be struck out as being utterly without foundation. He had also on these occasions asked for the court to provide assistance in recovering data from a tape which he claimed a member of the Garda Siochana had tried to erase. The court had refused to cover the cost of having an expert try to recover the audio data. Inspector Kennedy told the court that one of his Garda witnesses was unable to attend due to illness but who had made a written statement. When asked by Mr. Cregan if a doctor’s certificate had been brought to court, the Inspector said that it had not.Mr. Cregan pointed out that the onus was on the state the provide this witness, and that he should be able to cross examine him. Mr Cregan said, that he did not consent to the statement of the absent Garda being presented in evidence without the Garda being present to be quizzed on it. The statement was not allowed as evidence. Inspector Kennedy said that he had seven witnesses to call. This issue was still hotly contested and the judge suggested that the whole case might move along more swiftly if the issue of the Dictaphone tape was dealt with as a preliminary issure, prior to dealing with evidence of the alleged offence itself. Inspector Kennedy said at first that it was the states position that the tape was not relevant to the case, before he eventually conceded to having it heard as a preliminary issue. The first witness called was Detective Garda Jarlath Fahy, of Abbey Street Garda Station, Ennis. [ Sworn in at 12:50] Inspector Kennedy asked Det. Fahy is he recalled anything about a Dictaphone that Mr. Cregan had in his possession on the night in question.Det. Fahy testified that he had taken the Dictaphone from Mr. Cregan when Mr Cregan was holding it to his face as they were arresting another man. He said that he took the Dictaphone and put it in his pocket. It was his testimony that he had the Dictaphone for about and hour, and that nobody else had it during that time. He admitted that when Mr. Cregan was released from custody, that the Dictaphone had not been returned to him. Inspector Kennedy said the said that the audio information, if there had been any on the tape, was not on it later, and Mr. Cregan was alleging that it had been erased. Det. Fahy said that he did not do anything with the tape. When asked if the dictaphone machine was working he said that he presumed it was in working condition, and that he may have turned it on to check that. He also said that “in hindsight, perhaps I should have kept it” but that in any case he returned the Dictaphone to Mr. Cregan saying “ Here Conor, there’s your Dictaphone, I forgot to give it back. Sorry” Mr. Cregan’s cross examination lasted for about 35 minutes. Firstly he asked why Det Fahy had taken the Dictaphone from him in the first place. Det Fahy said that the disctaphone was “in my face” Conor asked him to clarify this, whether it had been shoved in his mouth, or up his nose, and Det Fahy said that it was “close” to his face, closed than the court microphone was. Conor asked “why didn’t you ask me to move it away then?” “We were affecting the arrest of Mr. Rice at the time. Mr. Cregan tried to break my grip on Mr. Rice.” Mr. Cregan : “You say Mr. Cregan was trying to break your grip on Mr. Rice, and at the same time, was showing a Dictaphone into your face. Did Mr Cregan have anything else in his hands at the time” Det Fahy said that he didn’t recall anything else. Mr. Cregan held up a large, bright red book with hard stiff covers (larger than A4 size ) and asked if Det Fahy had seen the book before. Det Fahy denied seeing it before. Mr. Cregan then asked what Det Fahy thought Mr. Cregan was doing with the Dictaphone. “shoving it in my face” was the answer. When asked if he had seen seen a Dictaphone before, Det Fahy said that he had. When asked what he thought they were used for he said that they were for recording and replaying sound. “So,” continued Mr. Cregan, “It would be reasonable to assume that I was using the Dictaphone to record the arrest of Mr. Rice ” Det Fahy : -“it’s possible” Mr. Cregan asked if the Detective had previously arrested anyone for holding a Dictaphone, or if he had arrested a person who had a Dictaphone. The detective said that he didn’t think so. Mr. Cregan held up a metallic grey Dictaphone and asked. “Is this the Dictaphone?” Det. Fahy said “possibly” Mr. Cregan handed it to him for closer inspection. He said “it’s possible” Mr. Cregan said, jokingly, that perhaps it was a good idea to take it back from Det Fahy. At this stage the Judge said “ he has already said it was possible” Mr. Cregan remarked that Det. Fahy had the Dictaphone for over two hours on the night in question. Returning to the purpose of the Dictaphone, Mr .Cregan asked, that given that a Dictaphone was for recording and replaying audio, was it not reasonable to say that Mr. Cregan was using it to record the arrest of Mr. Rice on the night in question. Det. Fahy said that this was possible “if the Dictaphone was working, if it contained a tape, if the record button had been pressed” Mr. Cregan asked the detective if part of his job involved gathering evidence. Det Fahy agreed that it was. Mr. Ctregan asked Det. Fahy to him that if someone was recording an arrest, would he not see that recording as evidence. And would he have the power to use it as evidence. Det. Fahy :- “Yes. And in hindsight, perhaps I should have” Mr. Cregan :- You’re a trained detective, yes? D. Fahy : Yes. Mr. Cregan: If you had acted properly you would have collected the evidence. D. Fahy: -I believe I did act properly. Mr: Cregan: By not collecting the evidence. That’s pretty haphazard work. How long have you been a detective.? D. Fahy: Since April 1998. Mr. Cregan: And how long have you been collecting evidence? D. Fahy : Since I started on the job 21 years ago. Mr. Cregan: I say then, that you had a duty to collect as much evidence as possible. Can you explain to the court, the procedure of collecting evidence. D.Fahy: If this was a murder case, I might have taken a different view towards it. Mr. Cregan: Do you think it’s reasonable not to collect evidence relating to a case that might come before the courts? D. Fahy. If this had been a serious case I might have taken a different view. I took the Dictaphone and I returned it in the same condition. Mr. Cregan. That’s not what I asked you. Do you think it is reasonable not to collect evidence in a Public Order Act case? D.Fahy repeated his previous answer. Mr. Cregan: You’ve repeated that a number of times. I submit that it is a lie. Can you tell me what evidence you did collect? D.Fahy: I took the Dictaphone from