‘Peace activist’ successfully appeals Shannon Airport criminal trespass conviction

Detailed summary

An “peace activist” has successfully appealed his conviction for criminal trespass during a protest against the presence of US military aircraft at Shannon Airport in 2017. The…

A “peace activist” has successfully appealed his conviction for criminal trespass during a protest against the presence of US military aircraft at Shannon Airport in 2017.

The Supreme Court allowed the appeal by Dan Dowling, who was convicted in January 2023, alongside a co-accused, of criminal trespass at the airport. At the same trial, a jury acquitted both men of a charge of criminal damage relating to anti-war daubings on a US military aircraft on April 25th, 2017.

In its judgment, the Supreme Court said the Director of Public Prosecutions (DPP) had clearly alleged that the criminal trespass occurred with the intent to commit the criminal damage. Where the DPP had failed to prove criminal damage, the Supreme Court found that the offence of criminal trespass could not be established “when the allegation is that the trespass was carried out with the intent to commit that criminal damage”.

Dowling (40s), of Grace Dieu, Waterford, and Edward Horgan, of Newtown, Castletroy, Co Limerick, a retired soldier in his late 70s, were ordered to pay €5,000 to a women’s refuge following their convictions. Following Wednesday’s decision allowing Dowling’s appeal, the Supreme Court ordered that he should not be retried.

The separate trespass charges came under section 11 of the Criminal Justice (Public Order) Act 1994 regarding trespass creating a reasonable inference of intent to commit an offence or to unlawfully interfere with property.

The court heard that the words “danger, danger, don’t fly” were written on a plane before both men were intercepted by members of the Irish Defence Forces.

Dowling subsequently lost an appeal against his trespass conviction and then successfully applied to appeal to the Supreme Court.

He argued there had been a “lawful excuse” for the actions, submitting the purpose was protection of lives where US aircraft were transporting weapons via Ireland to foreign countries.

Dowling’s question submitted to the Supreme Court was whether a defence of…

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