Shell to sea protester sentenced to jail after refusing community service

Protester jailed after refusing to partake in community service programme


A SHELL to Sea campaigner who refused to partake in community service was sentenced to six months imprisonment at last week’s sitting of Ballina Circuit Court.
Niall Harnett of Barnacullen, Pollathomas had received the six month sentence in lieu of 240 hours community service in Castlebar Circuit Court last February, after he was found guilty of assaulting Garda Hugh Egan at Glengad on September 13, 2008. However, the probation report into his suitability was not positive and his barrister, Mr Leo Mulrooney revealed that he was unwilling to commit to community service.
Mr Harnett also appealed against the severity of a two year driving disqualification which he received in Belmullet District Court last March and an appeal against a five month prison sentence for assaulting three gardaí was withdrawn.
When Mr Harnett was found guilty of assaulting Garda Egan, he had indicated that he would be willing to commit to community service. However, Mr Mulronney explained that his client was not willing to undertake anymore community service and said that he had served the community by his actions during community protests.
Mr Mulrooney said there was no violence used against Garda Egan and it was a technical assault committed when his passion had clouded his good judgement. He acknowledged that his refusal to commit to community service had limited the court’s options.
In his appeal against the severity of the driving ban, the court heard that he had pleaded guilty in the District Court to obstructing traffic on the roadway at Pollathomas when a wide load was being transported from the gas terminal in Bellanaboy to Glengad. Sergeant Pat Lavelle said Mr Harnett would not co-operate with them and he was forced to tow his van away. He added that when he towed his away, he did not try to block the road again.
Mr Mulrooney said his client had used his vehicle for non-violent direct action against Shell and was opposed to the action undertaken by Shell in Mayo. However, he accepted it was an abuse of his privilege as a licence holder said he would give an undertaking that he would not use his vehicle as a ‘tool of protest’. He added that apart from one blemish to his licence 21 years ago, he had no previous road traffic convictions and asked the Judge not to disqualify him from driving.
However, Judge Raymond Groarke said that holding a licence was not a right but a privilege and he had used his vehicle to block the road. He said he recognised the hardship which living in a rural area will have on him but affirmed the order of the District Court.
In relation to the assault on Garda Egan, Judge Groarke said the Mr Harnett would only deal with the probation services on his terms and sentenced him to six months imprisonment. He also ordered that with some reluctance the five month prison sentence would run concurrently with the six month sentence.