Mr. Cregan, and I gave it back to him. Mr. Cregan: How would you rate your professionalism on that night? On a scale of 1-10, 1 being pretty bad and 10 being excellent… D.Fahy. That’s not a fair question to ask me. Mr. Cregan: Not fair to you? I’m looking at three months sentence here, and you say I’m not being fair to you? Det. Fahy. I’d say 10/10 then Mr. Cregan: 10? When you have evidence in your pocket and fail to admit it? [Holds up a copy of the custody record. Copies are given to Judge, Det. Fahy, and Inspector Kennedy.] Can you read to the court, what time this was written into the custody record about the Dictaphone. Inspector Kennedy objects but is over-ruled. Mr. Cregan: Will you read to the judge where it is recorded? Det. Fahy: It’s not in as evidence. Mr. Cregan: why didn’t you hand it to the Member-In-Charge as evidence? Det. Fahy: Forgot I had it. Mr. Cregan: On the custody sheet, is there a place to record property of a prisoner? Det. Fahy. No Mr. Cregan: So what happened to the stuff from my pockets? Det. Fahy: The Member in Charge records it. Mr. Cregan: did the Member in charge go through my pockets? Det. Fahy : No. Mr. Cregan: You did…. You wouldn’t want to be accused of stealing would you? Det Fahy: No. Mr. Cregan: What is the procedure then to record the property of persons detained? Det. Fahy, It is recorded on the right hand side, under “details of actions /occurrence” Mr. Cregan : five minutes ago you were saying the opposite, that there was no place to record this. I see some of my property listed there. Please read it for the court. Det. Fahy: [reads] 36 euro and 50 cents, AA batteries, a wallet, a belt, gloves Mr. Cregan: No mention of a Dictaphone. Would it not be procedure to list ALL property of a detained person? [inaudible answer] Mr. Cregan: Isn’t it true that there is no Dictaphone listed? Det. Fahy: No, it’s not listed and it should be. Mr. Cregan: So, going back to our scale of 1-10 [Judge objects to the line of question] Mr. Cregan: Did you search your own pockets? Det. Fahy : No. I forgot I had it. Mr. Cregan: I put it to you, that you didn’t want that evidence put before the courts because it puts you in a bad light, puts your colleague in a bad light, and shows me to be innocent. I won’t say you destroyed that evidence, but you attempted to. Det Fahy – I deny that. Mr. Cregan: There’s no other explanation. After 21 years service in the Garda Siochana, you failed to put in all the evidence. Det. Fahy: What was on the tape when it was returned is the same as what was on it when I took it. Mr. Cregan: Are you sure your not forgetting anything…? Det. Fahy : I forgot to list it. Mr. Cregan : I put it to you that you knew what was on that tape and you didn’t want it known. On that night when you put me in the cell. Where did you go? Det. Fahy: Upstairs. Mr. Cregan : To do what? Det. Fahy: Maybe to have a cup of tea in the canteen. I put my coat on a chair. The Dictaphone was in the pocket. Mr. Cregan : Did you take the Dictaphone out of your pocket? Det. Fahy: No. Mr. Cregan: It was in your possession the whole time? Det. Fahy: I left the coat in the canteen. Mr. Cregan: So, anyone could have erased it then? Det Fahy. Yes, it’s possible. Mr. Cregan: Would you like to shift the responsibility on to someone else? Det Fahy: I left the coat in the canteen. Mr. Cregan: So, I was arrested, and I went into the cell. You went upstairs and had a chance to erase the tape. Det. Fahy: I would have had ample chance to do that, if it was what I wished. Mr. Cregan. What did you do then? Det. Fahy : I went to fill out charge sheets. Mr. Cregan made an allegation about the destruction of evidence, to which Det. Fahy replied that this had already been the subject of a complaint to the Garda Siochana complaints Board. Mr. Cregan reminded him that the Garda Siochana Complaints Board sits in Dublin, and that they were presently in a court of law, a rather different entity. Mr Cregan: Is it not true that you took the Dictaphone from my hand, I explained the motive already. You made statements regarding the arrest which we dispute. My evidence was on that tape, which you took, which you didn’t list on the custody sheet or enter into evidence. [inaudible reply] Mr. Cregan : You had the motive, you had the means, you had ample opportunity. Det. Fahy : I could have thrown it in a bin if that was the motive. Mr. Cregan: The motive was to destroy the evidence. Det. Fahy: I had no motive for erasing it. Mr. Cregan: I put it to you that you had the motive and that you acted on it. Det. Fahy: No. Mr. Cregan: You had ample chance. How did it come to your attention to return it? Det Fahy: the member in charge said Mr. Cregan was looking for his Dictaphone and I gave it back. Mr. Cregan: Is it not true that you only gave it back when one of your colleagues challenged you on it? Det Fahy. Yes. Mr. Cregan: Is that not an admission of guilt Det. Fahy: No. Mr. Cregan: Just unprofessionalism Det. Fahy: No Mr. Cregan: Can you explain why the tape was erased Det. Fahy: There was nothing on it. Mr. Cregan: How do you know? Did you listen. Det. Fahy: No. Mr. Cregan: Are you telepathic? Det. Fahy: That’s my explanation. Mr. Cregan:That’s no explanation. I put it to you, that you brought that dictaphone away from your colleagues because of the motives I gave. Judge Mangan to Inspector Kennedy : Do you have further witnesses or evidence in relation to the dictaphone. IK: No. Mr. Cregan : I have a witness, Mr. Owen Rice. Judge Mangan: It’s now 1.30, I will adjourn until 2.30 At this stage Mr. Rice, asked the judge to clarify where he stood in regards to the bench warrant served on Mr. Rice on the court steps that morning. Det. Joe O’Brien gave evidence of serving a warrant at the court house on foot of an order made by Judge Mangan on May 6th. Mr. Rice to the judge : On the last occasion that I appeared, in April, there was a … ‘slight inconvenience’ where I was dragged out of court on your orders, by the Garda Siochana while making legal submission. While that was happening, apparently someone fixed the date in May. Judge: You wrote to the court service about this? Mr. Rice: Yes, I wrote the next day and I asked for a copy of ALL orders made by you on that occasion to be given to me. I received a reply on May 12th, so I cannot be held responsible for not being in court on May 6th as I was under the impression that I did not have to appear until July 21st. The judge cancelled the bench warrant and adjourned for lunch until 2.35 Court, resumed at 2:44 and Mr. Rice took the stand as a witness. Mr. Cregan: What’s this [holds dictaphone aloft] Mr. Rice: That is my