Original message ---
To Oireachtas Members (Republic of Ireland
Parliamentarians) on 15 Feb 2005
From: William Finnerty
"Minister Dick Roche TD \(Environment & Local Government\)"
Senator Ulick Burke
<firstname.lastname@example.org>, Beverley.Cooper-Flynn@oireachtas.ie, Martin.Ferris@oireachtas.ie,
Tim.OMalley@oireachtas.ie, Joe Callanan
TD <Joe.Callanan@oireachtas.ie>, Mary.Hanafin@oireachtas.ie, "John Gormley" <email@example.com>,
firstname.lastname@example.org, email@example.com, Paul.Coghlan@oireachtas.ie,"
Michael.D.Higgins@oireachtas.ie, Michael.Collins@oireachtas.ie, John.Bruton@oireachtas.ie,
Paddy.McHugh@oireachtas.ie, Jerry.Cowley@oireachtas.ie, Eamon Ryan TD
Minister Eamon O' Cuiv <firstname.lastname@example.org>
"Republic of Ireland Director of Public Prosecutions \(Mr. James
Subject: "The alarm
bells should ring loudly when government leaders ..."
Date: Tue, 15
Feb 2005 16:17:26 +0000 (GMT)
I would be very grateful for any help that any of you
might be able to let me have regarding the set of closely related
problems I have set out below in my e-mail to
" ... the
alarm bells should ring loudly when government leaders dismiss or profess
ignorance of the concept."
DOCTRINE OF TRIPARTITE SEPARATION OF
"Power thus divided should prevent absolutism (as in
monarchies or dictatorships where all branches are concentrated in a
single authority) or CORRUPTION arising from the opportunities
that unchecked power offers."
"Each branch's independence helps
keep the others from exceeding their power, thus ensuring the rule of
law and protecting individual rights."
Above quotes taken
"Separation of Powers" problem (from Republic of Ireland) mentioned in
e-mail below to Ms Rosemary Henderson.
Copy of e-mail below
showing Internet message identification and tracking information can
be viewed at:
--- Original message ---
From: William Finnerty
To: "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>, "Mr Hugh Mills \(Chief
Executive\) Sperrin Lakeland Health & Social Services
Trust" <email@example.com>, "Gearoid Geraghty \(Lawyer, Fair
Murtagh, Ballinasloe\)" firstname.lastname@example.org, "Ciara Macklin
\(Lawyer, Fair-Murtagh\)" <email@example.com>, "Martin
Egan \(Principal Lawyer, Fair-Murtagh Law
Firm\)" <firstname.lastname@example.org>, "Law Society \(Republic of
Ireland\)" <H.Mountaine@LawSociety.ie>, "Garda Commissioner Noel
Conroy \(Chief Commissioner of Police, Republic of
Ireland\)" <email@example.com>, "Assistant Police Commissioner
\(Galway area\)" <firstname.lastname@example.org>, "Minister for Justice
\(Michael McDowell TD\)" <Michael.McDowell@oireachtas.ie>, Deputy
Prime Minister Mary Harney <email@example.com>, Prime Minister
firstname.lastname@example.org, email@example.com, firstname.lastname@example.org,
"Margot Wallstrom \(Vice President of EU
Commission\)" <Margot.Wallstrom@cec.eu.int>, "Stavros Dimas \(EU
Commissioner for Environment & Social Affairs\)"
<email@example.com>, "Jose Manuel Barroso \(President of EU
firstname.lastname@example.org, email@example.com, firstname.lastname@example.org,
email@example.com, Deputy Ciaran Cuffe
TD <firstname.lastname@example.org>, Marian Harkin TD & MEP
Bernard.J.Durkan@oireachtas.ie, Senator Jim Higgins
MEP <Jim.Higgins@oireachtas.ie>, "Vercingetorix \(Ireland\)"
"Ollamh Fodhla \(Turoe/Tara
& Ulster\)" <email@example.com>, "Kofi Annan
\(Secretary-General of the United Nations\)"
<firstname.lastname@example.org>, "David Dimbleby
\(Broadcaster\)" <email@example.com>, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org,
email@example.com, firstname.lastname@example.org, "Marian Finucane \(RTE\)"
<email@example.com>, "Dr John Kirby \(Bishop of Clonfert\)"
<firstname.lastname@example.org>, "Most Reverend Dr. Robert Eames \(Archbishop
of Armagh, Primate of All Ireland\)"
<email@example.com>, "Roman Catholic Primate of
All-Ireland, Arch-Bishop Dr. Sean Brady"
<firstname.lastname@example.org>, "Guardian of the Constitution \(President
Mary McAleese\)" <email@example.com>, Sir Anthony O'Reilly
<firstname.lastname@example.org>, Prime Minister Tony Blair
<email@example.com>, "President George W. Bush"
Subject: Summary of issues (relating
to Independent Review request). Your reference: ABgen:04/rh. Northern
Ireland Ombudsman's reference: P136/04, H28/04.
