By:
Niall Harnett - Indymedia
Shell to Sea Protesters were Unlawfully Detained by An Garda Síochána within Shell Compound for 'operational reasons' which did not satisfy Judge.
On Thursday 25th March 2010 at Belmullet District Court, charges against 9 Shell to Sea protesters were withdrawn or dismissed by Judge Gerard Haughton, because the '9' had been unlawfully detained following their arrest and they were not brought to court 'as soon as practicable', amounting to a 'conscious and deliberate violation of their constitutional rights'.
In the 'test' case of Mr Eoin Lawless, potentially effecting all of the 9, the court ruled that the accused was/were held for an unreasonable amount of time before being charged, they were denied 'station bail' and were unreasonably delayed before being brought to court to allow them to apply for release on bail. Barrister Leo Mulrooney, acting for the 9, had put it to Garda Superintendent Michael Larkin that he had failed in his duty to vindicate the rights of the prisoners, and when asked to account to the court for his inaction, Judge Gerard Haughton expressed dissatisfaction with Supt. Larkin's explanation.