dictaphone. Mr. Cregan: On the night of 7th December 2003, this dictaphone was taken from my person in the car park in front of the Shannon Knights. Where did it come from. Mr. Rice: I had it in my pocket. On the occassion I was being arrested by Mr. O’Brien, there in the suit [points at Det Sgt O’Brien] leaning against a car, you got your pen out to take notes. I had pressed record on the dictaphone, verified the tape was rolling and saw the red record light was on. As I was arrested, I handed it to you and said, “there you go Con” Mister. Fahy was talking to someone on the radio or telephone. I then had my hands held behind me. Mr. Cregan: Det Fahy says that the dictaphone was pushed into his face. Mr. Rice: That is an absolute fabrication and an outright lie. Mr. Cregan: How was he not in position for this to happen? Mr. Rice: At that time, he wasn’t in a position for this to happen, he was mostly inside the car. Mr. Cregan held the dicataphone to my shoulder level [indicates] … with Mr. O’Brien behind me. Mr. Cregan: Is it true that Det. Fahy came up behind me? Mr. Rice: [indicates positions] the care was here… with me against it, and you at about, oh, 30’ angle like so… Mr. Fahy would have been on your blind side. When he saw you were recording questions to Mr. O’Brien, he was all over you like a cat to take it off you. Mr. Cregan: Were you with me in the cell? Mr. Rice : No. I was awaiting a doctor because of injuries sustained during this allegedly lawful arrest. I was put in a downstairs office, with the door open to the corridor. Garda Daly there [indicates] was at the door watching me. I could see the corridor. Mr. Cregan: Was Det Fahy with you? Mr. Rice: In the car, yes. When I was brought to the station, Mr. Daly was with me, while Mr. Daly booked me in, and Mr. O’Brien spoke to me. You were moved to a cell, and I was moved to the office. There were long periods of time when Det. Fahy was not visible to me. Mr. Cregan: Was det Sgt O’Brien visible to you? Mr. Rice: Yes, most of the time, but in relation to Mr. Fahy, I hardly saw him. Mr. O’Brien was at the scene of my release, but not Fahy. I was released under protest as I had not received medical attention and the member-in –charge Brigid Comerford, refused to verify the whereabouts of my dictaphone. Mr. Cregan: Thank you. Please answer the questions of Mr. Kennedy Insp Kennedy: Why did you ask the member in charge about the dictaphone? Mr. Rice: I knew it was the reason Mr. Cregan had been arrested. Insp K.: You are now trying to say you knew Det Fahy had taken it. Mr. Rice: I saw him snatch it in the car park. Insp K.: [becoming very animated] you gave a very specific story regarding the taking of it. Yet you don’t seem specific in your question to Garda Comerford. You weren’t sure who had it. Mr. Rice: I knew well he had it. That’s _why_ I asked her to verify it’s location and she would do no such thing. Insp K.: I don’t believe your testimony Mr. Rice: What part? Insp K.: All of it Mr. Rice: Can you be more specific? What bit do you say is not true? Insp K.: [getting animated again] All of it. I accept none of it. I don’t believe any of it. I don’t believe that you recall it so vividly and give this quality of testimony. Mr. Rice: [dead calm and slow] You have no basis for that statement. You have no way of knowing how well I can recall things, or what quality of testimony I am capable of . however,.. if you wish to test it. Test away. Insp K.: You were offered a doctor or medical assistance. Mr. Rice: I specifically asked the Member-in-Charge for it. Insp K.: And? Mr. Rice: She telephoned and she said he was on his way. Insp K.: Do you recall being released. Mr. Rice: Yes. Insp K.: Do you recall that the member-in-charge asked you if you wanted to wait for an ambulance. Mr. Rice: No, because it never happened. Mr. Cregan [to Judge Mangan] : What relevance is this? Judge Mangan [to Kennedy]: What relevance is this to the dictaphone? Insp K: ,Ah, none. Judge Mangan : Skip it. Insp K.: You heard Det. Fahy’s evidence regarding how he had possession of the dictaphone, testimony given under oath. Mr. Rice: You and I both know that it wouldn’t be the first time that a member of the Garda Siochana had perjured himself. Judge Mangan [to Mr. Rice] : Confine yourself to this case. Mr Cregan [to Judge] : Mr. Rice cannot give evidence as to whether Det.Fahy ‘forgot’ or not. Mr. Rice [to Insp Kennedy]: Are you asking me to rate the credibility of Mr. Fahy’s testimony? Insp K.: I’m challenging your story. In relation to Det. Fahy, you said he made himself scarce. Mr. Rice: From my view.Aye. Insp K.: He said that he went upstairs to the canteen. You were downstairs, so it has no bearing if he was absent. Mr. Rice: When I made the member-in-charge aware that Mr. Fahy had the dictaphone, Mr. Fahy was not brought down. Insp K.: You didn’t know that Det Fahy had it. Mr. Rice: Of course I knew he had it. That’s why I asked the member in charge to verify it’s location, but she did not. Insp K.: Did you see him take it. You didn’t say that earlier in your testimony. Mr. Rice: Yes I did. I said I saw him spring all over Mr. Cregan like a cat to snatch it away from him. Insp K.: That’s all. At this stage Mr. Cregan asked for Det Fahy to be recalled. The time was now 3.10pm. Mr. Cregan: Detective Fahy, is this your statement? [copies handed over] Det. Fahy: Yes Judge Mr. Cregan: So, if I can direct you to the 3rd sentence on page 2, can you read that sentence, down to the 5th sentence below? Det. Fahy: [reads] “At this stage, Conor Cregan came to assist Owen Rice, and I told him not to interfere, and to move away or he would also be arrested. Conor Cregan continued to interfere, and he was trying to break my grip on Owen Rice at the same time, he was holding a dictaphone up to my face. Cregan was shouting “fuck off and leave him alone ye bastards ” I took the dictaphone from Conor Cregan and I arrested him for an offence under section 6 of the Public Order Act” Mr. Cregan: So. “Fuck off and leave him alone ye bastards” And trying to break your grip on Mr. Rice, and at the same time holding a dictaphone to your face? Hmm.. your statement says “holding a dictaphone” and today your testimony is that it was PUSHED into your face. Which is it. Det. Fahy: It was IN my face. Mr. Cregan: So this statement is worthless is it? Det. Fahy: No. Mr. Cregan: the story you tell on the stand is not the story in your written statement. Is this statement true? Det. Fahy: Yes. Mr. Cregan: So, “Fuck off and leave him alone ye bastards ye”. That’s your statement? Det. Fahy: Yes. Mr. Cregan: So, that would have been recorded on the dictaphone if