Appeal court delays decision on peace activist's conviction

The Court of Criminal Appeal has reserved judgment in an appeal brought by peace activist Mary Kelly against her conviction for taking an axe to a US navy aircraft at Shannon Airport, causing $1.5m worth of damage.

Mary Kelly (aged 54), with an address at Fort Lorenzo in Galway, was convicted by an Ennis jury in October 2004 of causing criminal damage without lawful excuse to the 737 US navy aircraft and for entering the airport illegally on January 29, 2003.

The mother of four subsequently received a two-year suspended jail sentence from Judge Carroll Moran at Limerick Circuit Court.

Mrs Kelly, who was staying at the Shannon Peace Camp at the time of the incident, appealed against that conviction.

Today, the three-judge CCA comprising of Mr Justice Adrian Hardiman presiding, sitting with Mr Justice Eamonn De Valera and Mr Justice Michael Peart, reserved their decision.

Mrs Kelly, who was representing herself at the hearing told the court that the appeal is brought on grounds including that Judge Moran had erred in law by disallowing her defence of "lawful excuse" and "justifiable use of force to prevent a crime."

It was further submitted that Judge Moran in his charge to the jury had given a direction that amounted to a direction to convict her of the crime she was on trial for.

Counsel for the DPP, Mr Stephen Coughlan BI, told the court that Judge Moran had acted correctly during the trial and in his charge to the jury and argued that Mrs Kelly's conviction should stand.