Mr Paul J. O'Kane LL.B
McShanes Law Firm
34 Hill Street
Newry
County Down
Northern Ireland
BT34 1AR
Dear Mr O'Kane,
RE: Your letter to me dated May 17th 2016
Thank you for your letter dated May 17th 2016, a scanned copy of which I
have placed at the following www location:
http://www.humanrightsireland.com/McShaneLawFirmNewry/17May2016/Letter.htm
I have been on the verge of writing to you regarding your May 17th 2016
letter on a
number of occasions since I received it, but I felt forced to postpone
my earlier plans to reply to
you. This is largely because of certain unexpected developments connected with my overall set of
"legal and medical" problems. If for any
reason you might wish to have further information on the "overall set of legal
and medical" problems in question, as it stands at the present
time, please refer to the list at the
www location immediately below, which includes reference to a letter I took by
hand to Daisy Hill Hospital (Newry) Consultant Clinical Psychologist Dr Elizabeth McMonagle, also on
May
17th 2016, together with references to other items of correspondence since
that date:
http://www.humanrightsireland.com
In connection with your May 17th 2016 letter to me, the main points I
have been intending to raise with you for some months now are as follows:
1) It is not correct, as is stated on Page 1 of your May 17th
2016 letter to me, that
"the sum of £90 was due" for
"outstanding rent".
Consequently, all arguments based on the totally false claim that I was
in arrears with my rent, a claim which I am assuming -- for the moment at
least -- must have originated with
Mr Patsy Heaney, Landlord of 31 Kilmorey Street, Newry,
appear to me to be entirely without substance.
I paid my weekly rent (of £60) each Friday, in advance, throughout the
entire period of my stay at 31 Kilmorey Street, Newry. I always paid my
rent, by hand, to Mr John Hughes, the Manager who works at 31 Kilmorey
Street for Landlord Mr Patsy Heaney; and, Mr Hughes always entered
each weekly payment on my rent book (in my presence), and always signed
his name next to each entry.
When I suddenly left the 31 Kilmorey Street property, thirty minutes or
so following the murder attempt on my life, on the afternoon of November
16th 2015, my rent was fully paid up to the following Friday (November 20th
2015): as I have stated under "Point 3", on Page 4, of the registered
letter I sent to Ms Aoife McShane dated April 4th 2016, a scanned copy
of which can be viewed at:
http://www.humanrightsireland.com/McShaneLawFirmNewry/4April2016/RegisteredLetter.htm
2) I do not believe that Landlord Patsy Heaney has ever had any
justification whatsoever to demand money from me for
storing the belongings of mine which he continues to hold onto against
my wishes. Up to
the time I received your letter of May 17th 2016, it was my
understanding that Mr Heaney's claim that I owe him money, was
entirely to do
with
storage-fees (not rent arrears) he wished to charge me, as evidenced by the
contents of the email I received from Homecare employee Ms Paula Martin
dated March 1st 2016. A copy of the March 1st 2016 email in question can be viewed at:
http://www.humanrightsireland.com/Homecare/1March2016/Email.pdf
Please know that on
December 22nd 2015, Newry based Northern Ireland
Housing Executive Team Leader Niall Fitzpatrick, and his colleague
Michael Keenan, both very kindly offered to go around "straight away" to
31 Kilmorey Street for the purpose of collecting my belongings, and
delivering them that same day to the "temporary/emergency" accommodation
that the Housing Executive had just provided me with at that time.
In
exchange for having my belongings returned to my new accommodation address, I offered
to return the
keys (which you have made reference to on
Page 1 of your May 17th 2016 letter to me, and which Aoife McShane has referred
to in her letter to me dated March 9th 2016), to Niall Fitzpatrick and
Michael Keenan, so that they could deliver the keys to 31 Kilmorey Street on
my behalf (on December 22nd 2015).
