Email to EU Commission President Jose Manuel Barroso dated April 27th 2005
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Dear President Barroso,
Despite the fact that I have been charged with a criminal offence in the Republic of Ireland, and that a warrant was issued for my arrest there in October 2002, I am unable to find a lawyer who will help me to prepare my defence. Preferably, and allowing for the growing complexity of my case, I would like to have my defence fully prepared by a lawyer (of my choice) at least two weeks in advance of the hearing.
With due regard for the fact that I remain unable to find a lawyer of any kind (despite my best efforts over a period of years), I believe this situation represents a serious violation of Article 6 of The European Convention for the Protection of Human Rights and Fundamental Freedoms.
It is very clearly stated in Article 6.3.b of The European Convention for the Protection of Human Rights and Fundamental Freedoms that everyone charged with a criminal offence has certain minimum legal rights which include the following: "adequate time and facilities for the preparation of his defence". (This information has been taken from the Council of Europe Internet page address titled http://conventions.coe.int/treaty/en/Treaties/Html/005.htm .)
I note that Article 14.3.2 of the United Nations International Convention on Civil and Political Rights also entitles me to have "adequate time and facilities for the preparation" of my defence, and, in addition, "to communicate with counsel of my own choosing". (This information has been taken from the United Nations Internet address http://www.hrweb.org/legal/cpr.html .)
I have tried on several occasions to communicate with the lawyer who is supposed to be acting on my behalf, but, for reasons best known to himself and his colleagues at law firm Fair-Murtagh, he now appears to be unwilling to communicate with me. A copy of the text of my last letter to Mr Geraghty (the lawyer who is supposed to be acting on my behalf), which I sent to him by Royal Mail "Registered Delivery" on December 21st 2004, can be seen at the following address: http://www.constitutionofireland.com/FairMurtaghEmail21Dec2004.htm .
When, several weeks later, there was no sign of a
reply from Mr Geraghty, I asked the Republic of Ireland Prime Minister Bertie
Ahern TD (in my letter to him dated February 24th 2005, which was also sent
through the "Registered Delivery" post, to: a) look into the matter of
why Mr Geraghty and the law-firm he works for (Fair-Murtagh) were failing to
reply to my letters, and b), to take whatever steps were necessary to
ensure that I was provided with the services of a lawyer who would act on my
behalf and in my best interests. The text of my letter to Prime Minister
Ahern can be seen at http://www.constitutionofireland.com/PrimeMinisterAhernEmail24Feb2005.htm .
In the belief that Prime Minister Ahern was not going to help me, and on account of the fact I have been living in Northern Ireland since December 7th 2004 (to avoid arrest in the Republic of Ireland), I then sought help from UK Prime Minister Tony Blair MP. The text of my letter dated March 11th 2005 to Mr Blair, together with a scanned copy of the Royal Mail "Special Delivery" receipt, can be seen at http://www.constitutionofireland.com/PrimeMinisterBlairEmail11March2005.htm .
As I did not receive any reply from Mr Blair to my March 11th letter, I then sent a reminder to him on April 6th 2005. The main text of my reminder to Mr Blair is reproduced below for you to consider. I have not received any reply from Mr Blair to this reminder either, and I feel it is unlikely that I will at this stage. Consequently, I am now writing to you for help.
Under Article 13 of The European Convention for the Protection of Human Rights and Fundamental Freedoms it seems clear to me that I have a legal right to "an effective remedy" for the problems of the kind referred to above concerning Prime Minister Ahern and Prime Minister Blair. The full text of Article 13 reads as follows: "Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity." (This information has been taken from Council of Europe Internet address http://conventions.coe.int/treaty/en/Treaties/Html/005.htm .)
Without the assistance of a lawyer, please note that I do not know how to go about achieving the "effective remedy" referred to in the paragraph immediately above. Consequently, and with due regard for the fact that both Prime Minister Ahern and Prime Minister Blair appear unwilling to help me find a lawyer, I would now be very grateful if you could let me have some written advise regarding this point please.
My postal address is: Mr William Finnerty, "St Albans", New Inn, Ballinasloe, County Galway, Republic of Ireland.
Though I cannot collect mail from my home address above at the present time (for fear of being arrested), I will ask close relatives of mine who live in New Inn village to watch out for your letter, open it, and relay the contents to me by telephone. As an alternative, you may wish to write to me at the following e-mail address: firstname.lastname@example.org (i.e. the same address I am sending this e-mail from).
If anybody tries to arrest me in connection with the warrant for my arrest while I am waiting for the written reply I am now requesting from you, I will offer them a copy of this letter, and refer them to you.
Should anyone try to force me against my wishes to appear in a court of law while I am waiting for a written reply from you, I will attempt to inform the judge about this letter, ask him or her to refer to you, and thereafter remain completely silent for the full duration of the hearing.
Unless you advise me otherwise in writing, I do not believe that I, or any other European Community citizen for that matter, is under any obligation whatsoever to participate in court proceedings which blatantly deprive citizens of their legal right under European Community law to have adequate time and facilities for the preparation of their defence. This seems particularly true to me when the particular "crime" I am being charged with has been manufactured by so called "public servants" who are attempting to corruptly criminalise me (and possibly imprison me in addition).
