MARY KELLY GETS A SUSPENDED SENTENCE

UNCLAS DUBLIN 001749

SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV MARR EI
SUBJECT: MARY KELLY GETS A SUSPENDED SENTENCE

REF: DUBLIN 01635


1. Mary Kelly, who was convicted on October 28 of causing
$1.5 million of damage to a US military aircraft, was given a
two-year suspended sentence by Judge Carroll Moran at
Limerick Circuit Court. Kelly was spared a custodial
sentence and given four years probation on the condition that
she commits no repeat action and does not come within a
one-mile radius of Shannon airport. Judge Carroll Moran said
he had a duty to prevent this act from happening again but
indicated that in giving her a suspended sentence, he had to
take into account that this was her first conviction and she
was a "woman of good character." Sources in government say
her conviction establishes the principal of wrong doing. The
case of the Catholic Workers group, who damaged the same
plane several days after Mary Kelly did, will be heard early
in 2005. The issue of compensation to the USG for losses
will not be addressed until the court case is over.


2. The sentencing was adjourned a number of times at the
request of Kelly to consult a new legal team and to prepare
for a plea of mitigation.


3. Kelly contended throughout the trial that she had "lawful
excuse" for the criminal damage to the aircraft, as her
actions were intended to save lives in Iraq. However, Judge
Moran said during the trial that this was not a case to
"consider the legality of the war in Iraq" and that Kelly's
act was "simple vigilantism".


4. The Irish Times reported that the Irish Anti-War Movement
(IAWM) said Kelly's treatment was an example of "gross
hypocrisy" on the part of the (Irish) Government and the
courts. "What is a damaged hunk of steel set against the
deaths of tens of thousands of Iraqi civilians who are dead
as a result of Bush's war." Richard Boyd Barrett, chairman of
the IAWM was reported to say: "It is unbelievable that the
state has set out to criminalize Mary Kelly, who hurt nobody
and did nothing more than act to try and save human lives."
KENNY