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Date: Tue, 26 Jul 2005 19:25:46 +0100 (BST)
From: "William Finnerty" <>
Subject: Legal advice from Mr Michael Farrell (Irish Human Rights Commissioner and human-rights lawyer) ...
To: "Ellen Weaver (Solicitor, Northern Ireland Londonderry Law Centre)" <>
CC: "Gerard J Madden (Senior Social Worker)" <>, "Michael Farrell (Irish Human Rights Commissioner)" <>, "Adrian O'Kane (Solicitor at Patrick Fahy & Co.)" <>, "Patrick J. Fahy (Solicitor)" <>, "Gearoid Geraghty (Lawyer, Fair Murtagh, Ballinasloe)" <>, "Ciara Macklin (Lawyer, Fair-Murtagh)" <>, "Martin Egan (Principal Lawyer, Fair-Murtagh Law Firm)" <>, "Law Society (Republic of Ireland)" <>, "Council of Europe" <>, "Kofi Annan (Secretary-General of the United Nations)" <>, "Marcin Libicki (Chairman of European Parliament Committee on Petitions)" <>, "Josep Borrell Fontelles (President of the European Parliament)" <>, "Prime Minister Tony Blair MP (Council of European Union President)" <>, "Jose Manuel Barroso (President of EU Commission)" <>, "Margot Wallstrom (Vice President of EU Commission)" <>, "Stavros Dimas (EU Commissioner for Environment & Social Affairs)" <>, "Prime Minister Bertie Ahern" <>, "Deputy Prime Minister Mary Harney" <>, "Minister for Justice (Michael McDowell TD)" <>, "Garda Commissioner Noel Conroy (Chief Commissioner of Police, Republic of Ireland)" <>, "Chief Constable Sir Hugh Orde OBE" <>, "Northern Ireland Human Rights Commission" <>, "Guardian of the Constitution (President Mary McAleese)" <>, "Alvaro Gil-Robles" <>
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Dear Ms Weaver,
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 )
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: ) 
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 Treatieswere to launch the "infringement proceduredescribed at EU website page address (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 )
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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