A jury was told yesterday by a judge that anything to do with the war in Iraq or the US military use of Shannon Airport was not relevant to the defence of the charge of criminal damage facing the anti-war activist, Ms Mary Kelly.
At Ennis Circuit Court, Ms Kelly (52) has denied the charge of the criminal damage without lawful excuse of a US navy plane at Shannon Airport on January 29th, 2003.
The State has alleged during the trial that Ms Kelly, Athlone, Co Westmeath, took an axe to the 737 aircraft causing $1.5 million in damage.
On the fourth day of the trial yesterday, Ms Kelly - who is representing herself - asked Judge Carroll Moran the legal basis for why he ruled as irrelevant evidence relating to a US military logistics plane that passed through Shannon three months prior to the alleged criminal damage by Ms Kelly of the 737.
In response, Judge Moran told the jury of eight men and four women: "It is alleged that Ms Kelly caused the criminal damage of the plane without lawful excuse.
"The law is that lawful excuse must be in defence of a person or of property and that the threat must be immediate, while the self- defence must also be immediate." Judge Moran cited the example of a person damaging the knife of a potential attacker brandishing the knife.
He went on: "The threat has to be immediate to the person and in this case therefore, anything to do with the war in Iraq or the US military use of Shannon Airport is not relevant to the charge and there is no basis on those issues for the lawful excuse to the charge of criminal damage."
In direct evidence, Ms Kelly has told the jury that she took the axe to the aircraft as "I had to do something to protect the life of the Iraqi people and I believe that I acted as a responsible citizen."
She added: "I was going alone to damage the plane and I knew it would have consequences, but the reason I did it was to protect life and to prevent crime. I have a strong sense of justice, what is right and wrong, and I was pushed into taking action.
"I am an ordinary person, no different from any of you."
The court has heard that the US navy plane that Ms Kelly damaged was en route from Texas to a logistics base in Sicily and contained spare parts and spare tyres.
Ms Kelly's defence is expected to conclude today.