Niall Harnett, Shell to Sea Campaigner, High Court Appeal, Monday 17th August 2009.

by raly Fri Aug 14, 2009 10:30

Time for Niall to use a real legal team and end his martyrdom, you're a terrible lawyer and the legal sstem is stackd against you.

by Seamuseen Fri Aug 14, 2009 12:39

And if not, why not?

Without wishing to in any way try to pre-judge the outcome of this appeal (on Monday 17th August), it nevertheless seems to me that our judges -- if allowed to act completely on their own, without any of the socially benign restraints a randomly assembled  jury  could provide (representing to some extent at least the best interests of the  PEOPLE  of the Republic of Ireland) -- will yet again decide TOTALLY in favour of their paymasters in other sections of our Government, and who are of course all falling over backwards trying to help Shell Oil and their extremely bullying and greedy ways: and doing so regardless of all the HUGE costs to our People, and to our Nation.

I genuinely hope events this coming Monday will prove me wrong; but, if there is no jury involvement in this High Court appeal, I (for one) won't be holding my breath in anticipation of a just outcome: i.e. a High Court decision which favours and supports the "common good" of the People of the Republic of Ireland, in the sense I believe our Bunreacht na hEireann "constitutional text" intended -- and despite the fact our judges have all "solemnly and sincerely" subscribed to upholding Bunreacht na hEireann (please see Article 34.5.1).

A long string of legislative (and court) events during recent years has left me with the very sickening feeling that, for reasons best known to themselves, our judges (and our legal profession) are not taking Bunreacht na hEireann anywhere nearly as serious as they should be doing.

Unconstitutional legislation, Republic of Ireland:
http://www.google.com/search?hl=en&q=Unconstitutional+legislation%2C+Republic+of+Ireland%3A&btnG=Google+Search&aq=f&oq=&aqi=

by Chrissie - Shell to Sea Cambridge Fri Aug 14, 2009 16:14

I have my doubts as to whether 'a proper legal team' would shift the odds sufficiently to give Niall Harnett a better chance of justice; a more proper, truly impartial legal system may be what's needed. Best wishes to Niall & all campaigners for justice.

by James Kelly Fri Aug 14, 2009 16:55

NIALL HARTNETT : ENVIRONMENTALIST AND HUMAN RIGHTS ACTIVIST, CASTLREA PRISON IRELAND.

If Niall has not had an opportunity in prison to access case law on bail; eg the Ryan and O' Callaghan judgements, he should put it to the court as an opening statement that he has a fundamental right to represent himself, but that he has been denied "Equality of Arms" whereby a person shall not, "in judicial proceedings, be placed at a disadvantage visa vi his opponent."

If Niall is unable to access that case law to defend himself he is in a straightforward Inequality of Arms situation before the High Court, which is an instant violation of the European Convention on Human Rights.

The biggest weakness and problem for Niall is the burying of his story by the media. If the judge at the bail hearing is a certain person who is a 'vacation judge' he will look for any bolthole to refuse Niall bail.

He might baulk at that if there was some mainstream press there but I do'nt know if any word was put out to them.

Nothing is proven against you Niall and you have a clear right to bail.

Very best to you Niall. J K.

by W. Finnerty.. Fri Aug 14, 2009 20:05

What evidence is there that any member of our legal profession knows or cares anything about using the European Convention on Human Rights Act 2003 in connection with the practical matter of applying it to protect our citizens from abuse of the kind Niall Harnett is being subjected to at the hands of our public servants and public bodies?

I certainly don't know of any.

If any of them did know, and did care, I believe Niall Harnett would not now be in  JAIL.

True, some members of our legal profession do obviously know that our European Convention on Human Rights Act 2003 is very good for window-dressing purposes on the international stage: but, how many of them are willing to even discuss this particular Act with their clients, let alone use it for the purpose of protecting them?

I certainly have never been able to find one; and, by way of providing an example of the EXTREME difficulties involved, please note that I am still waiting for a reply from Barrister John Glynn (Principal Lawyer at Patrick Hogan & Co, Ballinasloe, County Galway, Republic of Ireland) to the letter I sent to him through the registered post on April 3rd 2007 in connection with the ECHR Article 13 ("Right to an effective remedy") issue I then wrote to him about. A copy of the letter in question can be viewed at: http://www.europeancourtofhumanrightswilliamfinnerty.com/JohnGlynn3April2007/EmailLetter.htm