"Unfortunately, I have found the legal profession in Northern
Ireland to be just as allergic to human rights law as their counterparts
in the Republic of Ireland." ================= William
Finnerty <newinngalway@yahoo.co.uk> wrote:
Date:
Tue, 15 Jan 2008 16:14:45 +0000 (GMT) From: William Finnerty
<newinngalway@yahoo.co.uk> Subject: United Nations Complaints
Procedure To: "Dr
Maurice Manning (President of Human Rights Commission, Republic
of Ireland)" <info@ihrc.ie>, "Chief Justice John L.
Murray" <SupremeCourt@courts.ie>, "Brian Lenihan TD (Minister
for Justice, Equality and Law Reform"
<Brian.Lenihan@oireachtas.ie>, "Paul Gallagher S.C. (Attorney
General, Republic of Ireland)" <info@ag.irlgov.ie>, "Mr James
Hamilton (Director of Public Prosecutions, Republic of Ireland)"
<dppwebmaster@indigo.ie>, "The Chief State Solicitor (Republic
of Ireland)" <contact@csso.gov.ie>, "Guardian of Republic of
Ireland Constitution (President Mary McAleese)"
<webmaster@president.ie>, "Peter Sutherland (Former Attorney
General, Chairman of Goldman Sachs International Bank, Steering
Committee Member of the Bilderberg Group, and European Chairman of the
Trilateral Commission)" <trilateral.europe@wanadoo.fr>, "Garda
Commissioner Noel Conroy (Chief Commissioner of Police, Republic of
Ireland)" <comstaff@iol.ie>, Chief Constable Sir Hugh Orde OBE
<information@nipolicingboard.org.uk> CC: Human Rights
Ireland Yahoo Group <humanrightsireland@yahoogroups.com>, "The
Irish Centre for Human Rights, National University of Ireland, Galway"
<humanrights@nuigalway.ie>, "Senator Ivana Bacik, Barrister
and Reid Professor of Criminal Law, Criminology and Penology at Trinity
College Dublin (TCD) Law School" <ivana.bacik@oireachtas.ie>,
"Fianna Fail Party Leader, Prime Minister Bertie Ahern"
<taoiseach@taoiseach.irlgov.ie>, "Dr Walter F. Murphy
(Professor of Jurisprudence Emeritus at Princeton University)"
<wmurphy37@comcast.net>, "Cllr Phillip Cantwell (MCC and Trim
TC)" <PCantwell@meathcoco.ie>, "John Pilger (Documentary Film
Maker)" <pilgereditor@gmail.com>, "Shauna Gillan (Barrister,
Matrix Chambers, London)" <shaunagillan@matrixlaw.co.uk>,
"John Reilly (Barrister, Tooks Chambers, London)"
<clerks@tooks.co.uk>, "Dr Jimmy Devins TD (Minister of State
at the Department of Health and Children)" <info@jimmydevins.ie>,
Crooked-Lawyer Catcher <lawyercatcher@lawyer.com>,
"Northern Ireland Social Security Agency (Reference Disability Case
Reference 52-82267 for YH615974D)" <Private.Office@dsdni.gov.uk>,
"Nikiforos Diamandouros (The European Ombudsman) Case ref:
1867/2006/IP )" <euro-ombudsman@europarl.eu.int>, "The
Registrar, European Court of Human Rights, Council of Europe,
Strasbourg. (Re: ECHR Case Reference: 25077/05)"
<infopoint@coe.int>, Prime Minister Gordon Brown MP
<webmaster@pmo.gov.uk>, "Kathy Sinnott MEP, European
Parliament Committee on Petitions" <ksinnott@europarl.eu.int>,
"Dr. Bob Bowman, Lt. Col., USAF, ret." <bob@thepatriots.us>,
"Jose Manuel Barroso (Lawyer & President of European Union
Commission)" <sg-web-president@ec.europa.eu>, "Marcin Libicki
MEP (Chairman of European Parliament Committee on Petitions)"
<marcin.libicki@europarl.europa.eu>, Proinsias De Rossa MEP
<pderossa@europarl.eu.int>, Mairead McGuinness MEP
<mmcguinness@europarl.eu.int>, "Stavros Dimas (Lawyer, and
European Union Commissioner for Environment)"
<stavros.dimas@ec.europa.eu>, "John Gormley TD (Green Party
Leader & Minister for Environment, Heritage and Local Government)"
<john.gormley@oireachtas.ie>, "US Senator Barack Obama
(Constitutional/Civil Rights Lawyer & US Presidential Hopeful)"
<info@barackobama.com>, "UNESCO World Heritage Centre (WHC)"
<wh-info@unesco.org>, World Monuments Fund
<wmf@wmf.org>, "Europa Nostra, Pan-European Federation for
Cultural Heritage (Mrs Sneška Quaedvlieg Mihailoviæ)"