Unfortunately, when
Niall Fitzpatrick and Michael Keenan tried to put their plan
to collect my belongings into practice (on December 22nd 2015), they were immediately informed by Mr John Hughes (Mr Heaney's Manager) that they could not do so. Detailed information relating to this
refusal by John Hughes, delivered to me via Michael Keenan, can be found in the email I sent to
Louise Moley LL.B. (of Newry law firm "McGuigan Malone Solicitors") the
following day (i.e. December 23rd 2015). A copy of the December 23rd 2015
email in question, which was copied to Niall Fitzpatrick, Michael Keenan,
Patsy Heaney, and John Hughes,
using the same email, can be viewed at the following www location:
http://www.humanrightsireland.com/McGuiganAndMalone-LawFirm/23December2015/Email.html
I have never received any reply from Ms Louise Moley LL.B. to the
December 23rd 2015
email
at the www address just above.
I feel I should also point out that, much more recently, I have received an email
dated August 19th 2016 from Niall Fitzpatrick which, despite the
contents of the December 23rd 2015 email referred to at the www location
immediately above, clearly
suggests that Patsy Heaney continues to demand that I pay him £90, for
storage fees (not rent arrears), before he returns my
belongings to me. A copy of the August 19th 2016 email I have received from
Niall Fitzpatrick can be viewed at the following www location:
http://www.humanrightsireland.com/NorthernIrelandHousingExecutive/19August2016/Gmail.pdf
3)
With further reference to the letter dated March 9th 2016 which Ms McShane
sent to me, I felt that it would not be appropriate form me to pay the
£90 as she suggested in her letter, and this was partly because of what I have stated
in Section 2 above. A scanned copy of the March 9th 2016 letter from Ms
McShane can be viewed at:
http://www.humanrightsireland.com/McShaneLawFirmNewry/9March2016/Letter.htm
4) Please know that I did
not receive any
letter from Ms McShane, or from anybody else at McShanes law firm, dated
March 14th 2016. It would be much appreciated if you could please let me
have a copy of the missing (from my viewpoint) March 14th 2016 letter in question, which I
only learned about for the first time when I received your letter of May
17th 2016. Closely related to this matter (as I see things) is the fact
that on
March 10th 2016 I sent an email to Ms Paula Martin
(Homecare) which I copied to Ms McShane (and several others), and which
contained a list numbered 1 to 5. For reasons unknown to me, it appears
that Ms Aoife McShane apparently decided, without consulting with me in any way,
not to do anything regarding
Items 2 (RE: recorded delivery
letter Ms McShane was to send to Patsy Heaney),
3 (RE: the
transfer of papers from "McGuigan Malone Solicitors" to McShanes Law
Firm), and
4 (RE: contacting the PSNI, the Police Service of
Northern Ireland, on my behalf), which are all part of that list; and, this is
the main reason why I have not paid the £90 to Mr Heaney. Assuming you
are in a position to let me have a copy of the missing letter of March
14th 2016, my hope is that its contents will explain why Ms McShane
apparently decided to take no action of any kind relating to the matters
referred to above
under 2, 3, and 4 of my March 10th 2016 email, as she had very specifically, and very clearly,
undertaken to do on my behalf during my meeting with her on March 7th 2016. A full copy
of my March 10th 2016
email to Paula Martin, which was copied to
Aoife McShane using the same email, can be viewed at:
http://www.humanrightsireland.com/Homecare/10March2016/Gmail.pdf
As I also stated in my my March 10th 2016 email at the www address
immediately above, by refusing to call in the
PSNI (Police
Service of Northern Ireland) on the afternoon of November 15th 2015, as
I politely asked Mr Heaney to do on a number of occasions that afternoon,
so that the PSNI could examine, and copy, the irrefutable digital CCTV
(Closed Circuit TV) evidence of the murder attempt on my life, it appears to me that Mr
Heaney has "perverted the course of justice" in a manner that has had a
number of very negative consequences for me: and which include the fact that
four weeks or so later I ended up paying a bill for
£2.098.76 (from the Canal
Court Hotel, Newry), which I had to pay for using money I borrowed from
close relatives. This bill could, I believe, have very easily been
entirely avoided, had Mr Heaney called in the PSNI, as I asked him to
do, and which he could very easily have done, at little or no expense to himself.