Date: Mon, 7 Feb 2005
13:42:52 +0000 (GMT)
Dear Ms Henderson,
Thank you for your
e-mail dated February 3rd 2005.
With reference to your request for
a summary of the issues which I remain unhappy with, please note that
they are as follows:
ISSUE 1): I remain unhappy with the way I was
treated by consultant psychiatrist Dr Foster the last time I saw him
(on Monday December 13th 2004).
I note from your e-mail that you
have now received the printed and signed copy of my e-mail
dated February 1st 2005. Please note the difficulties referred to above
which I experienced with Dr Foster are outlined in SECTION 3 of that
letter. (Some recipients of this e-mail may wish to know that the full
text of the February 1st 2005 e-mail can be viewed at the following
Internet page location: http://www.constitutionofireland.com/ConvenorWH-SSB-1Feb2005
ISSUE 2): I remain unhappy regarding the way Social Services
have not provided me with any help (or guidance) at all so far
regarding the MASSIVE legal problem which forced me to flee my home
in the Republic of Ireland on December 7th 2004.
two main components of the massive legal (and social) problem I refer to
above can be identified as follows:
a) Public servants acting on
behalf of the People of the Republic of Ireland are
systematically violating the fundamental law of the State (i.e. the
written Constitution of the Republic of Ireland) through the abuse of
power and/or through the neglect/dereliction of their duties;
b) The legal profession (overall) in the Republic of Ireland is
corruptly protecting the public servants who are systematically
breaking the law, so that this particular category of
law-breaker cannot be taken before the courts of justice in the
Republic of Ireland. In other words, the legal system in the Republic
of Ireland is treating the self-indulgent and/or
ignorant/arrogant individuals who are violating the Republic of Ireland
Constitution as though they are ABOVE the law.
Article 40.1 of
the Republic of Ireland Constitution very clearly states:
shall, as human persons, be held equal before the law".
deeply angry, dismayed, and distressed, I fled the Republic of Ireland on
December 7th last in search of medical help in a different jurisdiction
- where the Republic of Ireland police would have no powers to arrest
me. I was in danger of imminent arrest by the Republic of
Ireland police, and imprisonment possibly, in connection with a "crime"
which has been invented. This was the second time since October 2002
that I have been forced to flee my home in the Republic of Ireland in
connection with this same make-believe "crime", in order for me to avoid
the risk of being corruptly criminalised.
At present, and
entirely against my wishes, please note that I am (in effect) being forced
to stay away from my own home, and from the Republic of Ireland.
Consequently, a huge and growing source of concern, resentment, and
anxiety for me just now is that I frequently find myself wondering
how long the legal profession is going to allow my present situation to
go on for? It appears to me they are at present contriving to
deliberately leave everything up-in-the-air as far as my legal issues
are concerned - so that I am left stranded indefinitely in a jurisdiction
that is different to the one my home is located in.
tripartite separation of powers principle embedded in the written
Constitution of the Republic of Ireland, all members of the legal
profession there have a very definite obligation to prevent the other
two main organs of government (executive and legislative) from abusing
their powers and/or neglecting their duty. At the present time, the
legal profession in the Republic of Ireland is failing miserably, and
dangerously, in this regard. In so doing they are allowing
the tyrannous and arrogant bullying of the kind that I, and many other
law-abiding citizens like me are being subjected to, to thrive. Tyranny
is of course precisely the social-ill the
tripartite separation of
powers principle was designed to prevent.