<sg@europanostra.org>, "Dr Gerard Hogan (Senior Constitutional
Lawyer, Fellow, Trinity College, Dublin)" <hogang@tcd.ie>,
"Greg Nolan (Lawyer at Patrick Hogan & Co., Ballinalsloe, County
Galway, Republic of Ireland)" <greg@phoganandco.com>, "Gerard
J Madden (Senior Social Worker, Omagh, County Tyrone, Northern Ireland)"
<gmadden@slt.n-i.nhs.uk>, "Adrian O' Kane (Lawyer at Patrick
Fahy & Co, Omagh.)" <adrian.okane@pfahy.com>, "Progressive
Democrats Party Leader, Health Minister Mary Harney"
<info@maryharney.ie>, "Gerald Finnerty & Marjorie Dolan
(New Inn, County Galway)" <margieandgerald@yahoo.ie>, European
Commission Representation in Ireland
<eu-ie-info-request@ec.europa.eu>, "Willie Corduff, Rossport
5" <info@goldmanprize.org>, "Sir Anthony O'Reilly, Newspaper
Proprietor" <independent.letters@unison.independent.ie>, "Fine
Gael Party Leader, Enda Kenny" <Enda.Kenny@oireachtas.ie>,
Transparency International Ireland <info@transparency.ie>,
Jack Straw MP <lordchancellor@dca.gsi.gov.uk>, "Dr Garrett
Fitzgerald (Chancellor of the National University of Ireland)"
<registrar@nui.ie>, Law Society of Ireland
<general@lawsociety.ie>, Former US President Bill Clinton
<clinton.library@nara.gov>, "Josep Borrell Fontelles
(President of the European Parliament)"
<webmasterpresident@europarl.eu.int>, "Sinn Fein Party Leader,
Gerry Adams MP" <info@sinnfein.org>, Liam Aylward MEP
<laylward@europarl.eu.int>, "Dr Mark Clinton (Heritage
Protection Alliance of Ireland Co-ordinator)"
<norahbk@eircom.net>, "Macquarie Bank (PPP Financiers)"
<info@macquarie.com.au>, "David Cameron MP (Leader of UK
Opposition Party)" <camerond@parliament.uk>, "Rev Ian Paisley,
Democratic Unionist Party" <info@dup.org.uk>, "Labour Party
Leader, Eamon Gilmore" <eamon.gilmore@oireachtas.ie>, "Marie
Murray (Senior Psychologist & Irish Times Columnist)"
<mmurray@irish-times.ie>, Irish Examiner Newspaper
<jill.osullivan@tcm.ie>, The Law Society of England and Wales
<info@lawsociety.org.uk>, "Majella Mc Carron (Shell to Sea)"
<majella_mccarron@yahoo.co.uk>, "Eamon Ryan TD (Minister for
Communications, Energy and Natural Resources"
<eamon.ryan@oireachtas.ie>, Suzon Forscey-Moore
<suzonfm@aol.com>, Sky News <news@sky.com>, "Geraldine
Kennedy, Irish Times Editor" <gkennedy@irish-times.ie>,
Julitta Clancy <julitta1@hotmail.com>, "Charlie Bird (RTE
Chief News Correspondent)" <charlie.bird@rte.ie>, Executive
Intelligence Review <eirns@larouchepub.com>, Nelson Mandela
<nmf@nelsonmandela.org>, "Former President Mary Robinson
(Ethical Globalization Initiative)" <info@eginitiative.org>,
"RTE (Republic of Ireland's National TV Station)"
<newsdesk@rte.ie>, "Dr Joseph E. Stiglitz (Economist)"
<jes322@columbia.edu>, "Ciara Macklin (Lawyer, Fair &
Murtagh)" <ciaramacklin@fair-murtagh.ie>, Meirion Bowen
<meirionbowen@btopenworld.com>, "Ashley Mote (Independent MEP
for South East England Region)" <ashley.mote@btconnect.com>,
"President of the Council of the European Union (Luís Filipe Marques
Amado)" <press.office@consilium.europa.eu>, Irish Embassy -
London <christina.mccormack@dfa.ie>, "Patrick M. Wood"
<editor@augustreview.com>, "Jacques Barrot (Vice-president of
the European Commission with responsibility for Transport"
<cab-archive-barrot@ec.europa.eu>, Dr Paul Craig Roberts
<PaulCraigRoberts@yahoo.com>, "Commissioner for Human Rights
of the Council of Europe (Thomas Hammarberg)"
<commissioner.humanrights@coe.int>, "Gearoid Geraghty (Lawyer,
Fair & Murtagh, Ballinasloe)"
<gearoidgeraghty@fair-murtagh.ie>, Jim Allister MEP
<jimallister@dup.org.uk>, Campaign@democracydefined.org, "Liam
Cashman (Environmental Directorate, The European Commission)"
<Liam-Joseph.Cashman@ec.europa.eu>, "Minister Trevor Sargent
TD (Green Party)" <Trevor.Sargent@oireachtas.ie>, "Venice
