VZCZCXRO4622
RR RUEHAG RUEHDF RUEHIK RUEHLZ
DE RUEHDL #0891/01 2100528
ZNR UUUUU ZZH
R 290528Z JUL 06
FM AMEMBASSY DUBLIN
TO RUEHC/SECSTATE WASHDC 7288
INFO RUEKJCS/SECDEF WASHDC
RUCNMEM/EU MEMBER STATES

UNCLAS SECTION 01 OF 02 DUBLIN 000891 
 
SIPDIS 
 
SIPDIS 
 
E.O.  12958: N/A 
TAGS: MARR PGOV PTER KJUS IZ EI
SUBJECT: SHANNON FIVE FOUND NOT GUILTY 
 
Ref: Dublin 1372 from 2005 and previous 
 
¶1. (SBU) Summary: On July 25, a jury found five anti-war 
protesters not guilty of criminally damaging a U.S. 
aircraft at Shannon Airport on February 3, 2003.  In an 
unprecedented decision, Judge Miriam Reynolds allowed the 
accused, who had pleaded not guilty, to argue that they 
had a "lawful excuse" to cause damage, as they believed 
they were acting to protect lives and property in Iraq. 
The verdict, legal implications of which remain unclear, 
was greeted with surprise from most commentators. The 
Ambassador raised his concerns on the issue with the 
Foreign Minister and the Secretary General of the 
Department of Justice.  The DCM and POL/ECON Chief 
followed up at senior levels of the foreign and justice 
ministries.  GOI officials were surprised by the verdict, 
but said that because the verdict was made by a jury, not 
by a judge, it does not establish a new legal precedent. 
They assured the Ambassador of continued U.S. access to 
Shannon.  Senator Brendan Daly (Fianna Fail) has raised 
the case with the Attorney General and signaled his 
intent to request the Director of Public Prosecutions to 
take the case to the Court of Criminal Appeal.  Post 
would appreciate Washington's views on whether the USG 
could press charges against the five in a U.S. court. 
Anti-war organizers, emboldened by the jury's decision in 
this case, are organizing a major protest at Shannon on 
September 23, and declaring a long-term strategy of 
"shutting Shannon down until it is demilitarized."  We 
will continue to press the GOI hard to protect U.S. 
interests and property.  End summary. 
 
 
The Case 
-------- 
 
¶2.   (SBU) On July 25, five anti-war protesters, the so- 
called "Fab Five" or "Shannon Five," were found not 
guilty at Dublin Circuit Criminal Court of criminally 
damaging a U.S. aircraft at Shannon Airport on February 
3, 2003.  The five admitted to having used hammers and an 
axe to damage the front, side and rear of a C48 U.S. Navy 
supply plane, but argued that they had a "lawful excuse" 
for doing so, as they believed they were acting to 
protect lives and property in Iraq.  In an unprecedented 
decision, Judge Miriam Reynolds allowed the use of this 
defense.  The five were Ciaron O'Reilly (46), an 
Australian national, Nuin Dunlop (34), a U.S. citizen, 
Karen Fallon (35), a Scottish national, and Irish 
citizens Damien Moran (26) and Deirdre Clancy (36), all 
members of the self-titled "Pitstop Ploughshares."  The 
jury deliberated for four-and-a-half hours to reach its 
unanimous decision on day twelve of the trial. 
 
 
Judge allows use of unprecedented defense 
----------------------------------------- 
 
¶3.   (U) The verdict is seen by many commentators as 
being influenced by the decision of Judge Reynolds to 
allow the accused to use the defense of "lawful excuse." 
This defense allows for damage to property when the 
persons doing the damage honestly believe they are 
protecting lives, and when this belief is reasonable in 
the circumstances.  Although not allowed by the judges in 
the previous two trials (because the lives allegedly 
being protected were so remote and/or the actions so 
insignificant), Judge Miriam Reynolds ruled, following 
lengthy legal argument, that the defense could be used. 
(Note: Post is seeking an interpretation of the ruling 
from both the Department of Justice and Department of 
Foreign Affairs.) 
 
 
Reaction 
-------- 
 
¶4. (SBU) Since the decision, Post has received numerous 
telephone calls from the public, including media 
contacts, mostly expressing surprise at the verdict. 
Senator Brendan Daly (Fianna Fail) contacted the Attorney 
General in relation to the case, signaling his intent to 
request that the Director of Public Prosecutions (DPP) 
take the case to the Court of Criminal Appeal.  There 
have been calls from some groups, including the Irish 
Anti-war movement and the Socialist Workers Party, to 
protest at Shannon on September 23.  In response, one of 
the five, Ciaron O'Reilly, said the Catholic Worker 
movement would take the next two weeks to analyze how 
many people would be needed to "shut Shannon Down until 
it is demilitarized."  He indicated that the Catholic 
Workers movement would be interfacing with student 
 
DUBLIN 00000891  002 OF 002 
 
 
organizations, anti-war groups, and church groups in 
Ireland and internationally to this end. 
 
 
Comment 
------- 
 
¶5. (SBU) Post is focused on deciphering the legal 
implications of this verdict and pushing the GOI to take 
action to protect U.S. interests and property.  Initial 
legal opinion indicated it is unlikely the five can be 
tried again on these charges as they were acquitted by a 
jury, and under Irish law, an accused is protected from 
double jeopardy.  As media commentators have pointed out, 
this novel defense could justify a gamut of violent 
crimes.  For example, the damaging of a vehicle could be 
justified, if a person believed the owner of the vehicle 
was a danger to life, and the action of damaging the 
vehicle would save lives.  GOI contacts do not plan to 
comment publicly on this case, but have expressed 
sympathy and willingness to address the issue.  They have 
also reassured post as to Shannon Airport's continued 
availability to U.S. military transits.  This verdict has 
given anti-Iraq war protestors renewed vigor, but we 
seriously doubt that planned action to shut down U.S. 
military operations at Shannon will amount to anything. 
 
 
 
KENNY