The re-trial of an anti-war activist, Ms Mary Kelly (51), ended dramatically yesterday following the withdrawal of her legal team from the case.
The jury of seven women and five men in the trial is to be discharged at Ennis Circuit Court this morning by Judge Carroll Moran and the case will be adjourned to next October.
Ms Kelly pleaded not guilty to the criminal damage of a US navy plane at Shannon Airport in January of last year. Evidence before the jury was due to commence yesterday afternoon.
However, at the outset, Mr Brendan Nix SC applied that Judge Moran discharge him, Ms Antoinette Simon, and solicitor Mr John Devanne from representing Ms Kelly. Mr Nix said: "It is clear that the three of us no longer enjoy the confidence or trust of our client." Judge Moran granted his application.
The first sign of discord between Ms Kelly and her defence team related to her instructing Mr Devanne to issue a summons for the Attorney General, Mr Rory Brady SC, to attend as a witness in the case for the defence.
On behalf of the Attorney General's office, Mr John Edwards SC appeared in court yesterday to make an application "as a matter of extreme urgency" in the absence of the jury to have the AG discharged from appearing as a witness.
At this time, Mr Nix, accompanied by Ms Simon, withdrew from court. Mr Nix told Judge Moran that he knew nothing about the application. Mr Devanne made submissions on the matter, pointing out that the summons was issued on the express instructions of his client.
Judge Moran ruled that Mr Brady did not have to attend, and remarked that the application was an abuse of process.
After her legal team formally withdrew, Ms Kelly applied for an adjournment to October, stating she would need time to instruct a new legal team.
Ms Kelly also applied to have a ban on her entering Co Clare lifted. Judge Moran adjourned the case to today to discharge the jury and said that the ban on Ms Kelly entering Co Clare would be re-imposed from midnight.