Commission (Council of Europe)" <venice@coe.int>,
MhjnAshok2@aol.com, "PatrickReynolds (Irish in Britain
Representation Group)" <patrickreynolds@hotmail.com>, Dr John
Wilson <jhwilson@acay.com.au>, "The Irish Council for Civil
Liberties (ICCL)" <info@iccl.ie>, Amnesty International UK
<press@amnesty.org.uk>, "President George W. Bush"
<president@whitehouse.gov>, "Louise Arbour (UN High
Commissioner for Human Rights)" <ngochr@ohchr.org>, "Ban
Ki-moon (Secretary-General of the United Nations)" http://ie.f259.mail.yahoo.com/ym/Compose?To=public.participation@unece.org
Dear Dr Manning, With reference
to the e-mail I copied to you on January 3rd 2008 (see at http://www.humanrightsireland.com/ChiefJusticeMurray/3January2008/Email.htm
), please note that I still have not received any reply from
Chief Justice Murray to the registered letter I sent to
him on August 28th 2007 (copy at http://www.europeancourtofhumanrightswilliamfinnerty.com/ChiefJusticeMurray/28August2007/Letter.htm
). Neither have I heard anything from any of
Justice Murray's senior lawyer colleagues, who have been reminded on a
number of occasions by e-mail regarding the unexplained delay relating
to a reply to my registered letter dated August 28th
2007. All I have received so far is the confirmation
of receipt letter from Chief Justice Murray's Private Secretary (Ms
Carol Kelly), which can be viewed at http://www.europeancourtofhumanrightswilliamfinnerty.com/ChiefJusticeMurray/Reply/29August2007/Letter.htm
. I would like to stress that it is now well over
five years ago since I was charged with a
criminal offence (which provides for a jail sentence of up to six
months) by the authorities in the Republic of Ireland, and that I still
cannot find a lawyer who is willing to discuss my legal rights (under
human rights law) with me, let alone use human rights law to help me
prepare my defence before appearing in
court. This ongoing situation continues to
appear to me to be an extremely straightforward and serious violation of
my legal rights under Article 6 (Right to a fair
trial) of the Republic of Ireland's European
Convention on Human Rights Act 2003 (copy available via http://www.google.com/search?hl=en&q=European+Convention+on+Human+Rights+Act+2003&btnG=Google+Search
). If I am to receive justice, it seems to me that my
legal defence against the criminal charges being made against me, of
necessity has to be (and through no fault of mine) very complex; and,
among other things, it involves several issues relating to items of
Republic of Ireland legislation produced in recent years which I (and
many others) believe are unconstitutional, and consequently unlawful.
Not only does such unconstitutional legislation
undermine Bunreacht na hEireann (the Constitution of
the Republic of Ireland), it also of course automatically undermines the
sovereignty of the Republic of Ireland nation state as well: which I,
and many others I believe, find deeply
disturbing. Allowing for the contents of the
paragraph just above, the main reason I sent my letter of August 28th
2007 to Chief Justice Murray was because I knew that he would have had
to have subscribed to Article 34.5.1° of
Bunreacht na hEireann in order for him to hold his
present job title and position. As you will no doubt already know,
Article 34.5.1° reads as follows: "Every
person appointed a judge under this Constitution shall make and
subscribe the following declaration: 'In the presence of Almighty God
I, , do solemnly and sincerely promise and
declare that I will duly and faithfully and to the best of my knowledge
and power execute the office of Chief Justice (or as the case may be)
without fear or favour, affection or ill-will towards any man, and that
I will uphold the Constitution and the laws. May God direct and sustain
me.' ".
