# Supreme Court allows appeal over Shannon Airport trespass conviction

Case 3333. Trespass (with intent to commit criminal damage), Co. Clare, 2017-04-25

**TL;DR:** Edward Horgan (76) of Newtown, Castletroy, Limerick and Dan Dowling (40) of Grace Dieu, Waterford City were arrested after the words 'danger, danger, don't fly' were written in marker on a US naval aircraft at Shannon Airport on April 25, 2017, before they were intercepted by the Irish Defence Forces. They were charged with trespass on the curtilage of the airport under section 11 of the Criminal Justice (Public Order) Act 1994, and their trial was due to begin at the Circuit Court in Dublin on June 15, 2022. A jury acquitted both men of criminal damage but convicted them of trespass in January 2023, and they were ordered to pay €5,000 each to a women's refuge in Co Clare. Dowling's appeal against conviction was rejected by the Court of Appeal, but a five-judge Supreme Court heard the appeal, with the Attorney General and the Irish Human Rights and Equality Commission joined to address legal issues. In November 2026 the Supreme Court allowed Dowling's appeal, finding the trespass offence could not be established where the DPP could not prove criminal damage was committed without lawful excuse, and directed that there be no retrial.

**Stage:** Acquitted. Reported stages: In court (2022-06-15), Acquitted (2026-11-12)

## People

- Suspect: Edward Horgan, man, 76
- Suspect: Dan Dowling, man, 40

## Key facts

**What happened**

- The words 'danger, danger, don't fly' were written in marker on a US naval aircraft on a taxiway at Shannon Airport, and the defendants allegedly defaced the plane with graffiti before being intercepted by the Irish Defence Forces.

**Where**

- The incident happened at Shannon Airport.

**When**

- The incident occurred on April 25, 2017.

**Investigation**

- Edward Horgan (76) of Newtown, Castletroy, Limerick and Dan Dowling (40) of Grace Dieu, Waterford City were arrested for allegedly trespassing on the curtilage of Shannon Airport.

**Charges**

- The men were charged with trespass under section 11 of the Criminal Justice (Public Order) Act 1994 with alleged intent to commit criminal damage.

**In court**

- The trial was due to begin at the Circuit Court in Dublin on June 15, 2022.
- A jury acquitted both men of criminal damage but convicted them of trespass at the same trial in January 2023.
- Dowling's appeal against conviction was previously rejected by the Court of Appeal.
- A five-judge Supreme Court heard the appeal on whether the defence of necessity is available for a trespass charge under section 11 of the Criminal Justice (Public Order) Act 1994, with Chief Justice Donal O'Donnell reserving judgment.
- In November 2026 the Supreme Court allowed Dowling's appeal, finding the trespass offence could not be established where the DPP could not prove the criminal damage was committed without lawful excuse, and directed that there be no retrial.

**Sentence**

- Both men were ordered to pay €5,000 each to a women's refuge in Co Clare following their convictions.

**Other details**

- The men argued lawful excuse, saying the purpose was protection of lives where US aircraft transported weapons via Ireland to the Middle East.
- Both men represented themselves at their trial and only Horgan gave evidence.
- The Attorney General and the Irish Human Rights and Equality Commission were joined to the appeal to address legal issues.

## Reports (3)

| Date | Outlet | Report |
|---|---|---|
| 2022-06-15 | limerickpost.ie | [Anti-war activists face trial for damaging US plane at Shannon](https://www.limerickpost.ie/2022/06/15/anti-war-activists-face-trial-for-damaging-us-plane-at-shannon/) |
| 2026-04-16 | irishtimes.com | [Peace activist’s trespass at US aircraft in Shannon Airport was to protect lives, court hears](https://www.irishtimes.com/crime-law/courts/2026/04/16/peace-activist-tells-court-trespass-at-us-aircraft-in-shannon-was-to-protect-lives/) |
| 2026-11-12 | limerickleader.ie | [Supreme Court allows appeal over US military plane daubed with anti-war message](https://www.limerickleader.ie/news/crime-courts/supreme-court-allows-appeal-over-us-military-plane-daubed-with-anti-war-message-at-shannon-airport-9346420) |


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This page is put together automatically from the reports listed above. A charge is not a conviction. If something here is wrong or out of date, [report it](https://irelandcrime.com/report?case=3333).


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