European Union reference: Petition 809/2001.
Re: Request to DEFER the date of
the court hearing at present scheduled for October 9th
2002 at Loughrea District Court.
Dear Mr Hamilton,
SECTION A:
To date I have not heard anything from Mr.
Gemelli (EU Committee on Petitions) or any of his EU
colleagues regarding the matters I raised in Sections A
and C of my e-mail letter to him dated
September 7th 2002. Consequently, I feel I must ask you
to defer the Court hearing at present scheduled to be heard on
October 9th 2002 in Loughrea District
Court until some later date. (I sent a printed copy of
the e-mail letter referred to in this paragraph to you through the
registered post on September 7th; and, unless I am advised
otherwise in writing I will assume that it has been received by
you, and read by you. A scanned copy of the Post Office receipt -
together with the text of the e-mail - can be seen at the
following www page address:
http://www.finnachta.com/11Sept2002_.htm )
Please note also that I have not yet
received any of the information I requested in my e-mail to
Police Commissioner Pat Byrne dated
August 3rd 2002 regarding the signs in
Galway Retail Park. I believe this information
(which I listed under the headings "1)" to "4)"
) is relevant to my case, and that I cannot defend myself
properly without it. A copy of the text of my e-mail to
Police Commissioner Byrne can be seen at the following www page
address:
http://homepage.eircom.net/~williamfinnerty/clamping_email.htm#1)
In addition, I have not yet received
the sign information I requested from Mr
Tony Murphy (Galway County Council Secretary) in the
second paragraph from the end of the e-mail I sent to him on
August 13th 2002. Again, I feel I cannot
defend myself properly without this information. A copy
of the text of my e-mail dated August 13th 2002 to Mr Murphy can
be seen at the following www page address:
http://homepage.eircom.net/~williamfinnerty/planning_application_.htm#As
Please note that printed copies of the
two e-mails referred to above (to Commissioner Byrne and Mr.
Murphy) were sent through the registered post on the same days as
the e-mails were sent to them, and that scanned copies of
the Post Office receipts for the registered letters in
question can be seen at the two corresponding www page addresses
provided above.
_____________________________
SECTION B:
I have now received copies of three
statements from the police relating to the charge being made
against me. These three statements have been made by my brother
(Mr Gerald Finnerty), Mr Enda Hoey (Galway County Council), and
Police Officer (Garda Adrian McWalter). With reference to these
statements, I wish to make the following points:
1) In his statement, Mr Hoey does NOT
relate the identity of the person/s who complained to him about
the sign I erected in the run-up to the General Election in April
of this year. I feel I cannot defend myself properly
without knowing the identity of the person/s who
allegedly complained to Mr Hoey about this sign: which
was put up at a very critical time
in an effort to get around what I viewed (and still view) as
corrupt media election censorship - of a type which appeared to
be supportive (in effect) of State corruption. Further information
relating to this point can be seen at the following www page
location:
http://www.finnachta.com/Election/May_2002_General_Election.htm#In
2) None of the three statements
contain ANY reference to suggest that a physical assault of any
kind took place - which is correct, because NOTHING of that sort
happened.
3) I have no recollection of
telling Mr Hoey that I was going to punch him. If I did
shout anything of that kind at him, and keeping in mind that I was
extremely angry with him at the time
because of his TOTAL refusal - as a
representative of Galway County Council - to look at the illegal
sewage arrangements at the nearby Primary School (while he was in
the area), I believe it is much more likely I
would have said that I would "like" to punch him:
which (as I see it) is very different from planning to actually do
it. (Rightly or not, I imagine that it is not in breach of any law
to have strong feelings regarding illegal sewage
discharges: which, in addition to the offensive odour they often
produce, also constitute a serious and permanent ongoing health
threat which is lurking there ALL of the time?)