As I stated in response
to a question from Dr Kelly at the meeting with consultant psychiatrist
Dr Foster on December 9th 2004, I have been struggling with the legal
problems referred to above since 1998; and, I am growing more and more
desperate for help to bring my involvement in this long drawn out
conflict to a just end. Please note that I have already approached dozens
of lawyers in the Republic of Ireland, and in the UK, for help with the
problem of law breaking by public servants in the Republic of Ireland.
I now believe it would be futile, and indeed counter-productive in
terms of my mental health, for me to carry on with this search any longer
by myself. As I tried to point out (several times and without success)
to the Social Services officer (Ms Christine Freeburn) based in Omagh
Hospital just before I got thrown out, I now need EXTRA help please
with regard to the crucially important matter of I finding a lawyer who
will act on my behalf, and in my best interests.
This matter is now
growing very urgent for me, please note - as is my need to be able to
return safely to my home in the Republic of Ireland as soon as
possible, and without fear of wrongful arrest or imprisonment.
It would be very much appreciated if you and your colleagues - and
all other recipients of this email - could please take careful note of
the fact that, as I have pointed out to Mr Geraghty (lawyer), I already
know - BEYOND ALL DOUBT - that the State (i.e. the Republic of Ireland) is
a juristic person which can be sued for the wrongful acts of public
servants acting on its behalf. I have mentioned this in PARAGRAPH 4 of
the text of my e-mail to him at:
also note that I have asked Mr Geraghty to start legal proceedings on my
behalf for the purpose of suing the State in connection with the
wrongful acts of public servants that I am being subjected to, and/or a
victim of. The request I refer to can be seen in PARAGRAPH 1 of the
letter I sent to him by registered post on December 21st 2004.
According to the Royal Mail Internet tracking service this letter was
successfully delivered several weeks ago to the Fair-Murtagh office in
Ballinasloe, County Galway. The full text of my December 21st 2004 letter
to Mr Geraghty can be seen at:
regrettably from my viewpoint, and despite a number of reminders, I have
not received any reply to my letter of December 21st 2004 from Mr
Geraghty (or from any of his several lawyer colleagues) at
Fair-Murtagh. Neither have I received any reply to my e-mail dated
November 29th 2004 to Mr Geraghty even though a printed and signed copy
of it was also sent through the registered post (on November 30th
2004): which the Post Office tracking system indicates was successfully
delivered months ago. This total failure by Fair-Murtagh to reply to my
letters leaves me feeling that I am being treated by the legal
profession in the Republic of Ireland as though I am
BENEATH the law -
in spite of the fact that I am a full citizen of the Republic
of Ireland, and in spite of Article 40.1 of its written Constitution
(which is sometimes referred to as "Bunreacht na
Should you require any further information from me in
connection with my request for an Independent Review of my case, please
let me know.
Finally, and in case it might not be obvious to some,
I would like to take this opportunity to thank the several people in
Omagh who helped me to get the excellent medical help which I
was provided with on December 7th 2004. My complaint does not relate to
anything that happened on that day, and there is no doubt whatsoever in
my mind that I will always remain extremely grateful to all of the
=== === ===
Final part of
(CONSTITUTION OF REPUBLIC OF IRELAND):
"And seeking to promote the
common good, with due observance of Prudence,
Justice and Charity,
so that the dignity and freedom of the INDIVIDUAL may be assured, true
social order attained, the unity of our country restored, and concord
established with other nations,
Do hereby adapt, enact, and give
to ourselves this Constitution."
=== === ===
People V Public Servants:
History of conflict ...
Ollamh Fodhla (Feis Tara):
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