A prominent Shell to Sea campaigner has told Ballina Circuit Court he felt he had performed a service to the community through his protest actions.
Niall Harnett of Barnacullew, Pullathomas, told Judge Raymond Groarke this was the reason why he was no longer willing to acquiesce to doing community service in lieu of a prison sentence for an assault on Garda Hugh Egan during a protest in summer 2008.
Judge Groarke had adjourned Harnett's appeal in order for a community service assessment report to be prepared. He had said at the original appeal hearing that he would increase the prison sentence from four to six months but pointed out that community service could be carried out in lieu.
When the appellant's case returned to court, Mr. Leo Mulrooney, B.L. (instructed by Claffey Gannon & Co., solicitors), told the judge that Harnett had re-thought his willingness to acquiesce to community service.
It wasn't an option because Harnett was of the view his service to the community was already performed in his protest actions.
Mr. Mulrooney added: "The assault was the unfortunate consequence of passion and frustration clouding good judgement."
It did not involve any malice and was as close to a technical assault as possible – there was no violence used.
Mr. Mulrooney also said his client had lodged an appeal against a conviction in respect of assaults on Inspector Joe Doherty, Sergeant Dermot Butler and Garda Hugh Egan at Belmullet Courthouse on March 14 last but now wished to withdraw it. He was sentenced to five months in prison for this offence.
Judge Groarke said he would, with some reluctance, make the six-month and five-month sentences concurrent. The appellant is to get credit for 15 days already served in prison while on remand, the judge ordered.

Obstruction
Meanwhile, Harnett was unsuccessful in an appeal against a two-year driving ban imposed on him for the obstruction of traffic.
Sergeant Patrick Lavelle told the court the incident occurred on May 5 last year as he was escorting a wide load from the Corrib Gas facility at Bellanaboy to the Shell landfall site at Glengad. He was at the front of a convoy of vehicles when at Pullathomas, about 500 metres on the Glenamoy side of McGrath's pub, a van passed them out and then stopped on the road outside the pub.
There was no room for the following vehicles to pass by. Sergeant Lavelle tried to speak to the driver but he didn't wind down his window or engage with gardaí. Harnett was directed on a number of occasions to move his vehicle but refused to do so.
At one stage, said witness, a man in a vehicle behind tried to speak to Harnett to tell him he had been on the road for 12 hours and wanted to get home for his dinner, but the appellant wouldn't speak to him either.
Sergeant Lavelle said Harnett was given 15 minutes to move his vehicle. At 7.20 p.m. he was towed away to a car park near the pub.
He confirmed to Judge Groarke that the appellant didn't try to impede them in any way as they towed his vehicle away.
Mr. Mulrooney said his client had pleaded guilty to the charge in the district court and the appeal was against severity only.
Harnett, he added, vehemently opposed the activities of Shell in Mayo and would continue to protest but would never again obstruct the road in this way. He asked that he wouldn't be disqualified from driving.
Judge Groarke said a driving licence is a privilege and anyone using it the way Harnett did was not entitled to hold one. He affirmed the order of the district court. "Sorry, Mr. Harnett," he said in conclusion.