those words had been spoken. Det. Fahy: Yes, if it was working. Mr. Cregan: But if they weren’t on it. That would have been evidence against you of perjury. Det. Fahy: Would be, if it had been working. [at this stage, Mr./ Conor requested a short recess, which the judge sasid he would grant – he was amenable to many breaks during the day, and informed the court, that as the ar conditioning had broken down, that we may dispense with our coats. But he also asked if Mr Cregan would like to take the stand so that the judge could ask him some questions in relation to the dictaphone issue. He didn’t explain what the purpose of this unusual request was, and Mr Cregan declined it, preferring to continue with the prosecution witnessess examination after recess. Mr. Cregan: Judge, I believe that it has been proven here, that I was only arrested to get the dictaphone. Inspector Kennedy has not contested that. I ask you to direct a dismissal of this charge. If not, I would ask that you grant the costs of recovery of the data from the tape, to establish my innocence and Det Fahy’s guilt of perjury. If not, I would ask that you would state a case to the Supreme Court under section 16 of the Courts of Justice Act 1947 for the opinion of the Supreme Court on the question of the recovery of this taped evidence. Judge : I will reserve my position until I have heard the remaining evidence. So, having aired the preliminary issue of the dictaphone and the tape, the prosecution began to set out the case for the actual charge under S. 6 [the time was now 3.34pm] Inspector Kennedy called Det. Fahy to the stand,a nd he was re-sworn. The detective gave evidence on being on duty on Dec 7th, in an unmarked car accompanied by Det Sgt Joe O’Brien, Inspector Kennedy: What were you doing? Det Fahy: a mobile patrol in the car park. A car pulled out, with no lights on. Mr Rice jumped out, took a photo of me and Det. O’Brien I was still in the driver’s side of the car. I could see Owen Rice becoming aggressive so I got out of the car and went to the front of the car. At that stage Dt Sgt O’Brien was showing his official I.D. to Owen Rice. D.Sgt O’Brien asked Owen Rice to leave in an orderly fashion. Mr.Rice then became aggressive and was arrested. Judge : Do the charges relating to Owen Rice, relate to the same date? Insp. Kennedy: four charges do. Judge: Does Mr. Rice object to a simoultaneous trial? Mr. Rice: Yes, judge, I do [see later reference to Supreme Court motions] Judge : Okay. Insp. Kennedy: Mr. Rice is not on trial here today. Please confine yourself in chief to the behaviour of Mr. Cregan Det. Fahy: [inaudible answer] Mr. Cregan: Could you speak up please detective. Det. Fahy: Mr. Cregan tried to break my grip on Mr. Rice and held a dictaphone to my face. I then arrested him under s.6 of the Criminal Justice (Public Order Act) 1994 Insp. Kennedy: At what time did this occur? Det. Fahy: 1.15 am Insp. Kennedy: Were there people around? Det. Fahy: there were people around Supermacs and the Shannon Knights pub Insp. Kennedy: Where did Mr. Cregan come from? Det. Fahy: From the passenger side of the car. Insp. Kennedy: Tell the court about Mr. Cregan’s behaviour. Det. Fahy: Mr. Cregan didn’t become aggressive until Mr. Rice was arrested. He said “fuck off ye bastards” and he tried to break my grip on Mr. Rice” I took him to the Garda station. Insp. Kennedy: did you need help? Det. Fahy: No. In fairness, he was not aggressive after that. I explained his arrest to the Member-in-Charge. Searched him, Insp. Kennedy: what did you recover? Det. Fahy: I recovered items of property which I placed on the table. Insp. Kennedy: Please answer the questions of Mr. Cregan [time now 3.42pm] Mr. Cregan: Garda Fahy, this again is your statement [holds aloft the statement]. You say it is true? Det. Fahy: Yes. Mr. Cregan: Is it a false statement? Det. Fahy: No Mr. Cregan: Is it a full statement? Det. Fahy: Yes. Mr. Cregan: you say Mr. Cregan came to assist Mr. Rice. How? Was it moral support? Det. Fahy: He was pulling on my arm. Mr. Cregan: Which arm? How? Det. Fahy: I was holding Mr Rice, ah, and he gripped my arm and said… Mr. Cregan: Sorry Garda Fahy, would you answer the question, or would you raise whichever arm it is you say that I grabbed. Det. Fahy: it was the right one. Mr. Cregan: Owen Rice already testified that you were standing to the right of him. [indicates positions] How could I reach your right arm? Det. Fahy: I don’t agree Mr. Cregan: [reads from statement] “I told him not to interfere, and to move away or he would also be arrested. Conor Cregan continued to interfere, and he was trying to break my grip on Owen Rice at the same time, he was holding a dictaphone up to my face. Cregan was shouting “fuck off and leave him alone ye bastards ” Is it your testimony that you said that Det. Fahy: I told Mr. Cregan not to interfere. Mr. Cregan: I say that you never said that, because I was not interfering with the arrest. Now, you also say that Mr. Cregan shouting “fuck off and leave him alone ye bastards ” and you arrested him. Do you have any witness to this? Det. Fahy: Yes. Det Sgt. Joe O’Brien Mr. Cregan: Any other witnesses? Any members of the public? Det. Fahy: No Mr. Cregan: Because no one else heard it. BECAUSE I NEVER SAID IT !! Judge: there’s no need to shout. Don’t get emotional Mr.Cregan: Sorry Judge. Det Fahy. You allege that I said “fuck off and leave him alone ye bastards”. Sure you’ve had that said to you before. Would it be correct to say that you don’t arrest everyone who says this to you. Det. Fahy: Yes. Mr. Cregan: I tell you that I didn’t say that, and that you have no independent witnesses. Did you look for any witnesses? Det. Fahy: Yes. Mr. Cregan: Who? Det. Fahy: The bouncer at the Knights Mr. Cregan: What’s his name? Why isn’t he here? Why isn’t his name in your statement or notebook? Det. Fahy: Forgot to note it. Mr. Cregan: Wouldn’t it be proper procedure to write down his name? Det. Fahy: He didn’t say anything Mr. Cregan: He didn’t say anything. Where was he standing? How close? Det. Fahy: about from here to that door [points to door about 30ft away] Mr. Cregan: I’d say half that distance. If I had shouted, he would have heard it. I shouted a little earlier in court, and you all heard it. Sorry if it upset you judge Judge : I heard it. Det. Fahy: [answer not heard] Mr. Cregan: No-one from the general public was intimidated, upset by this shouting or felt abused? Det. Fahy: No judge Mr. Cregan: Assaulted? Det. Fahy: No Mr. Cregan: Did you seek to see if anyone thought my behaviour was reckless? Det. Fahy: No. Mr. Cregan: did anyone come forward afterwards to say such