4) It is true that my brother moved
into my path and obstructed me as I walked at a normal pace
towards Mr. Hoey following his refusal to look at the illegal
sewage arrangements at the Primary School. However, and
regardless of what it may have looked like, I was trying to get
close to Mr. Hoey for the purpose of shouting at him at loudly as
I possibly could, and doing so from the closest possible range
(without making ANY physical contact with him):
so that I could indicate to him in the strongest possible terms (within
the law) that I was dismayed by the way
Galway County Council were dealing with the several
illegal sewage discharges
entering the river in New Inn village. I thought
that doing so MIGHT help him (and his colleagues at Galway County
Council) to hear what I have been trying to say
to them for some years now regarding this particular
matter. Throughout this lengthy period, Galway County Council
have been acting throughout as though they are stone-deaf
regarding these unlawful discharges, and they ought not be too
surprised (in my view) if they end up getting shouted at by
someone: in a very late bid to be LISTENED to
(regarding a valid complaint which had already been reiterated
many times to them in writing).
_____________________________
I have now placed a scanned copy of
the SECOND summons (received by me on September
6th 2002) at the following www page location:
With reference to the new charge of
assault being made against me under Section 2 of
the "NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997",
I wish to state the following:
1) Up to the time of reading about
this Act (a few days ago), I did not know that it was possible to
be charged with the offence of "assault" in circumstances where
there was no physical contact.
2) As you will know, however, it
is stated under Item (3) of Section 2 that: "No
such offence is committed if the force of impact, not being
intended or likely to cause injury, is in the circumstances such
as is generally acceptable in the ordinary conduct of daily life
and the defendant does not know or believe that it is in fact
unacceptable to the other person."
Please note that regarding the
incident in question, there was NO physical
contact at all; and, that the swiftness
and completeness of Mr Hoey's refusal to look at
the very obvious illegal sewage arrangement at the Primary
School right beside us gave me the impression that this
response of his was carefully planned in advance:
which I found EXTREMELY provocative.
As far as I know, all of the higher animals - including human
beings - have a natural self-protective tendency to turn fearsome
when provoked. Consequently, I believe my angry response to Mr
Hoey's wholly irresponsible refusal to look at the illegal sewage
was in keeping with what "is generally acceptable in the ordinary
conduct of daily life". It is my experience that people do
sometimes get extremely angry when suddenly confronted with
blatantly irresponsible behaviour: particularly when it is
compounded with what appears to be well prepared smart-aleck
excuses such as: "It's not my job."
3) As you will also know, under
Section 18 - (1) of the Act it
is stated: "The use of force by a person for any of the
following purposes, if only such as is reasonable in the
circumstances as he or she believes them to be, does not
constitute an offence - (a) to protect himself or herself or a
member of that family of that person or another from injury,
assault or detention caused by a criminal act; ... "
Please note that, among other things,
I was trying (by shouting abuse at Mr Hoey) to protect
myself against things such as the E.
coli 0157:H7 bacteria,
and the Cryptosporidium
pathogen (referred to in earlier
correspondence): both of which are associated with untreated
sewage, and both of which can cause
FATAL (repeat FATAL) illnesses. In addition, I
believe that the sewage arrangements Galway County Council
engineered in New Inn village during April 2001 (under the
supervision of Mr Noel Casey) constitute a
criminal act which those concerned were fully aware of at the time
(and since): such is the incredible arrogance of the
people in question.
4) Item 18 (3) (b) of
the Act also states there is no offence where: "he or she
acted under duress, whether by threats or of circumstances;
..." Please note that I feel I have been under EXTREME
duress for a continuous period of several years now - in
the sense that I feel I am being FORCED to accept the
avoidable problems and difficulties associated with poor
administration which I have outlined in my e-mail to Mr.
Gemelli (EU Committee on Petitions) dated
September 7th 2002. (Full text at:
http://www.finnachta.com/11Sept2002_.htm )
Also, please
note that I feel particularly threatened by State corruption: and
the human misery and violence (of all kinds) that are normally an
inseparable part of it.
