A WOMAN involved in the Shell to Sea campaign has brought High Court proceedings to compel a judge to allow her to have a stenographer at proceedings brought against her over her involvement in a demonstration against the Corrib gas terminal at Bellanaboy, Co Mayo.
Maura Harrington, a primary schoolteacher from Geesala, Ballina, Co Mayo, yesterday secured leave to bring proceedings against Judge Mary Devins, with the DPP as a notice party, aimed at ensuring she gets a transcript of forthcoming proceedings against her at Belmullet District Court.
Ms Harrington obtained an interim stay on the District Court proceedings, due to be heard on March 12th, until the matter comes before the High Court on March 13th when she may seek a further stay pending the outcome.
Mr Justice Michael Peart was told Ms Harrington had asked for a copy of the Courts Service stenographer's record of the District Court case and had also offered to pay for that. However, Judge Devins had refused permission for that transcript and had also refused permission to Ms Harrington to hire a professional stenographer to attend the hearing on her behalf and prepare a transcript.
Ms Harrington says she wants an accurate record of the proceedings so she may obtain meaningful legal advice in preparing her defence. She claims the refusal to allow her to have a transcript is irrational and breaches her rights to fair procedures, natural and constitutional justice, and a fair trial.
Ms Harrington is facing trial on public order and road traffic offences, some of which arise from a Shell to Sea demonstration at the New Civic Centre at Belmullet on April 21st, 2007.
President Mary McAleese was at the civic centre that day. It is alleged Ms Harrington entered the building and approached the President and engaged in threatening and abusive behaviour and language towards gardaí.
In an affidavit, Ms Harrington's solicitor Alan Gannon said when some prosecutions first came before Judge Devins on December 12th, Ms Harrington said she would like a transcript of the proceedings but the judge refused, saying the record of the proceedings belonged to the Courts Service, Mr Gannon said.
At a later hearing, Judge Devins had said a note-taker from Mr Gannon's office could take notes but she refused to allow Ms Harrington to have her own stenographer.
Mr Gannon said that in previous cases related to the Shell to Sea campaign, considerable discrepancies arose in the accounts offered by gardaí and by demonstrators of what happened.