For a very brief general
outline of the overall set of legal problems I am at present struggling
with, and the general kind of background they are placed in, please see
www.humanrightsireland.com . At the present
time, over five years after being charged with the criminal offence in
question, and many wholly avoidable and major complications later, I
also continue to believe that the only just way
to resolve the growing set of legal problems connected with my case is
through the use of Article 13 (Right to an
effective remedy) of the Republic of Ireland's
European Convention on Human Rights Act 2003, which, as you
will already know, reads as
follows: "Everyone whose rights and
freedoms as set forth in this Convention are violated shall have an
effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official
capacity." I would also like to stress
that I have spent most of the past five years living in forced
exile outside the Republic of Ireland jurisdiction, because
that is the only way I have been able to avoid being forced to appear
before a kangaroo court - i.e. a sham legal proceeding,
the outcome of which is essentially made in advance, for the purpose of
providing a conviction, either by going through the motions of
manipulated procedure or by allowing no defence at all: or
both. Also, and for the purpose of removing any
doubt, it has always been my understanding that my court case, were I
foolish enough to attend the kind of kangaroo court in question, that
is, would be decided on a " Trial by Judge" basis, and
that I would not (under any circumstances) be allowed a " Trial
by Jury": despite the possibility of I being given a six month
prison sentence for the particular criminal offence I have been charged
with. In connection with my case, I feel it may
be important for me to point out to you that while seeking legal help in
England, around April 2003, I was very strongly assured
by a professional counsellor working in a large health centre in
Shrewsbury (who was appointed through my GP at the
time), that all charges against me had been dropped, and that
consequently it would be completely safe for me to return to the
Republic of Ireland. Convinced that the assurance
from the above mentioned counsellor was genuine, I acted on it and
returned to my home in the Republic of Ireland in May
2003. For a lengthy period, the
counsellor's assurance did appear to be completely genuine and safe:
until late November 2004 that is. Then, and for no good
reason that I know of, I suddenly received a visit from Guard
Thomas Kenny (local policeman in New Inn,
County Galway) informing me that the whole criminal
charge business had been reactivated by his superiors, and that he was
unable to provide me with any explanation as to why. He claimed to know
absolutely nothing of the assurances I had received from the counsellor
in Shrewsbury (referred to above). In addition, Guard
Kenny threatened to force me to appear in court in
early December 2004, thereby giving me no realistic
chance at all to properly prepare my defence: if I was not willing to
appear in court voluntarily (as he was demanding I should). It was at
this point that I rapidly left the Republic of Ireland for a second
time: in the hope of finding the kind of legal help I by then felt I
desperately needed, in Northern Ireland (i.e. legal help which
recognises the factual existence of human rights
law). Unfortunately, I have found the legal
profession in Northern Ireland to be just as allergic to human rights
law as their counterparts in the Republic of
Ireland. I feel I should also now point out to
you that the original charge made against me in 2002 was mysteriously
changed (a month or so later) to a much more serious one. I have never
received any explanation as to why the original relatively trivial
charge against me was suddenly dropped, and simultaneously replaced by a
much more serious one that involved the possibility of criminalisation
for "assault", plus the possibility of a six month prison sentence as
well. Recently, and with due regard for the
ongoing failure of Chief Justice Murray and his senior lawyer colleagues
to reply to my letter dated August 28th 2007, I have been considering
sending a petition to the United Nations in connection
with my case. However, on reading the United Nations Complaint
Procedures, I notice that great stress is understandably placed
on the need to have "exhausted all possible remedies in your own
State before bringing a complaint to a committee" (as can be
seen via http://www.google.com/search?hl=en&q=Complaints,+UN+human+rights+treaty+violations&btnG=Search
). By providing you with the information
about my case contained in this e-mail, I hope that you will be able to
help me resolve my set of legal difficulties (in a just way), and
without I having to formally complain to the United
Nations. As stated above, I believe the only
way I can achieve justice is through the use of Article 13 of the
Republic of Ireland's European Convention on Human Rights Act
2003. Put in nutshell, and correctly or
otherwise, it appears to me that Chief Justice Murray and his colleagues
in the Republic of Ireland's legal profession are caught up in some kind
of a much outdated mindset which has them collectively believing that it
is okay for them to place themselves above human rights law, and, at the
same time, to place me beneath it. Everything that my
circumstances have forced me to learn about human rights law during
recent years tells me that the mindset I refer to just above is
completely contrary to all of the basic principles of human rights law
(as set out by the United Nations since
1948). In very simple
terms, it seems to me that nobody has the right
to put themselves above the law, and that nobody has the authority to
put anybody beneath it either. Later today I
will send a printed and signed copy of this e-mail to you through the
registered post. For future reference
purposes, I will also place an electronic copy of this e-mail at
the following address (with copy of Post Office registered letter
receipt
included): http://www.humanrightsireland.com/DrMauriceManning/15January2008/Email.htm I
hope to receive a substantial written response from you within the
coming 21 days please, and I will write my postal address on the printed
copy (of this e-mail) which I plan to send to you later today through
the registered post. Yours
sincerely, William
Finnerty. |