The difficulties I have been experiencing during the past several years with public servants have been greatly compounded (in my view) by the ongoing failure of the public servants in question to act in a responsible and timely way to the complaint information, and requests for help, which I have written to them about.
Apart from the difficulties referred to in the text of the April 6th 2005 reminder below to Mr Blair, further major difficulties exist for me in connection with the way that the international Aarhus Convention Agreement has not been "laid before Dail Eireann" (Republic of Ireland Parliament) in compliance of Article 29.5.1 of the Republic of Ireland's written Constitution, or "Bunreacht na hEireann" as it is sometimes referred to: a term which literally means "Fundamental law of Ireland" in the Celtic language. Senator Jim Higgins MEP has very kindly raised this matter for me with Prime Minister Ahern several months ago, and received no answer (as far as I know). Further detailed information relating to this point can be found at http://www.constitutionofireland.com/SenatorJimHigginsMEP.htm .)
You may wish to know that the full text of Bunreact
na hEireann can normally be found via the following link:
A further difficulty for me relating to Article 29.5.1 of the Republic of Ireland's written Constitution relates to the international agreement between the Republic of Ireland and the United States which allows Shannon Airport to be used by US military aircraft engaged in the war in Iraq. This is another international agreement which has never (to the best of my knowledge) been laid before Dail Eireann. Concern relating to this problem is much increased by the fact that as far as international law is concerned, as distinct from US and UK law, every international lawyer I know of who has commented in the media on the subject appears to believe that the war which was started in March 2003 in Iraq was entered into unlawfully. I understand that the United Nations General-Secretary (Mr Kofi Annan) has similarly expressed the view in public that the manner this war was entered into was unlawful.
I feel I should make it clear that I am writing to you in particular because it is my understanding that The European Union Commission acts as "the guardian" of the European Union Treaties; and, that "together with the Court of Justice, is responsible for making sure EU law is properly applied in all the Member States". I further understand that if "it finds that a particular Member State is not applying an EU law, and therefore not meeting its legal obligations, the Commission takes steps to put the situation right". I have found this information in Section 3 (titled "Enforcing European law") at http://europa.eu.int/institutions/comm/index_en.htm .
As you may know, I have already written to EU personnel about the various problems in question on a number of occasions during past years. Please note, for example, that a printed copy of the letter text shown at the following Internet address was sent "recorded delivery" to the Secretary-General of the Commission on April 17th 2003, and that the e-mail version was also copied to the European Union Court of Justice (among others). Please see http://www.finnachta.com/EU_Commission_17April2003_.htm for details.
I feel you should also know that, in response to his suggestion, I have asked Mr Geraghty (lawyer at Fair-Murtagh) to explore the possibility of amicably resolving the matter of the extant warrant for my arrest. I have also informed him that if it was not possible to resolve the matter in an amicable manner that I wished to sue the State in connection with the wrongful acts I have been subjected to by public servants acting on behalf of the State.
I know it is possible to sue the State (i.e. Ireland) for such reasons because of the following statement in the book titled "Principles of Irish Law (page 9, 5th edition, by barrister Brian Doolan): "The Supreme Court decided in Byrne v Ireland (1972), that the State is a juristic person which can be sued for the wrongful acts of its public servants." The exchange of correspondence between myself and Mr Geraghty relating to these points can be seen at http://www.constitutionofireland.com/FairMurtaghEmail29Nov2004.htm . (Please note that I have never received any reply from Mr Geraghty to my e-mail to him dated November 29th 2004.)
I hope to have received the written response I have requested from you above within the coming fourteen days please.
--- Main text of April 6th 2005 e-mail to Prime Minister Blair MP ---
Date: Wed, 6 Apr 2005 14:13:02 +0100 (BST)
To view the remainder of the e-mail letter dated
2005 to Prime Minister Blair MP please go to following Internet
People VERSUS Public Servants
Human Rights VERSUS Maladministration
+++ +++ +++
|Printed and signed copies of the e-mail in the section
above were also sent through the Royal Mail postal service on
April 27th 2005 to the following three people:
Please see copies of Post Office "Signed For" receipts for the 3 letters in question immediately below:
The Århus Convention
The Århus Convention establishes a number of rights of the public (citizens and their associations) with regard to the environment. Public authorities (at national, regional or local level) are to contribute to allowing these rights to become effective. The Convention provides for:
Above text taken from: http://europa.eu.int/comm/environment/aarhus/
National Development Plan
"The NDP is the largest and most ambitious investment plan
ever drawn up for Ireland. It involves an investment of over EUR 52 billion
of Public, Private and EU funds (in 1999 prices) over
the period 2000-2006. The Plan involves significant investment in
health services, social housing, education, roads, public transport, rural
development, industry, water and waste services, childcare and local
Bunreacht na hEireann:
Draft Treaty establishing a Constitution for
Text of EU Constitution Draft
Text of Environment Section of EU Constitution
Checking and correcting unconstitutional legislation
(Republic of Ireland):
Legislation and the role of the President of the
Republic of Ireland:
Irish Legislation (BAILII):
Irish Legal Information Initiative
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