US embassy cable - 04DUBLIN347

C O N F I D E N T I A L SECTION 01 OF 02 DUBLIN 000347 
 
SIPDIS 
 
FOR L/PM, EUR/UBI 
 
E.O. 12958: DECL: 03/08/2014 
TAGS: PREL, MARR, MOPS, EI, FAB5 
SUBJECT: TRIAL OF USMIL PLANE ATTACKERS: REQUEST FOR 
APPROVAL TO RELEASE DIPLOMATIC NOTE 
 
REF: 03 DUBLIN 824 AND PREVIOUS 
 
Classified By: DCM Jane B. Fort, reason 1.5 (d) 
 
 
1.   (U)  This is an urgent action request.  See Para 7. 
 
2.  ( C )  Embassy Dublin has received a request from the 
Irish Department of Foreign Affairs to release to the defense 
the text of a diplomatic note in the case of "DPP v. Clancy 
(and others)."  This case refers to the Irish Government,s 
prosecution of five individuals who are charged with 
illegally entered Shannon airport grounds on February 3, 
2003, vandalized a US Navy aircraft parked on the tarmac, and 
assaulted the Irish police officer guarding the plane. 
 
3.   ( C ) The defense, which is reportedly planning to argue 
that it committed the act in order to prevent the "larger 
crime" of allowing U.S. military aircraft to refuel at 
Shannon and fly to the Gulf in the build-up to the "illegal" 
Iraq war, has asked for the release of several documents from 
the GOI, including the text of the embassy,s diplomatic note 
of January 27, 2003 which requested clearance for the 
aircraft. 
 
4.   (C ) The defense has asked for the following information: 
 
a) the origin and intended destination of the aircraft 
b) the purpose of the journey 
c) the military  equipment and the equipment integral to it 
d) the cargo which the plane was carrying, including the 
personnel and the material and the military capabilities of 
all such items and persons 
 
5.   ( C )  Communications between the Embassy and the GOI 
are considered privileged, and are excluded from FOIA or 
other such requests.  In this instance, however, the 
Department of Foreign Affairs has asked that we reconsider 
withholding the document in order to help prosecute the case. 
 DFA officials tell us their legal counsel is concerned that 
failure to provide the document may enable the defense to 
claim insufficient "discovery" of material pertinent to their 
case, which may undermine the prosecution or even lead to the 
case being dismissed.  While we have informed DFA that the 
diplomatic note in question would not, in any event, address 
the question on cargo and personnel, DFA believes the 
information provided in the note would help the prosecution. 
 
6.    ( C )  While post is concerned about setting a 
precedent for the release of this information, we are equally 
concerned that the USG not be blamed for any unsuccessful 
prosecution of this case.  In addition to our desire to see 
the case prosecuted, we do not wish to potentially undermine 
our claim to compensation for the damage done to the 
aircraft.  We therefore recommend release of the January 2003 
under cover of a new diplomatic note which makes clear that 
this release is an exceptional case intended to support the 
prosecution.  (Note: We should also use this note to request 
confirmation of the date of the trial and request for 
official USG witnesses.) 
 
7.   (C )  ACTION REQUEST:   Department is asked to clear on 
the following proposed language.   The GOI has informed us it 
must respond to the defense on this issue NO LATER THAN MARCH 
16. 
 
8.   ( C )  BEGIN DRAFT TEXT OF COVER NOTE: 
 
The Embassy of the United States of America presents its 
compliments to the Department of Foreign Affairs and has the 
honor to refer to the attached correspondence from January 
27, 2003, in which the Embassy requested permission for a 
C-40 aircraft to land at Shannon Airport.   As requested by 
the Department of Foreign Affairs, the Embassy authorizes the 
release of the attached diplomatic note for the sole purpose 
of assisting the Government of Ireland in the prosecution of 
the case "DPP v. Clancy (and others)." 
 
The Embassy of the United States wishes to inform the 
Department of Foreign Affairs that the release of this note 
marks an exception to our policy of maintaining privilege on 
all correspondence between the Embassy and the Department of 
Foreign Affairs, and that, by the release of this note, the 
Embassy in no way waives its right to maintain privilege on 
all other correspondence, past or future, without written 
authorization. 
 
In addition, the Embassy of the United States requests 
confirmation of the date and location of the trial of the 
individuals charged with damaging the aircraft.  To 
facilitate the participation of the appropriate U.S. 
witnesses required for the trial, we also request 
confirmation of the names of the individuals the prosecution 
intends to call. 
The Embassy of the United States avails itself of the 
opportunity to renew to the Department of Foreign Affairs the 
assurances of its highest consideration. 
 
END DRAFT TEXT. 
 
9.   ( C )  BEGIN TEXT of January 27, 2003 Diplomatic Note: 
 
The Embassy of the United States of America presents its 
compliments to the Department of Foreign Affairs and has the 
honor to request permission for an aircraft of the United 
States of America to land in Ireland as per the following 
particulars: 
TYPE:  C-40 aircraft, carries no arms, ammunition, 
explosives, photographic or intelligence gathering equipment. 
 
TAIL NUMBER:  Unknown 
 
CALL SIGN:  RY 900 
 
MISSION NBR:  KGF230900 
 
ITINERARY:  From Fort Worth to Shannon to Sigonella 
 
ETA Shannon:  29 Jan 0059Z 
ETD Shannon:  29 Jan 1600Z 
 
Purpose:  Refuel/Crew Rest 
 
AIRCRAFT COMMANDER:   TBD 
 
PASSENGER:  No VIP on board 
 
The Embassy of the United States of America avails itself of 
this opportunity to renew to the Department of Foreign 
Affairs the assurance of its highest consideration. 
 
END TEXT. 
KENNY