Thank you for your e-mail dated July 25th
2005.
Please note that I have not received any direct legal advice from Mr
Michael Farrell (Irish Human Rights Commissioner), and consequently I am not
really sure what exactly his overall advice to me is regarding the legal
issues set out below.
Please also note that the criminal offence I am being charged with is
for shouting at a Galway County Council enforcement-officer,
AFTER, and for no good reason that I know of, he
unconditionally refused to look at an unlawful sewage discharge: which was
within yards of where he was standing at the time. This unlawful discharge,
which is STILL fully in place as far as I know, comes from the primary
school near my home in the village of New Inn, County Galway.
This criminal offence that I have been charged with could mean that I
will be given a prison sentence of up to 18 months (as far as I am aware).
Allowing for this, and for the way things have been so very badly handled so far
(from my viewpoint), I now feel that I can only sensibly consider legal advice
regarding my case which is sent to me directly in writing by a
lawyer.
It is true that Mr Gerard Madden (Senior Social Worker) informed me last
week that he has had a recent telephone conversation with Mr Farrell
regarding my case; and, as I understand it (by reading between the lines to
some considerable extent), that Mr Farrell - in effect - appears to be of the
view that it is "unrealistic" for me to believe that I am
fully entitled to all of my legal rights under human-rights law. I am at a
complete loss as to why Mr Farrell might think like this - assuming of
course that he is in fact doing so?
I am copying this e-mail to Mr Farrell in the hope that he will FULLY, and
as soon as possible hopefully, clarify his legal advice to me by
writing directly to me at the address I am using for this e-mail:
having due regard for all of the legal issues connected with my case which
I raise in this e-mail.
I would also like to point out, and to try and stress, that the
ONLY reason I am unwilling (and indeed deeply
afraid) to appear in court in the Republic of Ireland is because
I am unable to find a human-rights lawyer who is willing to act on my
behalf, and in my best interests, for the purpose
of
PREPARING my defence. This is, and always has
been, a huge, insurmountable stumbling block for me, that is not of my
making, and which appears to me to be completely unlawful because I believe it
is a straightforward and
EXTREMELY serious violation
of my legal rights under
Articles 6.3.b and
6.3.c of
The European Convention for the Protection of
Human Rights and Fundamental Freedoms (as shown at
http://conventions.coe.int/treaty/en/Treaties/Html/005.htm )
I feel I should also try to point out now to all
concerned that, in so far as it is possible for me to judge, there is
probably no amount of ignoring, trivialising,
cajoling, bullying, threatening, and such-like, that is likely to
convince me that it is either sensible or reasonable for me to abandon my
legal rights referred to in the paragraph immediately above: many of which seem
to me to derive directly from the United Nations Universal Declaration
on Human Rights, and its complementary International Covenant
on Civil and Political Rights and International Covenant on
Economic, Social and Cultural Rights.
I wonder how many of the recipients of this e-mail would
be happy about being charged with a criminal offence carrying a possible 18
month prison sentence in circumstances where they were being actively denied the
services of a lawyer to prepare their defence? - particularly if the whole
business appeared to be a slyly contrived and co-ordinated attempt to
maliciously criminalise them (by corrupt means): because they were attempting to
protect very important heritage sites from destruction and neglect (such as
"Turoe / Knocknadala" & "Woodlawn House"
for example), in the area where they lived, and, at the same time,
trying to prevent the planned location of TWO huge
rubbish dumps a mile or so from their homes - both of which appear to be
the direct result of wholly anti-democratic, unconstitutional, and unlawful
legislation; and, which President Mary McAleese, in her role as the
"Guardian of the Constitution of the Republic of Ireland", has apparently
signed her name to?
Apart from the European Convention and the United
Nations human-rights law referred to above, and with due regard for the fact
that I am a citizen of the Republic of Ireland, please note there is also
the matter for me of the way large and important sections of the human-rights
law embedded in the "Fundamental Rights" Section
(Articles 40 to 44) of the written Constitution of the
Republic of Ireland, and in its Preamble as
well, appear to be have been entirely unavailable to me
throughtout. (Text available via following link: http://www.google.com/search?hl=en&lr=&q=Bunreacht+na+hEireann&btnG=Search )
I would also like to take this opportunity to point out
that the very long and ongoing abusive legal nightmare I am being subjected
to could very quickly and easily (in so far as I can judge) be brought to a
gentle, just, and healthy conclusion: if EU Commission
President Barroso, in his capacity as "guardian of the
Treaties" were to launch the "infringement
procedure" described at EU website page address http://europa.eu.int/institutions/comm/index_en.htm (in
"Section 3" under the title "Enforcing European
law"), which he has at his disposal for making sure EU law is
properly applied in all the member states. (The text of my letter dated May 31st
2005 to President Barroso regarding this point, which he appears to me to
be completely ignoring, can be seen at http://www.constitutionofireland.com/PresidentBarrosoEmail31May2005.htm )
I am copying this e-mail to Council of Europe Commissioner Mr
Alvaro Gil-Robles in the hope that he might urge Mr Barrosso to do his
duty without any further unexplained delays, which are proving extremely
expensive for me in a number of ways.
I note what you say relating to my query on the
extradition matter: i.e. that it requires a lawyer specialising in criminal
law, and that your Law Centre is unable to advice me on this subject. I
intend to raise this additional new threat for me with Mr Madden (Social Worker)
when I see him tomorrow afternoon.
In an effort to keep some kind of check over all of
the stress, and all of the deep seated and potent anger I feel regarding the way
I have been treated for the past several years in connection with the above
matters, I intend to provide my GP (Dr Michael Mc Cavert) with a printed
and signed copy of this e-mail later today.
Yours sincerely,
William Finnerty.
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