TRIAL OF USMIL PLANE ATTACKERS: REQUEST FOR

C O N F I D E N T I A L SECTION 01 OF 02 DUBLIN 000347

SIPDIS

FOR L/PM, EUR/UBI

E.O. 12958: DECL: 03/08/2014
TAGS: PREL MARR MOPS EI
SUBJECT: TRIAL OF USMIL PLANE ATTACKERS: REQUEST FOR
APPROVAL TO RELEASE DIPLOMATIC NOTE

REF: 03 DUBLIN 824 AND PREVIOUS

Classified By: DCM Jane B. Fort, reason 1.5 (d)



1. (U) This is an urgent action request. See Para 7.


2. ( C ) Embassy Dublin has received a request from the
Irish Department of Foreign Affairs to release to the defense
the text of a diplomatic note in the case of "DPP v. Clancy
(and others)." This case refers to the Irish Government,s
prosecution of five individuals who are charged with
illegally entered Shannon airport grounds on February 3,
2003, vandalized a US Navy aircraft parked on the tarmac, and
assaulted the Irish police officer guarding the plane.


3. ( C ) The defense, which is reportedly planning to argue
that it committed the act in order to prevent the "larger
crime" of allowing U.S. military aircraft to refuel at
Shannon and fly to the Gulf in the build-up to the "illegal"
Iraq war, has asked for the release of several documents from
the GOI, including the text of the embassy,s diplomatic note
of January 27, 2003 which requested clearance for the
aircraft.


4. (C ) The defense has asked for the following information:

a) the origin and intended destination of the aircraft
b) the purpose of the journey
c) the military equipment and the equipment integral to it
d) the cargo which the plane was carrying, including the
personnel and the material and the military capabilities of
all such items and persons


5. ( C ) Communications between the Embassy and the GOI
are considered privileged, and are excluded from FOIA or
other such requests. In this instance, however, the
Department of Foreign Affairs has asked that we reconsider
withholding the document in order to help prosecute the case.
DFA officials tell us their legal counsel is concerned that
failure to provide the document may enable the defense to
claim insufficient "discovery" of material pertinent to their
case, which may undermine the prosecution or even lead to the
case being dismissed. While we have informed DFA that the
diplomatic note in question would not, in any event, address
the question on cargo and personnel, DFA believes the
information provided in the note would help the prosecution.


6. ( C ) While post is concerned about setting a
precedent for the release of this information, we are equally
concerned that the USG not be blamed for any unsuccessful
prosecution of this case. In addition to our desire to see
the case prosecuted, we do not wish to potentially undermine
our claim to compensation for the damage done to the
aircraft. We therefore recommend release of the January 2003
under cover of a new diplomatic note which makes clear that
this release is an exceptional case intended to support the
prosecution. (Note: We should also use this note to request
confirmation of the date of the trial and request for
official USG witnesses.)


7. (C ) ACTION REQUEST: Department is asked to clear on
the following proposed language. The GOI has informed us it
must respond to the defense on this issue NO LATER THAN MARCH

16.


8. ( C ) BEGIN DRAFT TEXT OF COVER NOTE:

The Embassy of the United States of America presents its
compliments to the Department of Foreign Affairs and has the
honor to refer to the attached correspondence from January
27, 2003, in which the Embassy requested permission for a
C-40 aircraft to land at Shannon Airport. As requested by
the Department of Foreign Affairs, the Embassy authorizes the
release of the attached diplomatic note for the sole purpose
of assisting the Government of Ireland in the prosecution of
the case "DPP v. Clancy (and others)."

The Embassy of the United States wishes to inform the
Department of Foreign Affairs that the release of this note
marks an exception to our policy of maintaining privilege on
all correspondence between the Embassy and the Department of
Foreign Affairs, and that, by the release of this note, the
Embassy in no way waives its right to maintain privilege on
all other correspondence, past or future, without written
authorization.

In addition, the Embassy of the United States requests
confirmation of the date and location of the trial of the
individuals charged with damaging the aircraft. To
facilitate the participation of the appropriate U.S.
witnesses required for the trial, we also request
confirmation of the names of the individuals the prosecution
intends to call.
The Embassy of the United States avails itself of the
opportunity to renew to the Department of Foreign Affairs the
assurances of its highest consideration.

END DRAFT TEXT.


9. ( C ) BEGIN TEXT of January 27, 2003 Diplomatic Note:

The Embassy of the United States of America presents its
compliments to the Department of Foreign Affairs and has the
honor to request permission for an aircraft of the United
States of America to land in Ireland as per the following
particulars:
TYPE: C-40 aircraft, carries no arms, ammunition,
explosives, photographic or intelligence gathering equipment.

TAIL NUMBER: Unknown

CALL SIGN: RY 900

MISSION NBR: KGF230900

ITINERARY: From Fort Worth to Shannon to Sigonella

ETA Shannon: 29 Jan 0059Z
ETD Shannon: 29 Jan 1600Z

Purpose: Refuel/Crew Rest

AIRCRAFT COMMANDER: TBD

PASSENGER: No VIP on board

The Embassy of the United States of America avails itself of
this opportunity to renew to the Department of Foreign
Affairs the assurance of its highest consideration.

END TEXT.
KENNY