things? Det. Fahy: No. Mr. Cregan: because I wasn’t causing a breach of the peace on Dec 7th 2003. Det. Fahy: Not true. Mr. Cregan: So, you say, so you would have this court believe. Why should the court take the word of a detective who doesn’t give in all the evidence or seek witnesses? Det. Fahy: matter for the court Mr. Cregan: What was the charge? Det. Fahy: s.6 threatening, abusive language Mr. Cregan: Is there not also a charge of interefering, and of not taking the direction of a garda? Why were these charges not made. Det. Fahy: I would have had to tell Mr Cregan there were penalties involved. Mr. Cregan: Because section 6 is a catch all, a Saturday night charge, and it was convenient to arrest me on this because there was no crime. What hand did I have up that I was trying to grab you, break your grip with? Det. Fahy: the right one. Mr. Cregan: Was the dictaphone not in my right hand? Det. Fahy: No Mr. Cregan: didn’t I have a book in my left hand? [holds up large red book] And the dictaphone in my right hand [holds dictaphone] my hands were full. Didn’t you snatch the dictaphone from my right hand? Det. Fahy: [inaudible] Mr. Cregan: I was conveyed to the Garda Station. How many were in that car. Det. Fahy: [inaudible] Mr. Cregan: If I was aggressive, trying to free Mr. Rice, would I not be aggressive to free myself? … [no answer] Haven’t I an independent mind? Det. Fahy: Yes. Mr. Cregan: Did you take the book off of me? Det. Fahy: No. Mr. Cregan: did you copy anything from this book? Det. Fahy: I don’t recall any book. Mr. Cregan: So what happened to the book in custody? To all my property? Det. Fahy: Given to member in charge Mr. Cregan: that’s not true is it? Det. Fahy: Apart from the dictaphone Mr. Cregan: And at any stage did the Member-in- Charge, Brigid Comerford ask for the dictaphone? Det. Fahy: I don’t recall that. Mr. Cregan: did you give her the book? Det. Fahy: No. I don’t recall there being any book Mr. Cregan: There’s no record of the book in the custody record Det. Fahy: correct. Mr. Cregan: No mention of a red book. Det. Fahy: that’s right. Mr. Cregan: Why is this not in the custody record? First of all, it was all my property except the dictaphone, and now another item, this large red book. Det. Fahy: I have no recollection of any book. Mr. Cregan: Ah, you’re beat. You’re beat. It’s mentioned in another Garda statement that I was writing in a book. What happened the property Det. Fahy: You were searched and your property was put before the member-in-charge who logs it. Mr. Cregan: so you do have procedures then. Det. Fahy: Yes. Mr. Cregan: So you failed to put the book before the member in charge. You signed the statement, and you say it is a true statement. Det. Fahy: Yes Mr. Cregan: If it’s not true, that would be perjury, yes? Det. Fahy: A deliberate lie, yes. Mr. Cregan: And you could and should be prosecuted for it yes? Det. Fahy: Yes. Mr. Cregan: [It is now 4.05pm and the judge orders a recess, returning at 4.19 having made further inquiries regarding the air conditioning system.] Inspector Kennedy calls Det. Sgt Joe O’Brien of Abbey Street Garda Station, Ennis to the stand. He gave evidence of being on duty on 7th Dec 2005 in the same car as Det Garda Jarlath Fahy Insp K: You principally dealt with Mr. Rice, but his case is not on here today, so in relation to Mr. Cregan, what can you tell us. DS. JOB : I was arresting Mr. Rice. I was behind him. Mr. Cregan came between Owen Rice and Det Fahy to interfere. He used some abusive language, I don’t’ recall the word,s and I haven’t noted them. He was arrested Insp K: What was his demeanour? DS. JOB : Agitated. He didn’t want us to take Owen Rice. Insp K: Was there activity, were there people in the area? DS. JOB :There was a fair amount of people in the car park Insp K: And at the Garda Station, tell us what happened in relation to Mr. Cregan DS. JOB : I had no dealings with him really. Det Fahy was dealing with him. Insp K: What was the length of time in the car park? DS. JOB : A few minutes. Insp K: And Det Garda Fahy? DS. JOB : He radioed for assistance. He helped me put Owen Rice in the car. Mr. Cregan used abusive language. I don’t recall them. Insp K: please answer the questions of Mr. Cregan. [now 16.24pm] Mr. Cregan : You heard Det Fahy’s testimony? DS. JOB : Yes Mr. Cregan : Do you agree with it DS. JOB : Yes. Mr. Cregan : Do you agree that if he perjured himself he should be prosecuted? DS. JOB : Yes. [at this point the judge had another 2minute recess, but we didn’t quite hear why] Mr. Cregan : So, you agree with Det Fahy saying that he should be prosecuted if his testimony is perjurous? Judge : That’s a question of law. The witness is here to address the facts. Mr. Cregan : [holds aloft another statement and gives copies] Is this your statement? DS. JOB : Yes. Mr. Cregan : Is is a true statement? DS. JOB : Yes Mr. Cregan : When did you write it? DS. JOB : Should be on statement Mr. Cregan : Says Sunday 8th. What time? DS. JOB : Don’t recall Mr. Cregan : the next day. Do you know Shannon town well DS. JOB : Reasonably well Mr. Cregan : Where is the Shannon Knights pub? DS. JOB : It’s in the centre of Shannon. Mr. Cregan : What was Mr. Cregan arrested for? DS. JOB : Section 6, standard arrest. Mr. Cregan : Standard arrest… usually used on Saturday nights for drunken brawling etc. DS. JOB : I’m in plain clothes, I usually don’t get involved in public order cases. Mr. Cregan : But you’re familiar with the Public Order Act? DS. JOB : Yes. Mr. Cregan : Why did you say “Mr. Cregan didn’t want the Garda Siochana to take Owen Rice” DS. JOB : because you came in the same car, because he’s your friend. Mr. Cregan : Is it possible that I didn’t want him arrested because I believed that the arrest was unlawful? DS. JOB : I believe it was lawful Mr. Cregan : that’s not what I asked you. Is it possible that Mr. Cregan didn’t want MR. Rice arrested because Mr. Cregan believed that the arrest was unlawful? DS. JOB : It’s a possible reason Mr. Cregan : I put it to you that I didn’t try to stop the arrest. I took out my book [holds book] to write notes, Owen Rice then gave me a dictaphone to record the arrest. I put it to you that’s why I was there DS. JOB : No, you tried to break Det Fahy’s grip. Mr. Cregan : What’s this [holding book in left hand] DS. JOB : A book Mr. Cregan : For? DS JOB: writing in Mr. Cregan : What’s this [holding dictaphone in right hand] DS JOB: A dictaphone Mr. Cregan : For? DS JOB: recording. Mr. Cregan : Yes, that’s right. So, when you were holding Mr. Rice, he gave me a dictaphone. DS JOB: I don’t recall that Mr. Cregan : what was I doing with the dictaphone? DS