There are further references, and additional information, on this and closely related
matters in Section 2 of the registered letter I sent to Aoife McShane
on April 4th 2016, a scanned copy of which can be viewed at:
http://www.humanrightsireland.com/McShaneLawFirmNewry/4April2016/RegisteredLetter.htm
A scanned copy of the Canal Court
Hotel bill for £2.098.76 referred to in the
paragraph just above can be viewed at:
http://www.humanrightsireland.com/NorthernIrelandHousingExecutive/17December2015/CanalCourtHotelReceipt-16Dec2015.pdf
===
I would like to end this email by saying that I am supportive of the
suggestion expressed in
Section 9 of the
"NOTES" section on
Page 4 of the
Northern Ireland Law Society "COMPLAINTS
PROCEDURE" that
"An agreed solution is in both your
interests". If however, an agreed solution cannot be reached
within a reasonable period of time, it is my intention to press ahead
with the COMPLAINTS PROCEDURE that I initiated in the "Complaint
Form" I sent through the registered post to Aoife McShane on May 9th
2016, a scanned copy of which can be viewed at:
http://www.humanrightsireland.com/McShaneLawFirmNewry/9May2016/RegisteredLetter.htm
Yours sincerely,
William Finnerty.
Web Site:
http://www.humanrightsireland.com
=== === ===
RELATED ISSUE
Article 47 of the
CHARTER OF FUNDAMENTAL RIGHTS OF THE
EUROPEAN UNION, which I understand came fully into force in
December
2009:
The "Article 47" text in question, under the "TITLE VI JUSTICE" section
of the EU CHARTER reads as follows:
"Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by the law of the Union
are violated has the right to an effective remedy before a tribunal in
compliance with the conditions laid down in this Article.
Everyone is entitled to a fair and public hearing within a reasonable
time by an independent and impartial tribunal previously established by
law. Everyone shall have the possibility of being advised, defended
and represented.
Legal aid shall be made available to those who lack sufficient resources
in so far as such aid is necessary to ensure effective access to
justice."
The full text (of the English language version) of THE CHARTER OF THE
FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION can be viewed at the following
www location:
http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12012P/TXT&from=EN
The Basic Purpose and History of The Charter of Fundamental Rights of
the European Union:
"The Charter of Fundamental Rights of the EU brings together in a
single document the fundamental rights protected in the EU. The Charter
contains rights and freedoms under six titles: Dignity, Freedoms,
Equality, Solidarity, Citizens' Rights, and Justice. Proclaimed in 2000,
the Charter has become legally binding on the EU with the entry into
force of the Treaty of Lisbon, in December 2009."
The basic text of the EU excerpt immediately above has been copied from
the following European Union web site address:
http://ec.europa.eu/justice/fundamental-rights/charter/index_en.htm
===
RELATED REGISTERED LETTER:
A registered letter and a very closely related email (titled "ARTICLE
47, CHARTER OF FUNDAMENTAL RIGHTS OF EUROPEAN UNION") were both sent to the
Northern Ireland Minister of Justice Clare Sugden MLA on
August 24th 2016, and a scanned copy of the registered letter in
question can be viewed at the following www location:
http://www.humanrightsireland.com/NorthernIrelandJusticeMinisterClaireSugdenMLA/24August2016/RegisteredLetter.htm
Also, the scanned copy of a reply dated September 5th 2016 from Justice
Minister Sugden MLA, to the above-mentioned August 24th 2016 registered
letter, can be viewed at the following www location:
http://www.humanrightsireland.com/NorthernIrelandJusticeMinisterClaireSugdenMLA/5September2016/Reply.htm
=== === ===
ELECTRONIC ATTACHMENT:
(Copy of
"To Whom It May Concern" letter dated October 28th 2005
which was written on my behalf by my former GP Dr Michael McCavert, of
the Drumragh Family Practice, Omagh Health Centre, Mountjoy Road, County
Tyrone, Northern Ireland.)
