[Media-watch] FW: Horgan awarded 50 per cent of own costs - State to pay its own costs. Horgan V State

[Liz Curtis]

This may be of interest as it may not get fully reported outside Ireland.
Liz
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From: "Conor Joyce" <conor.joyce at oceanfree.net>

Subject: Horgan awarded 50 per cent of own costs - State to pay its own
costs. Horgan V State

Edward Horgan awarded 50 per cent of his costs

In the High Court this morning, Judge Nicholas Kearns, ruling on costs in
the case that retired army officer Edward Horgan had unsuccessfully taken
against the Government over its decision to allow US forces to transit
through Shannon airport and Irish airspace in recent months, awarded 50 per
cent of Edward Horgan's costs to him and ruled  that the Government is to
pay its costs. 

The grounds that Judge Kearns gave for his decision were that the case
raised, and allowed to be clarified, issues of true public interest and that
Edward Horgan had successfully identified a principle of  international
customary law, requiring neutral states to prohibit the transit throught
their territory of large numbers of troops, and munitions, of one
belligerent state en route to war with another state.

Statement by Edward Horgan following the hearing on costs
This case has dealt with very profound issues. The Court has heard the
arguments on both sides fully and with great attention and courtesy.
 
The 71 page judgement deserves careful study. No decision on an appeal will
be made until that study is completed.
 
I am very pleased that the High Court accepted my submission that
international law requires neutral states (including Ireland which follows a
kind of qualified neutrality) to prohibit the transit of large numbers of
troops through its territory en route to war. In light of that the
Government cannot suggest that Ireland behaved as a neutral State in the war
on Iraq. This finding by the Court is most serious and has significant
impliations. Ireland, having assisted the attacking forces, must accept its
share of responsibility for the cluster bombs and missiles dropped on the
people of Iraq.
 
The case has exposed Government deeds and actions to public scrutiny. Of
course I have not won. The Court has found that the Government is not
Constitutionally bound to uphold international law in this context but that
it - the Court - cannot intervene. I respect the Court's view but I fear
that the balance of power may be shifting too far in favour of Government at
the expense of the Court and ultimately at the expense of the citizens of
Ireland. That worrries me greatly. One consequence, it seems to me, is that
the Government may now be even more vulnerable to pressure from more
powerful States to go along with them in times of crisis and to violate
international law without any Constitutional restraint. International law
reflects the standards of behaviour generally recognised as being necessary
for civilised existence in a dangerous world. If those standards are
undermined we are all the losers.
 
Edward Horgan Friday 2 May 2003
 
For further information about the case, contact

Conor Joyce Tel: 086-6039143

Email: conor.joyce at oceanfree.net


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