Dear Gerry,
Further to our discussions of
recent days, and your visit to County Galway last Wednesday (i.e. January 25th
2006) to see my brother (Mr Gerald Finnerty) and my half-sister (Ms Marjorie
Dolan), I feel it might now be useful to review my case, and to set out in
writing the facts I have listed
below:
=======================
1) I have
been charged with a criminal offence in the
Republic of Ireland, and a
scanned copy of the summons in question (
Summons 116403, dated
September 4th 2002) can be viewed at Internet location
http://www.finnachta.com/21Sept2002_Summons.htm
.
2) The Republic of Ireland has ratified the
European Convention on Human Rights, as can be seen at page
http://www.irishstatutebook.ie/ZZA20Y2003.html , and which
contains the full text of the
European Convention on Human Rights Act
2003. 3) Under
Article 6 of the European
Convention on Human Rights Act 2003, and among other things, I am legally
entitled to prepare my defence with the help of a lawyer, and to be provided
with adequate time to do so.
4) To date, and despite
my very best efforts, which include the set of 10 letters I sent through the
registered post in
September 2002 (which are referred to under Item
"
4)" in my e-mail to you reproduced at
http://www.constitutionofireland.com/GerryMadden18January2006/Email.htm
), the several very senior public officials concerned - which include
Prime
Minister Tony Blair MP (mentioned under Item
"5" of the same e-mail),
continue to deny me my legal rights under Article 6 of the European Convention
on Human Rights.
5) As always, I do not believe my
growing set of legal difficulties can ever be justly resolved without the help
of a suitably experienced lawyer who:
a) fully accepts that both the UK
and the Republic of Ireland are bound - by law - to abide by the European
Convention on Human Rights; and,
b) is also willing to act on my behalf
and in my best interests.
6) On account of
the fact that I am being denied my basic legal rights under
Article 6 of
the
European Convention on Human Rights, and
Article 13 as well of
course (i.e. the "
Right to an effective remedy"), I am suffering very
serious mental torture as you and Dr McCavert GP well know - which is a criminal
offence against me under the terms of the
CRIMINAL JUSTICE (UNITED NATIONS
CONVENTION AGAINST TORTURE) ACT, 2000 in the Republic of Ireland (on view at
http://www.irishstatutebook.ie/ZZA11Y2000.html ), and
under the terms of
Section 134 of the
UK Criminal Justice Act
1988 as well.
7) Item (3) under Section
134 of the United Kingdom Criminal Justice Act 1988 reads as follows: "
It is
immaterial whether the pain or suffering is physical or mental and whether it is
caused by an act or an omission." - as can clearly be seen under the
side-heading "
Torture" at page
http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880033_en_12.htm 8)
Those who argue that the criminal offence I have been charged with is
just a relatively "trivial offence", and that consequently I do not really need
the services of a lawyer, or the time, to prepare my defence, speak for
themselves only (from my viewpoint). I wish to stress to all concerned that such people,
without exception, do
NOT speak for me.
9)
I do not consider it a trivial matter to be subjected to an attempt
(by public officials) to
corruptly criminalise me because I wish to challenge the legality of plans to
operate two huge rubbish dumps near my home in County Galway: both of which I,
and many others who are well informed on the subject, believe to be completely
unlawful - on the basis of the objections raised at the following two locations
http://www.finnachta.com/BordPleanalaAppeal.htm and
http://www.annmariekelly.org/LegalAidApplication/3November2004.htm 10)
Neither do I consider it to be a trivial matter for senior public officials to
be acting in a manner which very seriously threatens some of the most
important
heritage sites in the
Republic of Ireland - such as (for
example) those referred to at the following
3 addresses:
http://www.kingollamhfodhla.com/,
http://www.finnachta.com/Hotmail22Sept2004/KnocknadalaN6.htm ,
and
http://homepage.tinet.ie/~williamfinnerty/chaplefinnerty/esker/riada1.htm Please
note that the extremely unusual
Esker Riada heritage site at
Grange (which is very close to my home in County Galway), and the only
one of its kind in the whole world that I know of, was completely destroyed in
April 2001 - as can be seen in the photographs at
http://homepage.tinet.ie/~williamfinnerty/grange.htm
.
