Case No. 3333Trespass (with intent to commit criminal damage) · Co. Clare · 25 Apr 2017

Supreme Court allows appeal over trespass at Shannon Airport

Edward Horgan, 76, of Limerick and Dan Dowling, 40, of Waterford City, were charged with criminal damage and trespass after allegedly writing 'Danger, danger, don't fly' in marker on a US naval aircraft at Shannon Airport on 25 April 2017. A jury at the Circuit Court in Dublin acquitted both men of criminal damage but convicted them of trespass in January 2023, and each was ordered to pay €5,000 to a women's refuge in Co Clare. The Supreme Court allowed Dowling's appeal in November 2026, finding the trespass offence could not be established where the DPP failed to prove the criminal damage was committed without lawful excuse, and directed that there be no retrial.

  1. Reportednot reported
  2. Arrested
  3. Charged
  4. In court15 Jun
    2 reports
  5. Acquitted12 Nov
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
The two men allegedly wrote 'Danger, danger, don't fly' in marker on a US naval aircraft at Shannon Airport.
Where
The incident took place at Shannon Airport, Co Clare.
When
The incident occurred on 25 April 2017.
Charges
The two men were charged with criminal damage to a US navy aircraft and trespass under section 11 of the Criminal Justice (Public Order) Act 1994.
In court
  • A jury at the Circuit Court in Dublin acquitted both men of criminal damage but convicted them of trespass in January 2023.
  • Dowling's appeal against conviction was rejected by the Court of Appeal.
  • The Supreme Court allowed Dowling's appeal in November 2026, finding the trespass offence could not be established where the DPP failed to prove the criminal damage was committed without lawful excuse, and directed no retrial.
Sentence
Both men were ordered to pay €5,000 each to a women's refuge in Co Clare.
Other details
  • Edward Horgan is 76 and lives in Newtown, Castletroy, Limerick.
  • Dan Dowling is 40 and lives in Grace Dieu, Waterford City.
  • 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 trial and only Horgan gave evidence.
30 statements extracted from the articles
  • whatThey allegedly defaced the aircraft with graffiti. (limerickpost.ie)
  • whatAn anti-war slogan was written on a US naval aircraft on a taxiway in Shannon Airport. (irishtimes.com)
  • whatThe alleged damage consisted of writing 'Danger, danger, don't fly' in marker on the US plane. (irishtimes.com)
  • whatThe words 'danger, danger, don't fly' were written on a plane before the men were intercepted by the Irish Defence Force. (limerickleader.ie)
  • whereThe incident happened at Shannon Airport. (irishtimes.com)
  • whenThe incident took place on 25 April 2017. (limerickpost.ie)
  • whenThe incident occurred on April 25th, 2017. (irishtimes.com)
  • whenThe protest involving anti-war daubings on a US military aircraft occurred on April 25, 2017. (limerickleader.ie)
  • chargeThe two activists are charged with causing criminal damage to a US navy aircraft at Shannon Airport. (limerickpost.ie)
  • chargeThey were also arrested for allegedly trespassing on the curtilage of Shannon Airport. (limerickpost.ie)
  • chargeDowling and Horgan were acquitted of criminal damage but convicted of trespass in January 2023. (irishtimes.com)
  • chargeThe trespass charge was under section 11 of the Criminal Justice (Public Order) Act 1994. (irishtimes.com)
  • courtThe trial is due to get under way at the Circuit Court in Dublin. (limerickpost.ie)
  • courtA five-judge Supreme Court heard the appeal on Thursday. (irishtimes.com)
  • courtThe Chief Justice said judgment will be given on a later date. (irishtimes.com)
  • courtDowling's appeal against conviction was previously rejected by the Court of Appeal. (irishtimes.com)
  • courtThe Supreme Court directed that there be no retrial. (limerickleader.ie)
  • courtA jury had acquitted both men of criminal damage at the same trial in which they were convicted of trespass. (limerickleader.ie)
  • courtThe Supreme Court found the trespass offence could not be established where the DPP could not prove the criminal damage was committed without lawful excuse. (limerickleader.ie)
  • sentenceBoth men were ordered to pay €5,000 each to a women's refuge in Co Clare. (irishtimes.com)
  • sentenceDowling and Horgan had been ordered to pay €5,000 to a women's refuge following their convictions. (limerickleader.ie)
  • otherEdward Horgan is 76 and lives in Newtown, Castletroy, Limerick. (limerickpost.ie)
  • otherDan Dowling is 40 and lives in Grace Dieu, Waterford City. (limerickpost.ie)
  • otherOver 38 peace activists have been prosecuted for non-violent peace actions at Shannon Airport. (limerickpost.ie)
  • otherThe men argued lawful excuse, saying the purpose was protection of lives where US aircraft transported weapons via Ireland to the Middle East. (irishtimes.com)
  • otherBoth men represented themselves at their trial and only Horgan gave evidence. (irishtimes.com)
  • otherThe Attorney General and the Irish Human Rights and Equality Commission were joined to the appeal to address legal issues. (irishtimes.com)
  • otherThe Supreme Court allowed Dan Dowling's appeal against his conviction for criminal trespass at Shannon Airport. (limerickleader.ie)
  • otherDowling 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. (limerickleader.ie)
  • otherThe trespass charges were under section 11 of the Criminal Justice (Public Order) Act 1994. (limerickleader.ie)

The reporting

newest first
  1. 12 Nov2026
    Supreme Court allows appeal over US military plane daubed with anti-war message

    The Supreme Court allowed Dowling's appeal against his trespass conviction, finding the offence could not be established where the DPP failed to prove criminal damage, and ordered no retrial.

    accused, Dan Dowling, 40s, male, namedDan Dowlingaccused, Edward Horgan, male, namedEdward Horgan
  2. 16 Apr2026
    Peace activist’s trespass at US aircraft in Shannon Airport was to protect lives, court hears

    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; judgment reserved by Chief Justice Donal O'Donnell.

    convicted, Dan Dowling, male, namedDan Dowlingconvicted, Edward Horgan, 76, male, namedEdward Horganother, Donal O'Donnell, maleDonal O'Donnellother, Seán Guerin, maleSeán Guerinother, Fionnuala O'Sullivan, femaleFionnuala O'Sullivanother, Remy Farrell, maleRemy Farrellother, Michael Lynn, maleMichael Lynn
  3. 15 Jun2022
    Anti-war activists face trial for damaging US plane at Shannon

    Reports the trial is due to begin at the Circuit Court in Dublin on 15 June 2022; provides home addresses for both defendants and includes a statement from PANA Chairperson Roger Cole.

    accused, Edward Horgan, 76, namedEdward Horganaccused, Dan Dowling, 40, namedDan Dowlingother, Roger ColeRoger Cole

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.