JOB: Holding it close to Det Garda Fahy’s face Mr. Cregan : In his mouth? DS JOB: I was busy with Mr.Rice Mr. Cregan : You were holding Mr. Rice when Det Fahy radioed for help. You say I tried to break his grip. Which hand did I use? DS JOB: I don’t know which hand. [exhange missed] Mr. Cregan : We established that the Garda car was next to the Shannon Knights. Which side of the car were you in? DS JOB: Left side Mr. Cregan : Opposite to Det Fahy? DS JOB: Yes, he came out to assist. The patrol car came on the scene then Mr. Cregan came out. Mr. Cregan : Your statement is that I approached you while Det Fahy was on the radio. DS JOB: No, Det Fahy was out by then. Mr. Cregan : C’mon… how fast is he? Is he flash gordon? Is he superman, is the that fast? [no answer given] Mr. Cregan : How could Mr. Cregan prevent you from putting Mr.Rice in the car? DS JOB: I was holding onto Mr.Rice for dear life. Mr. Cregan : you’d given up and were waiting for back up. DS JOB: No. Mr. Cregan : Owen Rice had kicked the back door closed. Why didn’t Det Fahy open the door for you again? … [no answer] … I had a book and a dictaphone. DS JOB: I never saw the book. Mr. Cregan : I had my hands full [holds book and dictaphone in either hand] DS JOB: No. Mr. Cregan : Did Mr. Cregan speak to you? DS JOB: I have no note of that Mr. Cregan : Why not? DS JOB: I was dealing with Mr. Rice Mr. Cregan : In your NOTES you mention my arrest, why don’t you mention my alleged abusive language? DS JOB: Didn’t record it at the time. Mr. Cregan : Because it didn’t happen. Your statement says “Fuck off ye bastards and let my friend go”, but these words are not in your notebook. Isn’t that correct? Is that in your notes DS JOB: I don’t have it noted in my notebook Mr. Cregan : Because it didn’t happen. Did you write your notes with Det Fahy DS JOB: No Mr. Cregan : Did you write your statement with Det Fahy? DS JOB: No. I don’t know when Det Fahy made his notes. Mr. Cregan : Didn’t I ask you for your name DS JOB: I don’t’ recall Mr. Cregan : This tape, if we recover the audio data, has me asking 3 times for your name DS JOB: I showed my official ID Mr. Cregan : You’re a higher rank thank your colleague Det Fahy DS JOB: Yes. I’m a Det Sgt, a higher rank. Mr. Cregan : Are you not disappointed that your underling did not enter evidence into the custody record? DS JOB: I accept that correct procedure would be… Mr. Cregan : Not what I asked DS JOB: I accept that correct proc… Mr. Cregan : That’s not what I asked you Det Sgt. DS JOB: I’m disappointed that he didn’t think to enter it . Mr. Cregan : Can you tell me the name of the bouncer? DS JOB: No. I didn’t go near the bouncer.I went to Supermacs seeking footage from their CCTV. Mr. Cregan : Who did you speak to there DS JOB: A polish girl I think, I didn’t get a name. There’s no CCTV at Supermacs showing the outside Mr. Cregan : There is a CCTV camera at Supermacs showing the car park DS JOB: Not showing the car park. Mr. Cregan : did you see it? DS JOB: Yes Mr. Cregan : but you’ve no written record? DS JOB: No Mr. Cregan : Where was Mr. Rice’s car? DS JOB: Near the Knights pub Mr. Cregan : Not outside supermacs? DS JOB: The CCTV shows the area around the outside of the door. Mr. Cregan : I’ve seen that camera, it points out. It shows loads. It might show people’s heads turning towards the car park, show who was around. Why was this CCTV not provided? DS JOB: Didn’t show the car park. Contained no evidence Mr. Cregan : Isn’t it for the court to decide the evidence? DS JOB: It’s for us to collec evidence and bring it to the court. Mr. Cregan : Did you mention it to the DPP? DS JOB: No Mr. Cregan : Why not? DS JOB: It’s a summary matter Mr. Cregan : What does that mean, a summary matter? DS JOB:Eh, there’s people here better qualified to explain that than me Judge : he’s saying he deemed it to be a relatively minor case. Mr. Cregan : So when you were collecting evidence, what did you collect? DS JOB: Statements from the members of an Garda Siochana who were involved. Mr. Cregan : Did you collect statements from the public? DS JOB: No. Mr. Cregan : Did you ever notice this sign in Shannon [holds up a sign that reads something like “Did you witness an incident in the Shannon Knights car park on 7/12/03 at … o clock. Please contact Conor Cregan at …. Or Owen Rice” DS JOB: I’m not based in Shannon. Mr. Cregan : Why were you there that night then? DS JOB: I was on duty for an Anti-War protest Mr. Cregan : When did your shift start? DS JOB: at 2pm Mr. Cregan : and you were still on duty at 1.10am? DS JOB: It was a long shift Mr. Cregan : What time did you go to supermacs? DS JOB: I don’t recall Mr. Cregan : and you didn’t note it. Why? Were you very tired? DS JOB: No Mr. Cregan : Irritable DS JOB: No Mr. Cregan : What was your demeanour or mood? DS JOB: I don’t recall Mr. Cregan : I do. Did you go to Supermacs after work? DS JOB: Don’t recall Mr. Cregan : at 3am? 4am? DS JOB: Don’t recall Mr. Cregan : What time does Supermacs shut? DS JOB: I don’t know Mr. Cregan : I brought witnesses. I put up this sign [holds up sign again] why didn’t you seek statements from members of the public? DS JOB: [not heard] Mr. Cregan : I say you didn’t seek public witnesses because you didn’t want them contradicting your statement. DS JOB: No. the statement is true. Mr. Cregan : The public would have contradicted your statement and shown perjury. No one came forward and said they’d felt intimidated, or saw reckless behaviour. Isn’t that right? DS JOB: Right. Mr. Cregan : Because I was not abusive or insulting and I was merely there with this book [holds up book] and this dicataphone [holds up dictaphone in other hand] to record the arrest. [witness is dismissed. It is now 5.02pm] The next witness was Sgt Mike Harran He gave details of being on duty on the night in question with Garda Daly and Garda Culliton. He said that they received a call from “Charlie Five Eight” the car of Detective Sgt O’Brien and Det Fahy, who radioed that they needed assistance with a prisoner. Sgt Harran said that he saw two members struggling with Mr. Cregan and another man, whom they were trying to get into a car. He said he saw a struggle between four people but couldn’t say who was struggling with whom. Insp K: did you come back to the Garda Station with Mr.Cregan? Sgt Harran: No. Insp. K. : Did you see him later Sgt Harran : In the public office of the Garda Station. I heard some information about a dispute regarding property, but I wasn’t told anything about it. Insp. K : Please answer the questions of Mr. Cregan [it is 17:05] Mr. Cregan : Are you stationed in Ennis? Sgt Harran : Yes Mr. Cregan : Do