US embassy cable - 04DUBLIN1471

C O N F I D E N T I A L DUBLIN 001471 
 
SIPDIS 
 
STATE FOR EUR/UBI, L/PM 
 
E.O. 12958: DECL: 09/29/2014 
TAGS: KJUS, MARR, MOPS, EI, FAB5 
SUBJECT: URGENT ACTION:  WITNESSES, EVIDENCE NEEDED FOR OCT 
20 TRIAL OF MARY KELLY 
 
REF: A. SECSTATE 59570 
 
     B. DUBLIN 00837 AND PREVIOUS 
 
Classified By: POL/ECON CHIEF Mary E. Daly for reasons 1.4 (B) and (D) 
 
1.  (U) This is an urgent action request.  See para 5 & 6. 
 
2.  (SBU) Summary.  The Office of the Director of Public 
Prosecutions (DPP) of Ireland has set the new trial date of 
Mary Kelly for Wednesday, October 20th, 2004.  The court 
requires Commander William Snyder, Lieutenant Commander Kurt 
B. Schaedel and Chris Ludmer to serve as witnesses, and 
suggests Robert Saunders might wish to accompany.   In 
addition, the prosecutor has asked permission to make use of 
a diplomatic note, which the USG earlier approved releasing 
for the related Clancy case (reftels). End Summary. 
 
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DPP vs. MARY KELLY - NEW TRIAL DATE 
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3.  (U) The Office of the Director of Public Prosecutions 
(DPP) has set a new trial date for Mary Kelly, accused of 
criminally damaging a US Military Aircraft at Shannon 
Airport.  The trial will take place on Wednesday, October 
20th, 2004 at the Ennis Circuit Court near Shannon Airport. 
 
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WITNESSES REQUESTED 
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4.  (SBU) Accordingly, the following US witnesses will be 
required in Ireland on 20th October 2004 until termination of 
court proceedings (the trial will take at least one week): 
 
-Commander William Snyder 
-Lieutenant Commander Kurt B. Schaedel 
-Chris Ludmer 
 
The prosecutor notes that Mr. Robert Saunders accompanied 
both officers at the previous trials as a legal advisor, and 
suggests that they might require his services on this 
occasion also.  Gardai (National Police Force) and the DPP 
will pay expenses and arrange lodging for US witnesses. 
 
5.  (SBU) ACTION REQUEST:  Please confirm ASAP availability 
of the above named requested witnesses for the October 20 
re-trial of Mary Kelly. 
 
6. (C) ACTION REQUEST - Re-Release of Dip Note:  In March 
2004, the USG gave permission for U.S. Embassy Dublin 
Diplomatic Note 55, dated January 27, 2003, to be released 
for use in the Clancy case (Ref A).  (Dip Note 55 requested 
permission from the Irish government to land a C-40 aircraft 
at Shannon Airport.  This is the aircraft the defendant 
damaged.)  The Irish government, on behalf of the prosecutor, 
has now asked that the USG release the note for the Mary 
Kelly trial.  Embassy requests authorization to do so.  We 
would propose doing so in the same manner as we did in the 
Clancy case.  In that case, we conveyed permission to use Dip 
Note 55 under cover of Diplomatic Note 129 of March 2004. 
Dip Note 129 noted that the release was a limited waiver of 
Article 24 of the Vienna Convention on Diplomatic Relations, 
under which the archives and documents of the mission are 
inviolable at any time and wherever they may be. 
 
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BACKGROUND 
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7.  (U) On January 29, 2003, Mary Kelly (aka Axe Lady), a 
member of the Catholic Workers/Pitstop Plowshares group 
attacked a US Navy aircraft, then parked on the ramp at 
Shannon Airport.  Her attack, combined with a restrike 
several days later, caused approximately $4.5 million damage 
to the aircraft.  There have been numerous court proceedings 
in the case to date.  The first trial ended in a hung jury on 
the charge of criminal damage.  A retrial was scheduled for 
June 2004, which resulted in the Defense Team quitting the 
case.  The Judge adjourned the case and continued it until 
October 2004.  Since the first court hearing in 2003, the USG 
has been committed to supporting GOI efforts to obtain 
justice in the case. At each of the hearings, we have, 
through DOS P/M, obtained witness support or provided other 
support as necessary. 
KENNY