*New fencing has been installed at Shannon Airport following the incursions.
A JUDGE has adjourned the trial of three Pro-Palestinian activists concerning an alleged incursion at Shannon Airport until the Supreme Court rules on a “legal point of public importance” relevant to the defence in the case.
At Ennis Circuit Court, Judge Francis Comerford told the three accused that if the trial proceeds he could be asking the jury to decide the case “on the basis of law that might not in fact be the correct law”.
Judge Comerford said that on his own motion, “I am of the view that it is not appropriate to ask a jury to decide about someone’s guilt or innocence while the law is unclear and there is a very strong prospect that the Supreme Court is going to indicate what the appropriate law should be”.
In the case, Aindríu De Buitleir (29) of Tir Na Nog, Bothar an Tismein, An Cheathrú, Gallimhe, Aine Ní Threinír (35) of Cuirt Na Tra, Salthill, Galway and Emer Walshe (33) of Fernhill, North Circular Road, Limerick all deny trespass at Shannon Airport on March 30th 2024.
The three, accompanied to court by around 30 supporters, also deny interfering with the operation, management or safety of Shannon Airport by entering the runway area of Shannon Airport and causing its closure on the same date.
The three were due to be arraigned on the charges but before a jury could be impanelled, counsel for the State, Sarah Jane Comerford BL said that a Daniel Dowling had been given leave to appeal to the Supreme Court in relation to the defence of necessity.
Ms Comerford said that Mr Dowling (42) of Grace Dieu, County Waterford had been before the court in Dublin concerning a similar incursion at Shannon Airport.
Ms Comerford (instructed by State Solicitor for Clare, Aisling Casey) said that the defence of necessity hasn’t been well ventilated in this jurisdiction but has been in other jurisdictions.
She said, “I know the Supreme Court is keen or anxious to provide some clarity on that common law defence”.
Ms Comerford said that the defence as it currently stands, on the lines of the UK law, is that there must be a real and present danger, there must be an inescapable necessity to commit the offence charged with no lawful alternative available.
Ms Comerford added, “And there must be proportionality between the harm to be avoided and breach of criminal law and the accused should not have brought about the situation that did arise to his/her own criminal or negligent conduct”.
She said, “It is in those circumstances that the appeal has been accepted by the Supreme Court as a legal point of public importance”.
Ms Comerford said counsel for Aine Ní Threinír, Patrick Whyms BL has indicated that the defence of necessity will inevitably occur during the trial “and at that point I would be seeking instructions to adjourn because the law as it stands is very unsatisfactory”.
Judge Comerford adjourned the case and further remanded all three accused on continuing bail.
The case is the first of four before the courts in Clare concerning alleged incursions by Pro-Palestinian activists at Shannon airport on four separate dates from March 2024 to November of last year.
