A FISHERMAN opposed to the laying of a gas pipeline by Shell in waters off Co Mayo has lost his High Court challenge to the legality of his detention on charges of loitering and public order offences. He was released on bail last night.
Mr Justice John Hedigan yesterday ruled Jonathan O’Donnell (23), a fishing boat skipper from Shore, Porturlin, Ballina, Co Mayo, had been legally detained.
The judge later yesterday remanded Mr O’Donnell in custody with consent to bail on his own surety of €500 and on conditions including he keep the peace.Some hours later he was released on bail from Castlerea prison.
Mr O’Donnell brought proceedings under Article 40 of the Constitution arguing his detention was unlawful. Éanna Mulloy SC, for Mr O’Donnell, argued the State was obliged to have his client charged with the summary offences as soon as was practicable but that was not done and Mr O’Donnell was detained for several hours before being charged.
Mr Justice Hedigan accepted arguments by the State that Mr O’Donnell was brought before the court as soon as was practicable.
Mr O’Donnell’s solicitor, Edward McGarr, said his client was arrested by gardaí after they boarded his fishing vessel, The John Collins, at about 7am on Thursday in Broadhaven Bay.
Mr O’Donnell’s crew were hauling in nets and equipment and Mr O’Donnell refused a request to move along because of concerns over his equipment. Mr O’Donnell was arrested on what he was informed were charges of loitering and public order offences. Gardaí had the vessel towed ashore before seizing it.
Mr McGarr said gardaí had a predetermined plan to unlawfully seize Mr O’Donnell’s vessel and had conspired to abuse their powers in order to have the waters cleared. He said the arrest was related to his client’s objection to the pipe-laying ship, Solitaire, which arrived off the Co Mayo coast on Thursday morning.
Mr McGarr said the O’Donnells were well known to gardaí because of their objections to the laying of pipes by Shell E&P Ireland.