URGENT ACTION: WITNESSES, EVIDENCE NEEDED FOR OCT

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
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