US embassy cable - 04DUBLIN837

UNCLAS DUBLIN 000837 
 
SIPDIS 
 
STATE FOR EUR/UBI, L/PM 
 
E.O. 12958: N/A 
TAGS: MARR, PREL, KJUS, EI, FAB5 
SUBJECT: URGENT REQUEST FOR USG WITNESSES FOR JUNE 16 TRIAL 
OF U.S. NAVY PLANE DAMAGE -- SHANNON, IRELAND 
 
1.   This is an urgent action request.  See para 5. 
 
2.   Embassy received diplomatic note from Irish Department 
of Foreign Affairs on June 1, relaying a request from the 
Irish police (Garda Siochana) for USG witnesses to testify at 
the June 16 re-trial of Irish citizen Mary Kelly, charged 
with trespass and criminal damage to a US Navy aircraft at 
Shannon airport on January 29, 2003.  Ms. Kelly, an anti-war 
activist, breached the security perimeter at Shannon, 
illegally entered the tarmac area where a U.S. Navy C-40 
aircraft was parked, and used an axe to cause over USD 4 
million in damage to the aircraft, before being apprehended. 
A June 2003 trial ended in a hung jury, with the jury unable 
to determine whether the damage was criminal in nature.  The 
defendant argued that her actions were not criminal because 
they were intended to prevent "illegal" military action in 
Iraq. 
 
3.   Begin Text of DFA note: 
 
The Department of Foreign Affairs, Protocol Section, presents 
its compliments to the Embassy of the United States of 
America.  The Department has the honor to refer to the 
attached correspondence from the Garda Siochana regarding the 
United States Military Aircraft that was damaged at Shannon 
Airport.  The Garda Siochana are seeking the assistance of 
the Embassy of the United States in proceeding with the 
prosecution of this case.  As the next hearing in this case 
has been set for the 16th of June, the Garda Siochana would 
appreciate a prompt response to this request.  The Department 
of Foreign Affairs, Protocol Section, avails itself of this 
opportunity to renew to the Embassy of the United States of 
America the assurances of its highest consideration. 
 
End text. 
 
4.   Begin Text of Garda Siochana note: 
 
To Mr. Brian Nason, Chief of Protocol, re: "DPP vs. Mary 
Kelly Criminal Damage to U.S. Aircraft, Trial Date 16th June 
2004, Ennis Circuit Court." 
 
Please be advised the re-trial of Mary Kelly for criminally 
damaging a U.S.. Military Aircraft at Shannon Airport on the 
29th of January 2003 has been definitively listed to proceed 
on June 16th, 2004 at Ennis Circuit Court.  Accordingly, the 
following U.S. witnesses will be required in Ireland on June 
15 2004, until termination of court proceedings: 
 
-- Commander William Snyder 
-- Lieutenant Commander Kurt B. Schaedel 
 
Note: Mr. Robert Saunders accompanied both officers at the 
previous trial as legal advisor.  It is suggested they will 
require his services on this occasion also.  It is requested 
that the U.S. Embassy be contacted for the attendance of the 
above U.S. personnel at Ennis Circuit Court on the 16th of 
June 2004, until this trial concludes. 
 
From, John O'Brian, Detective Chief Superintendant, An Garda 
Siochana 
 
End Text. 
 
5.  ACTION REQUEST:  Please confirm ASAP availability of the 
above named requested witnesses for the June 16 re-trial of 
Mary Kelly. 
KENNY