A fisherman opposed to the laying of a gas pipeline by Shell in waters off the Co Mayo coast has lost his High Court challenge to the legality of his detention on charges of loitering and public order offences.
Mr Justice John Hedigan yesterday ruled Jonathan O’Donnell (23), a fishing boat skipper from Shore, Porturlin, Ballina, Co Mayo, was legally detained.
The judge later remanded Mr O’Donnell in custody with consent to bail on Mr O’Donnell’s own surety of €500 and on conditions including he keep the peace.
Mr O’Donnell brought proceedings under Article 40 of the constitution arguing his detention was unlawful.
Eanna 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.
Following his arrest around 8am yesterday, Mr O’Donnell was taken to Ballina Garda Station sometime between 10.30am and 11.30am. When his solicitor contacted the member in charge of the Garda Station at 2.30pm to inform them the High Court had ordered an inquiry into the legality of the detention, he was told Mr O’Donnell had been brought to Westport District Court for the purpose of being charged.
Mr O’Donnell appeared before Westport District Court and was remanded in custody sometime after 3pm yesterday. He was taken to Castlerea Prison.
Mr Justice Hedigan accepted arguments by the State that Mr O’Donnell was brought before the court as soon as was practicable.
In an affidavit, Mr O’Donnell’s solicitor Edward McGarr said his client was arrested by gardaí after they boarded his fishing vessel, The John Collins, around 7am yesterday in Broadhaven Bay.
Mr O’Donnell’s crew were in the process of hauling in nets and equipment and Mr O’Donnell refused a request to him to move along because of concerns over his equipment, Mr McGarr said.
Mr O’Donnell was arrested on what he was informed were charges of loitering and public order offences. Gardaí then 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, ‘The Solitaire’, which arrived off the Co Mayo coast yesterday morning and will lay pipes in the immediate future.
Mr McGarr said the O’Donnell’s are well known to gardaí because of their vociferous objections to the laying of pipes by Shell E&P Ireland to bring waste and unrefined gas ashore. He said gardaí knew Mr O’Donnell would not move his vessel and there was no legal mechanism in existence by which Mr O’Donnell could be compelled to move it.
Mr McGarr said the pipes pose a significant health and safety risk to people and the Irish state will not benefit from the realisation of the resources. His client had a right to fish the waters of Broadhaven Bay and feared if they were installed, he would be deprived of his source of livelihood.