As I may have already explained to you, the "
Hill of Tara"
set of heritage sites referred to at the
http://www.kingollamhfodhla.com/ web site is very strongly
associated with
King Ollamh Fodhla (1317 - 1277 BC)
of
Brehon
Law fame,
who was the father of
King Finnachta (1277 - 1257 BC);
and, that the Celtic word
"Finnachta" is the origin of the anglicised
version of my family name (Finnerty). Further information on this piece of
historical information, taken from the
"The Annals Of Ireland by the
Four Masters" (written in
Donegal
between
AD 1632 and
1636), can be seen at
http://homepage.eircom.net/~williamfinnerty/name/annals.htm
.
With reference to the protection of ancient heritage sites, and
provided my memory serves me right, I believe it may also be worth pointing out
at this stage that Minister for Justice Michael McDowell TD is actually on
record (i.e. in the media reports of recent months) as saying he will not be
deterred by "
guff relating to fairy-forts".
11)
There is also the matter of the several unlawful sewage discharges near my home in County Galway - which I do not consider
trivial either. Further information on this particular set of problems can
be found via the registered letter I sent to the
Republic of Ireland Director
of Public Prosecutions (Mr James Hamilton) on
September 21st
2002. Mr Hamilton appears to me to have completely ignored this letter
(the contents of which can be seen at
http://www.finnachta.com/21Sept2002_.htm ): with the direct
result that a wholly unlawful (as I see it)
warrant for my arrest was
issued some weeks later, and which in turn has resulted in my having to
live in "forced exile" for a total of around 21 months to
date.
As far as I know, nothing has ever been done about the
unlawful sewage discharge coming from
New Inn Primary School (close to
the pump-house for the Local Community water supply) - though
Galway County Council (my Local Government) has been informed about it on
several occasions by letters I sent to them through the registered
post.
12) Both yourself and
Dr Michael McCavert GP
have very correctly observed (in my view), on numerous occasions in my
presence, that my general health situation, and particularly my mental health
situation, can only be expected to deteriorate for as long as my legal
difficulties remain unresolved.
13) The worst of the
mental torture I feel at the present time arises from the fact that both
Minister for Justice Michael McDowell TD and
Northern Ireland Justice
Minister David Hanson MP appear to me to be completely ignoring the letters
you very kindly sent to them last year on my behalf. Scanned copies of the
two letters in question can be seen at
http://www.constitutionofireland.com/GerardMadden7November2005/Letter.htm
and
http://www.constitutionofireland.com/GerardMadden13December2005/Letter.htm
.
What is making things particularly tortuous for me at
the present time is that Minister McDowell TD, and Minister Hanson MP, both
appear to be also completely ignoring the contents of the "
To Whom It May
Concern" note from Dr McCavert GP you included in your letters to them (and which
can be viewed at either of the two Internet addresses immediately
above).
14) I believe you saw a practical
example of how things are more generally deteriorating for me, on account of the
way that Minister McDowell TD and Minister Hanson MP are continuing to obstruct
and pervert the course of justice in my particular case, when you visited my
brother (
Mr Gerald Finnerty) and half-sister (
Ms Marjorie Dolan)
in their homes in County Galway last Wednesday: in the form of the recently opened
"
SuperDump" in nearby
Kilconnell.
15) If
consultant
psychiatrist Dr Foster had, as I begged him to do when I ended up in
Omagh Hospital on December 7th 2004, taken the necessary steps to ensure
I was provided with the legal help I requested from him (several times) during
my stay in hospital under his "care" in December 2004, I consider it to be
highly unlikely that
National Toll Roads / Greenstar would ever have been
allowed to complete their Kilconnell SuperDump Project: a project which I
and many others believe was unlawful from start to finish, for the reasons
provided under 9) above.
