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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.)" <enquires@maddenfinucane.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>
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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.
 
 
 


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Constitution of Ireland:
Bunreacht na hEireann

CONVENTION AGAINST TORTURE
and Other Cruel, Inhuman or Degrading Treatment or Punishment (United Nations):

http://www.google.com/search?q=CONVENTION+AGAINST+TORTURE&btnG=Google+Search 

CRIMINAL JUSTICE (UNITED NATIONS CONVENTION AGAINST TORTURE) ACT, 2000 (Republic Of Ireland):
http://www.irishstatutebook.ie/ZZA11Y2000.html

European Convention on Human Rights (Council of Europe):
http://www.google.com/search?hl=en&lr=&q=European+Convention+on+Human+Rights&btnG=Search

Universal Declaration of Human Rights (United Nations):
http://www.google.com/search?hl=en&lr=&q=Universal+Declaration+of+Human+Rights&btnG=Search 


 
 
     
 

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