you know D.Sgt O’Brien and D.Garda Fahy? Sgt Harran : Yes Mr. Cregan : did you make or see their statements, or moke notes with them? Sgt Harran : No. I made my notes by myself. Mr. Cregan : Is this your statement Sgt Harran : yes Mr. Cregan : [reads] “On arrival I saw D.Sgt Joe O’Brien and Detective Garda Fahy struggle with Owen Rice and Conor Cregan” . How were they struggling? Sgt Harran : Trying to hold on to them Mr. Cregan : D. sgt O’Brien said he was holding Mr. Rice Sgt Harran : I can’t say who was holding who. Mr. Cregan : Who was holding Mr. Cregan? Sgt Harran :I can’t say who was struggling with whom. Garda Culliton went to D.Sgt O’Brien, I went to Det Fahy Mr. Cregan : how long did it take you to get there? Sgt Harran : We arrived at 1.15. It took 2 minutes to get to the scene. Mr. Cregan : Where were you sitting? Sgt Harran : In the back of the patrol car Mr. Cregan : by what entrance did you come into the car park? Sgt Harran : by the side beside the Knights Mr. Cregan : So, the two men sitting in front had a better view. Sgt Harran : probably Mr. Cregan :and the time between the radio call and arrival was less than 2 minutes Sgt Harran : Yes. Mr. Cregan : and the time to get out of the car? Sgt Harran : I don’t time myself getting out of cars, a few seconds to get out and get over to the scene. Mr. Cregan : and in these seconds you saw Owen Rice, Conor Cregan, Det. Sgt Joe O’Brien, and Det. Fahy? Sgt Harran : Yes Mr. Cregan : Then you saw Owen ice running towards his car and get into his car? Sgt Harran : Yes Mr. Cregan : did you see other people? Sgt Harran : Yes. Mr. Cregan : Did they make complaints? Sgt Harran : Not to me. Mr. Cregan : did you interview them? Sgt Harran : No Mr. Cregan : So, driving at high speed to respond to this minor incident, you … Sgt Harran : I wasn’t driving. Mr. Cregan : I put it to you that there are things in your statement that are not true Sgt Harran : it’s true Mr. Cregan : I didn’t struggle. I had a book in one hand and a dictaphone in the other [holds both] Was I struggling? Sgt Harran : yes Mr. Cregan : No. Was I arrested at this stage? Sgt Harran : [not heard] Mr. Cregan : Because, Det. Fahy said that when I was arrested, I had – all of a sudden – stopped struggling. I put it to you thatyou didn’t arrive until Mr. Rice was in the car, and I was arrested standing up. [It’s now 5.15] Garda Culliton is called and sworn. He was based in Shannon at the time, but has since been transferred. Insp K. : You were on duty on the 7/12/2003 with Garda Harran and Garda Daly. What did you see, principally in relation to Mr. Cregan? Garda Culltn: He had been arrested by D.G Fahy as we arrived. I didn’t see him offer any resistance. Insp K. : And on the way to the Garda Station? Garda Culltn: I sat beside him. He didn’t say much Insp K: Please answer the questions of Mr. Cregan [it’s now 7.17] Mr. Cregan: You say you didn’t see me offer resistance. Garda Culltn: No. Mr. Cregan: Where in the patrol car were you sitting when you arrived? Garda Culltn: Front passenger. Mr. Cregan: . So you would have had a better view than Garda Harran in the back Garda Culltn: Yes. Mr. Cregan: . did you talk to me Garda Culltn: No Mr. Cregan: . Why was there no verbal contact? Garda Culltn: As I recall you were writing in a book as we were going the station. Judge [to Mr. Cregan] : It’s a matter for you to decide, but this witness has not incriminated you, you don’t need to pursue this line, if it may incriminate you. Mr. Cregan: . That’s okay Judge. You say there was no struggling. Garda Culltn: correct Mr. Cregan: .Where did you first encounter Mr. Cregan? Garda Culltn: In the car park after he had been arrested, standing with Det Fahy. Mr. Cregan: .And my demeanour? Garda Culltn: You were quiet. Mr. Cregan: Thank you Garda [ Time is 5.20pm] Inps Kennedy then called Garda Daly to the stand. He testified that he was on duty with Sgt. Harran and Garda Culliton on the night in question. Insp K. : Can you tell us, in relation to Mr. Cregan, what you observed? Garda Daly: I drove the garda patrol car to the scene, I saw Mr. Cregan was under arrest, as I saw it, satanding with Det. Fahy. When I was satisfied that Det. Fahy didn’t need assistance, I went to assist with Det. Sgt O’Brien with Mr. Rice. Insp K. : And Mr. Cregan? Garda Daly: I saw no resistance from him. He was placed in our car with Garda Culliton. I didn’t see much of him on the way to the station, as I was driving and couldn’t look back, but I knew he was in the car. Insp K. : Did you see any book? Garda Daly: No. Insp K: Please answer the questions of Mr. Cregan [ 5.21pm] Mr. Cregan: You were stationed at Shannon at the time? Garda Daly: Yes. Mr. Cregan : You’ve since been transferred? Garda Daly : Yes. [stands down] Inspector Kennedy calls Garda Brigid Comerford to the stand at 5.22pm . She confirmed that she was on duty in Shannon Garda station as the member-in-charge on the night in question. Insp K : Will you tell the court what happened? Gda Cford: I was informed by Det. Fahy that he had arrested the prisoner under section 6 of the public order act. Insp K : You completed the custody record? Gda Cford: Yes, I completed it. Insp K : What happened? Gda Cford: The prisoner arrived at 1.19 am with Det Fahy. Det Fahy asked him his name, date of birth and address. Det Fahy informed me of the charge, the time and location of the arrest. I asked Mr. Cregan if he wanted to contact a solicitor. He gave the number of a Shannon legal support. Insp K : In relation to property, entries were made in the custody record. Gda Cford: Yes. Insp K : Was there any mention of a red book? Gda Cford: There was no mention of a red book. Insp K : Was there a mention of a dictaphone? Gda Cford: There was no mention made of a dictaphone on 7th Dec 2003. Insp K : Regardign the relase from custody, at what stage did the dictaphone come into it? Gda Cford: It was not mentioned. Insp K : please answer Mr. Cregans questions. [5.25pm] Mr. Cregan: Garda Comerford, In your statement, you say that at 1.19am Det Fahy arrived with the prisoner. Gda Cford: Yes. Mr. Cregan: Who brought the prisoner to the station? Gda Cford: I don’t know, but Det Fahy was in the station. Mr. Cregan: So it wasn’t Det Fahy who brought me to the station. Gda Cford: [reply missed] Mr. Cregan: But you were in the office when Mr. Cregan arrived. Gda Cford: So was Det. Fahy. Mr. Cregan: But Det. Fahy didn’t travel with me. Gda Cford: Det. Fahy introduced the prisoner to me. Mr. Cregan: The prisoner had already been in the station some minutes, did you see the prisoner. Did you ignore the prisoner? Gda Cford: No Mr. Cregan: Did you speak