Further to our telephone conversation this afternoon,
please find a copy of the e-mail dated January 27th 2006 to Mr Gerard
Madden (Senior Social Worker, Omagh, County Tyrone, Northern Ireland) which
I mentioned to you.
Unfortunately, I am finding it extremely
difficult to bring the ongoing crime I am being subjected to (on a daily basis)
to an end, and I believe this is entirely because the perpetrators of the
psychological "human-rights law" abuse I am being subjected to are senior public
officials.
My main difficulties are outlined in the 16
points I have listed in the e-mail copied below to Mr
Madden.
I feel I should point out that Mr Madden is providing me
with all the support I feel I need at the present time as far as coping with the
problems is concerned; and, that the main reason I am now contacting your
organisation is to see if it might be able to help me to actually SOLVE
the overall set of legal difficulties in question: which is what I feel I now
desperately need - after years and years of struggling with them,
morning, noon, and night.
It appears to me that although Mr Madden
is doing his very best to try and help me solve these problems, he is not - and
this is strictly my own personal belief please note - getting the right amount
and type of legal help and support that he needs from within his own
organisation (i.e. Sperrin Lakeland Trust) for this particular purpose: i.e. the
purpose of actually "solving" the problem, as opposed to "coping" with
it.
In particular, I would like to draw your attention
to "Item 13" in the list below. In so far as I can establish, it
appears that both Minister Hanson MP, and Minister McDowell TD,
are completely ignoring the letters Mr Madden sent to them last year on my
behalf: which included, please note, a "To Whom It May Concern" letter
from my GP (Dr Michael McCavert, Omagh Health
Centre).
Allowing for the situation outlined in the paragraph
immediately above, and as I trust you will fully understand, I am now finding it
extremely difficult to see how my legal difficulties can EVER be
resolved. (Scanned copies of the letters sent by Mr Madden to Minister Hanson
and Minister McDowell can be viewed via the Internet links provided in the "Item
13" section of the e-mail reproduced below.)
Please note that if
the Victim Support organisation can help me, I would very much
appreciate some assistance with filling in the "Criminal Injuries
Compensation Scheme" Application Form (connected with Criminal Injuries
Compenstion NI Order 2002), which I have taken a copy of from the
Internet.
I am very grateful to you for all your help to date, and I look
forward to hearing from you again.
William Finnerty
<newinngalway@yahoo.co.uk> wrote:
Date: Fri, 27 Jan 2006 15:35:04
+0000 (GMT) From: William Finnerty
<newinngalway@yahoo.co.uk> Subject: Review of my case (ECHR Case
Reference: 25077/05) To: "Gerard J Madden \(Senior Psychiatric Social
Worker\)" gmadden@slt.n-i.nhs.uk CC:
"Rosemary Henderson \(Complaints Manager, Northern Ireland Western Health
& Social Services Board\)" <Rosemary.Henderson@whssb.n-i.nhs.uk>,
"Anne Scott \(Northern Ireland Ombudsman's Office\)"
<Anne.Scott@ni-ombudsman.org.uk>, "Gerald Finnerty & Marjorie Dolan
\(New Inn, County Galway.\)" <margieandgerald@yahoo.ie>, "Mr Greg Nolan
\(Solicitor, Patrick Hogan & Co., Ballinalsloe, County Galway, Republic of
Ireland.\)" <greg@phoganandco.com>, "Gearoid Geraghty \(Lawyer, Fair
Murtagh, Ballinasloe\)" <gearoidgeraghty@fair-murtagh.ie>, "Ciara Macklin
\(Lawyer, Fair-Murtagh\)" <ciaramacklin@fair-murtagh.ie>, "Martin Egan
\(Principal Lawyer, Fair Murtagh Law Firm\)" <martinegan@fair-murtagh.ie>,
"Pat Hughes \(Roscommon Auctioneer\)" <phughes2@eircom.net>, "Ellen Weaver
\(Solicitor, Northern Ireland Londonderry Law Centre\)"
<ellen.weaver@lawcentreniwest.org>, "Mr Paul Lenahan \(Madden &
Finucane Law Firm, Belfast.\)" <PaulLenehan@madden-finucane.com>, "Adrian
Kane \(Solicitor at Patrick Fahy & Co.\)" <adrian.okane@pfahy.com>,
NIOWebsite.Team@nio.gov.uk, Law Society of Northern Ireland
<info@lawsoc-ni.org>, Lorraine.Ennis@nio.gov.uk, Northern Ireland Criminal
Justice Minister David Hanson MP <hansond@parliament.uk>, "Minister for
Justice \(Michael McDowell TD\)" <Michael.McDowell@oireachtas.ie>, "Law
Society \(Republic of Ireland\)" <H.Mountaine@LawSociety.ie>, "Caroline
Nolan \(Solicitor, Northern Ireland Human Rights Commission\)"
<Caroline.Nolan@nihrc.org>, "Dr Maurice Manning \(President of Irish Human
Rights Commission\)" <info@ihrc.ie>, "Jose Manuel Barroso \(President of
EU Commission\)" <sg-web-president@cec.eu.int>, "Josep Borrell Fontelles
\(President of the European Parliament\)"
<webmasterpresident@europarl.eu.int>, "Chancellor Wolfgang Schuessel
\(Council of European Union President\)" <public.info@consilium.eu.int>,
Prime Minister Tony Blair MP <webmaster@pmo.gov.uk>, Chief Constable Sir
Hugh Orde OBE <information@nipolicingboard.org.uk>, "Garda Commissioner
Noel Conroy \(Chief Commissioner of Police, Republic of Ireland\)"
<comstaff@iol.ie>, "Commissioner for Human Rights of the Council of Europe
\(Alvaro Gil-Robles\)" <commissioner.humanrights@coe.int>, "Dick Marty
\(PACE Rapporteur of the Committee on Legal Affairs and Human Rights\)"
<pace.com@coe.int>, "Kofi Annan \(Secretary-General of the United
Nations\)" <public.participation@unece.org>, "The Registrar, European
Court of Human Rights, Council of Europe, Strasbourg. \(Re: ECHR Case Reference:
25077/05\)" <infopoint@coe.int>
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
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.
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.
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.
