URGENT REQUEST FOR USG WITNESSES FOR JUNE 16 TRIAL

UNCLAS DUBLIN 000837

SIPDIS

STATE FOR EUR/UBI, L/PM

E.O. 12958: N/A
TAGS: MARR PREL KJUS EI
SUBJECT: URGENT REQUEST FOR USG WITNESSES FOR JUNE 16 TRIAL
OF U.S. NAVY PLANE DAMAGE -- SHANNON, IRELAND


1. This is an urgent action request. See para 5.


2. Embassy received diplomatic note from Irish Department
of Foreign Affairs on June 1, relaying a request from the
Irish police (Garda Siochana) for USG witnesses to testify at
the June 16 re-trial of Irish citizen Mary Kelly, charged
with trespass and criminal damage to a US Navy aircraft at
Shannon airport on January 29, 2003. Ms. Kelly, an anti-war
activist, breached the security perimeter at Shannon,
illegally entered the tarmac area where a U.S. Navy C-40
aircraft was parked, and used an axe to cause over USD 4
million in damage to the aircraft, before being apprehended.
A June 2003 trial ended in a hung jury, with the jury unable
to determine whether the damage was criminal in nature. The
defendant argued that her actions were not criminal because
they were intended to prevent "illegal" military action in
Iraq.


3. Begin Text of DFA note:

The Department of Foreign Affairs, Protocol Section, presents
its compliments to the Embassy of the United States of
America. The Department has the honor to refer to the
attached correspondence from the Garda Siochana regarding the
United States Military Aircraft that was damaged at Shannon
Airport. The Garda Siochana are seeking the assistance of
the Embassy of the United States in proceeding with the
prosecution of this case. As the next hearing in this case
has been set for the 16th of June, the Garda Siochana would
appreciate a prompt response to this request. The Department
of Foreign Affairs, Protocol Section, avails itself of this
opportunity to renew to the Embassy of the United States of
America the assurances of its highest consideration.

End text.


4. Begin Text of Garda Siochana note:

To Mr. Brian Nason, Chief of Protocol, re: "DPP vs. Mary
Kelly Criminal Damage to U.S. Aircraft, Trial Date 16th June
2004, Ennis Circuit Court."

Please be advised the re-trial of Mary Kelly for criminally
damaging a U.S.. Military Aircraft at Shannon Airport on the
29th of January 2003 has been definitively listed to proceed
on June 16th, 2004 at Ennis Circuit Court. Accordingly, the
following U.S. witnesses will be required in Ireland on June
15 2004, until termination of court proceedings:

-- Commander William Snyder
-- Lieutenant Commander Kurt B. Schaedel

Note: Mr. Robert Saunders accompanied both officers at the
previous trial as legal advisor. It is suggested they will
require his services on this occasion also. It is requested
that the U.S. Embassy be contacted for the attendance of the
above U.S. personnel at Ennis Circuit Court on the 16th of
June 2004, until this trial concludes.

From, John O'Brian, Detective Chief Superintendant, An Garda
Siochana

End Text.


5. ACTION REQUEST: Please confirm ASAP availability of the
above named requested witnesses for the June 16 re-trial of
Mary Kelly.
KENNY