Kevin Tracey Will Protest Outside Dáil Éireann On Wednesday The 6th July

national | crime and justice | press release

Tuesday July 05, 2011 23:36

by Kevin Tracey

PROTEST IS AGAINST STATE, COURTS SERVICE, GARDA AND JUDICIARY FOR 31 MALICIOUS PROSECUTIONS

INNOCENT ON ALL CHARGES BUT DENIED THE RIGHT TO PROSECUTE THE WRONGDOERS BEFORE A JUDGE AND jURY

press release

I, Kevin Tracey will be protesting outside Dail Éireann on Wednesday the
6th July between 11 a.m. and 2 p.m.

For the past eleven years I have been served with 31 summonses for
offences which I did not commit.

I fought several of these malicious prosecutions in the District Court
and had them struck out, dismissed or withdrawn. The cost to my health,
family, time, professional career and the quality of our lives has been
enormous.

Along the way, I found that I was impeded at every step, often by
individual Judges, often by individual employees of the Courts Service,
often by individual barristers and solicitors, often by individual
Gardaí - not fairly but by foul means contrary to all fair play and
contrary to the spirit and letter of the Constitution.

I have been held in unlawful custody including a beating by Gardaí at
the Bridewell Garda station causing bodily harm and requiring medical
attention.

When, after dismissal or withdrawal of each fraudulent case against me,
I sued the State for damages, the State defended every case but mostly
by foul play. Eventually one year ago, my health broke down. There
were several of my cases ongoing at the time. My lay representatives
went to Court and wrote to the Courts, the State solicitors and all
other parties involved to request an adjournment of all my cases until
my health returned. Medical certificates to attest to my lack of
fitness were supplied to all of these parties. My doctor's certificate
stated that I was unable to work or attend court for a specified time.
My doctor continues to confirm this.

But while I am still ill, the High Court, at the request of the State,
has struck out some of my cases without a hearing "for want of
prosecution", which was the poor excuse used and I ill. Costs have
been awarded against me, despite all the wrongdoing involved.

On 4th March last, The President of the High Court, Judge Nicholas
Kearns, struck out six of my cases, saying that my doctor's certificate
was not acceptable to him and that a man on his death bed would be able
to write an Affidavit.

The State, through its agents, namely the Gardaí, the Director of Public
Prosecutions, State Solicitors and Barristers, were all allowed to
prosecute for concocted offences. In this they were facilitated by the
Courts Service and the Judges. But when these concocted cases failed or
had to be withdrawn at the last moment, these same services became
biased in favour of the State. There has been no apology for malicious
prosecutions. The wrongdoers escape scot free and to date have not
been held accountable.

I am now requesting an Inquiry into this horrendous saga. I accuse the
State and its agents of serious wrongdoing against me and my family.
The system of justice in Ireland is rotten in many aspects.

I am requesting the Taoiseach Enda Kenny, Tanaiste Éamonn Gilmore and
Minister for Justice Alan Shatter to set up an Inquiry immediately. Now
that the Judicial Branch of the State has failed to provide Justice, the
Legislative Branch needs to provide an urgent alternative.

ENDS

Contact: Kevin Tracey Tel No: 087 7792 823

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Kevin Tracey Will Protest Outside Dáil Éireann On Wednesday The 6th July