Instead of ensuring I was provided with
the legal help I so desperately sought from him, and as you already know, Dr
Foster had me forced out onto the street - with nowhere to go - just days before
the Christmas period of December 2004. Please note that I have long
considered this to be act of severe mental torture by Dr Foster against me; and, that the
torturous feelings associated with Dr Foster's actions have been greatly
compounded and strengthened by the fact that in her letter to me dated
August
31st 2005, Ms Aine Downey (Convenor, Western Health & Social
Services Board)
informed me "
I do not intend to refer your complaint
(regarding Dr Foster) to Independent Review". Further information
regarding the details of my complaint relating to Dr Foster can be found at
http://www.constitutionofireland.com/ConvenorWH-SSB-1Feb2005.htm 16)
As you already know, I am now bracing myself for the possibility of
yet another major deterioration in my overall situation regarding the sale of
land in
Lisnamult (very close to
Roscommon Town)
, in
circumstances where it appears to me that my brother and half-sister are about
to be duped and hoodwinked into selling a 30 acre site, very close to the town
centre, for a fraction of its present potential value: even though there is
strong legal protection already in place for them, in the form of
Section 247
of the PLANNING AND DEVELOPMENT ACT, 2000 (Republic of Ireland); but, which
the lawyer acting on their behalf (
Mr Greg Nolan, Hogan & Co,
Ballinasloe, County Galway) does not seem to be encouraging them to
make use of.
"
Section 247" can be viewed at
http://www.irishstatutebook.ie/ZZA30Y2000S247.html ; and, Mr
Nolan has made no mention at all of this in his letter dated
October 13th
2005 to my brother and half-sister, in which he has advised them on the
process to follow for the sale of the land at Lisnamult.
As I
believe you already know, my brother Gerald has very kindly volunteered to sell
this potentially very valuable piece of land in order to help me out in regard
to the large financial losses I have suffered over the past 8 years or so, which are almost
entirely connected with my efforts relating to the location of
TWO
(not just one, please note) huge "superdumps" near our homes in
New Inn,
and with the protection of important heritage sites referred to under 10) above:
by giving me
one-third of the sum of money he receives for the land at
Lisnamult.
According to a trusted friend of long standing, who has
very wide-ranging experience of the construction industry in and around the
County Roscommon area, and who gave me his opinion on the matter in 2004, the 30
acre site at Lisnamult is worth somewhere in the region of between
5 and 20
million Euros: depending on what type of planning permission goes with
it.
Apparently, and for reasons best known to himself, Mr
Nolan does not seem to want to take account of any of the facts set out in the
above paragraphs of this section (or any other section of this e-mail for that
matter): which is yet another major source of mental torture for me at the
present time - not least because of the fact his law firm (Hogan & Co) have
safe-keeping of the title deeds of my home in County
Galway.
As you know, I have sent a letter to Mr Nolan
through the registered post regarding these matters. A copy of the letter
in question, together with a copy of the associated Post Office receipt, can be
seen at
http://www.constitutionofireland.com/GregNolanLawyer23December2005/Letter.htm
.
Please note that I have not received any reply at all from
Mr Nolan to the letter shown at the Internet address immediately
above.
Please also note that, in so far as I can recall
(working from memory alone), the land at Lisnamult becomes ready for sale in
"
February 2006" - because that is when the present tenant has been
given notice to quit -
and which is just DAYS away now of
course.
=======================
I hope to discuss
the above points with you further when we meet later this
afternoon.
For future reference purposes, I will place a copy of
this e-mail at the following address later today:
http://www.constitutionofireland.com/GerardMadden27January2006/Email.htm
Best
wishes,
William.
PRINTED COPY: Dr Michael
McCavert, Omagh Health Centre, County Tyrone, Northern
Ireland.