to the prisoner? Gda Cford: Yes Mr. Cregan: I put it to you that you did see me before Det Fahy introduced me to you. Gda Cford: No Mr. Cregan: But Det Fahy arrived later with Mr. Rice Gda Cford: Both prisoners arrived at the same time. Mr. Cregan: So you say. Det Fahy said that it was your responsibility to list the property of a detained person. Do you feel compromised that the dictaphone was not given to you? Gda Cford: I had no knowledge of any dictaphone. Mr. Cregan: And not to do this would be a breach of regulations? Gda Cford: Yes. I would have listed all that I had been given. Mr. Cregan: So it was a breach of the rules and regulations not to give it to you Gda Cford: Yes. Mr. Cregan: So it wasn’t a good arrest Gda Cford: I wasn’t present at the arrest. Mr. Cregan: Did you ask Detective Fahy if this was all the property? Gda Cford: No Mr. Cregan: Why not? Gda Cford: I only noted what he told me. Mr. Cregan: Would it not be prudent for you to ensure all the property was in the custody record. Gda Cford: [ ] Mr. Cregan: Is it not your job to make sure that the arresting officer has presented al the evidence and property for the record? Gda Cford: Yes. Mr. Cregan: Why didn’t you do this? Why didn’t you ask? Gda Cford: Possibly I did. Mr. Cregan: And if you possibly did, what did he say, if you jogged his memory? Gda Cford: I don’t recall Mr. Cregan: Why is Mr.Cregan not mentioned in your notebook? Gda Cford: I made a note of the other prisoner. Mr. Cregan: Why did you not make a note of Mr. Cregan? Gda Cford: I felt there was no need. Mr. Cregan [to judge] : Judge, I ask that you dismiss this case on the grounds that no evidence has been provided of a breach of the peace, and no warning of an arrest. If I may read to you the ruling of Chief Justice Laffoy in the review of the case of the DPP v Galligan, 2nd November 1995. Justice Laffoy stated three necessary conditions for a charge of behaviour likely to lead to a breach of the peace. That there should be evidence that : 1- The accused was warned that his/her behaviour could lead to a breach of the peace 2- The accused be given the opportunity to desist from said behaviour 3- The accused was informed of the fact if the accused failed to comply with the direction of the Garda, he/she would be committing a criminal offence, and that charges and penalties would apply Plus, we have quite a lot of conflicting evidence. Judge : In what way conflicting? Mr. Cregan : Det O Brien said I was trying to de-arrest Mr. Rice, and when Mr. Rice was de-arrested, I stopped. Sgt Harran says I was in a melee, but the two Shannon Gardai in the car with him saw no melee. Judge : I hold that there is a case to answer. We’ll resume in 10 minutes. [5.38] Court resumes at 6pm. Mr. Cregan calls Mr. Foley to the stand. Mr. Cregan: Mr. Foley, would you please explain to the court, how on the night of 7th 12December 2003, you witnessed something. Mr. Foley: About 1pm that night, I saw Mr. Cregan and another man. outside supermacs, I saw something happen. Mr. Cregan: how far away were you? Mr. Foley: less than 30 yds. Mr. Cregan: What did you see? Mr. Foley: I saw four people there. Mr. Cregan: Did you see anyone taken away Mr. Foley: Yes. Mr. Cregan: did you hear anyone shouting “Fuck off ye bastards”? Mr. Foley: No Mr. Cregan: And you were close Mr. Foley: Yes Mr. Cregan: How many people took me. Mr. Foley: One or two. Mr. Cregan: thank you, please answer the questions of Inspector Kennedy. [6.03 pm] Inspector Kennedy asks Mr. Foley his address, and it is given. Insp K: . Do you know Mr. Cregan? Mr. Foley: No. Insp Kennedy: What did you see? Mr. Foley: I saw Mr. Rice walking quickly to his car saying “I don’t know who these people are” Insp Kennedy: What else did you see? Mr. Foley: I saw a dispute, I didn’t see pulling or shouting. Insp Kennedy: Did you see the Garda Siochana? Mr. Foley: When the patrol car came, I realised that it was the Gardai involved. Insp Kennedy: How did you come to be here today. Mr. Foley: that night I stayed in a friend’s house in Shannon, and the next day I was walking to the shop and Owen Rice stopped me to ask where the shop was. I recognised him from the night before ans asked him about the incident. Insp Kennedy: Wasn’t that fortuitous? Mr. Foley: What? Insp Kennedy: When did you meet him? Mr. Foley: About 10 am, the morning after. Insp Kennedy: Wasn’t it very fortuitous, that you did? [Mr. Cregan objects to this but is over ruled] Insp Kennedy : I say that you were not there at Supermacs. Mr. Foley: I was there, I went to the disco with a number of friends. Insp K: Thank you [ 6.05] Mr. Cregan called Mr. Cunningham to the stand. Mr. Cregan: I would ask you to tell the court if you were at the Shannon Knight’s car park on the 7/12/2003 Mr. Cunningham: Yes Mr. Cregan: Did you see me there? Mr. Cunningham:Yes. Mr. Cregan: how did you come to be there? Mr. Cunningham: I left the GAA club with my friends, heading ot the Knights. I saw Mr. Cregan . I saw a car parked, and what appeared to be two men who had ambushed Mr. Cregan, at the side of a car. I didn’t know they were Guards, so I asked Mr. Cregan “are you okay?” and one of the men came at me and told me to “Fuck off and mind my own business and Fuck off”. I now know that man to be… [looks around and sees Det. Fahy, now sitting right at the back corner of the court. ] Det Fahy, isn’t that right? [Det Fahy acknowledges with a nod] he was actuall spitting angry, he was that angry. And it was only after that did he say he was a Garda. Mr. Cregan: It’s said at this stage that I was wrestling. Mr. Cunningham: No. Mr. Cregan: Did you see a row? Mr. Cunningham: No. I heard Gardai shouting as you were leaning against the car. Mr. Cregan: Please answer the questions of Insp. Kennedy Insp Kennedy asks the witness for his address, which is given. Insp. K: Do you know Mr. Cregan Mr. Cunningham: I think we went to the same primary school… [to Conor] is that right? [to Insp K] I hadn’t seen him in years though. Insp. K: Your not an independent witness. You’re his friend. Mr. Cunningham: I’m not his friend. We went to the same primary school. Insp. K: You said that Mr. Cregan was ambushed. Describe that. Mr. Cunningham: It would probably be easier if I stood up to show you the positions. [stands and indicates as he talks] - Mr. Cregan was bent back, like this, with the garda, as I know now he was, pinning him to the car like this, kind of blocking him from moving. Insp. K: So the Garda had your friend pinned? Mr. Cregan: Judge, I object, th http://www.indymedia.ie/attachments/feb2004/the_judge_copy.jpg




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