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Teresa Treacy Ordered to Jail over ESB Powerlines.

category national | environment | news report author Monday September 12, 2011 19:57author by Niall Harnett Report this post to the editors

“You picked the wrong place here” - Teresa Treacy to ESB consultant Shane McLoughney, April 2007.

Teresa Treacy, a 65 year old woman from Tullamore, Co Offaly has been ordered to jail by High Court Judge Daniel Herbert at the request of the ESB.

Ms Treacy, who shares the family farm with her sister Mary at Woodfield House, Clonmore, Tullamore, Co Offaly has refused the ESB access to her lands in order to protect the natural environment and the native trees that she has managed there for many years.

1._teresa_treacy.jpg

In February 2006 the ESB began plans to construct a 110kV transmission powerline from Cushaling to Thornsbury. The plans specify that double woodpole structures and steel towers accommodating overhead powerlines be built at 200 metre intervals over a total distance of 32 kilometres through the lands of local landowners.

Ms Treacy outlined her objections in a number of letters to the ESB and arranged a number of meetings with them to request that the powerlines be constructed underground for the following reasons.

1) The Health & Safety risks, including cancer risks which are increasingly associated with overhead powerlines as a result of Electro Magnetic Fields (EMF).

2) The fact that she has always maintained and improved her land as a natural habitat which includes native trees, old and new, cared for and/or planted by herself for future generations as a sustainable natural resource, through which the ESB want to smash.

3) The fact that the undergrounding of powerlines is now considered to be best practice across Europe. Ireland and the ESB are at the bottom of the league in terms of catching up with international standards and the progress which has been made to ensure that underground powerlines are the progressive way forward.


The ESB were also pointed to a recent decision in 2006 to underground the Bantry (Colomane - Ballylickey) 38kV powerline, which arose out of intense local protest opposing the overgrounding of that line. The ESB were contracted to that project by a private windfarm developer who succeeded in getting injunctions against local farmers but decided not to enforce them. He abandoned overgrounding in favour of undergrounding the powerline. See here: http://www.indymedia.ie/article/77007

When the Cushaling – Thornsbury project was proposed for Tullamore in early 2006 it appeared that there was stiff opposition to the project among the affected 90 landowners in Offaly. Undergrounding options were discussed as technical possibilities and European best practice had come to the attention of the public.

It's one thing to have a private developer opt for undergrounding but the ESB, fearing that a precedent may be set, were clever enough to use the Irish Farmers Association (IFA) to negotiate a compensation package with the landowners, most of them farmers.

Teresa Treacy stood to gain up to approximately 150,000 euro in 3 staged payments if she agreed to the project and on condition that no legal costs were incurred by the ESB if they had to go to court, in which case the last 2 payments would be 'forfeited'.

This deal, negotiated by the IFA over the course of 2 years, seemed to appease most of the landowners so by the time a public meeting was called to organise the landowners, by Ms Treacy in March 2009, less than a dozen people showed up.

By the summer of 2011 Teresa Treacy was the only one refusing access to the ESB.

The ESB has made a number of applications to the High Court over the summer, including orders for Ms Treacy to unlock her gates and let them in and subsequently an order empowering the ESB to break the locks after Ms Treacy refused to obey the first order. The ESB told the court that Ms Treacy “has an emotional attachment to her trees”. When Ms Treacy obstructed them from breaking the locks the ESB decided to go back to court to issue contempt proceedings against Ms Treacy.

Today, Monday 12th September 2011, Judge Daniel Herbert told Ms Treacy that he had no choice but to uphold the law and ordered that she be jailed for contempt of the court orders.

“I'm begging them for years” said Ms Treacy today. “5½ years, what a waste of time it was trying to talk to them”. Facing jail she said “I feel good, I really do. I just couldn't let them in to do that. It's just not right”.

“The route is cutting through our forest and the old Whitethorn hedgerows. For over 25 years I have used all my time and energy getting our lands into a place of natural beauty and overnight it can be destroyed with high powered lines going through forests beside the old bridge, the old laneway and through the new Oak and Ash woods I planted over 20 years ago. I have spent many years replacing dead trees and cutting gorse with my hands. I filled containers with water from the river so that my forest is a model. All my trees have been pruned individually by me to promote their growth”

“My heart is broken by the thought that they may be uprooted and thrown away. I know I will never see them in their full glory but was satisfied knowing that others would enjoy them long into the future”

“We already have 10 ESB poles on our land and feel that we have already done enough for the common good. Our farm is our life's blood, its scenic beauty from the untouched fields to the river and through the bog, all of it natural flora and fauna”.

Earlier court proceedings were heard by Judge Mary Laffoy who granted orders to the ESB. I'm wondering did Judge Laffoy decide not to be available to the ESB to hear contempt proceedings. Who would want to send an elderly woman to jail in these circumstances? When judgements are made in the High Court they are usually presented as ' ... the High Court has ruled such a way ...', and the name of the judge is understood to be irrelevant for the purposes of law. A judge is simply an instrument of the law and the law must be applied regardless of the personality or opinion of the judge. It is legally correct for a judge to take responsibility for 'difficult cases' because that's their job, and regardless of good reason, and the 3 reasons outlined above, the law must be applied, mustn't it?!

Ms Treacy will remain in jail until she 'purges her contempt' by agreeing to comply with the court orders. The ESB, however, are in a position to make an application to the court for her release, but this is unlikely, at least until they've smashed the trees and constructed their outdated powerlines. Her incarceration is in their hands.

Bury the powerlines, not the people!

Young Ash.
Young Ash.

Old Hedgerows with mature native trees.
Old Hedgerows with mature native trees.

Regeneration.
Regeneration.

Teresa Treacy at home at Woodfield.
Teresa Treacy at home at Woodfield.

author by Seán Ryanpublication date Tue Sep 13, 2011 08:47Report this post to the editors

I received a call from Teresa at about 5am. But I missed it because I was asleep. So she left me a message. She reckoned that she'd not be attending the proceedings as her jailing was a forgone conclusion. So I didn't go myself. I'm sickened that she faced the court alone...

I was Teresa's Mckenzie Friend when the injunction was granted against her. She was incredibly afraid and nervous on the day so she made an application for me to speak on her behalf, which Judge Lafoy granted. Contrary to the many newspaper reports since then, Teresa made no mention to the court at any time, that she'd be willing to go to jail. If she had, she'd probably have been jailed for contempt there and then.

Many newspapers are also reporting that the ESB offered a counter argument to the putting of these cables underground. As per usual, the media hasn't a clue. The ESB initially argued that putting the cables underground was an impossibility. However, when challenged on this, counsel for the ESB amended this untruth. He said that it wasn't an impossibility, rather it would cost five times more than erecting overhead lines. This figure is to be debated too, however, since neither party had any cost analysis available for the court on the day, the argument couldn't be resolved.

The central argument advanced by the ESB as the reasoning for depriving Ms Treacy of her rights was the the ESB needed to update the already existing supply. In other words, the ESB wanted to ensure a better service for its customers. More to the point there was no emergency described as being behind the ESB's proposed work. This was central to the counter argument we offered the court. The Constitution requires that an exigency (emergency) to the common good exist, before a person can have their rights with regard to private property set aside. In plain reading, the very fabric of society itself would have to be under threat. In legalistic reading, the definition of the word "exigency" has been massively diluted. Though it had not been diluted to the point whereby a possible outage, intermittent by nature, would constitute such an emergency, especially so, when considering that the updating of this service, would still not guarantee supply.

Here's what the High Court has said thus far on exigencies: "(1) Whether this delimitation, the restriction on the rights of enjoyment of private property, is in accordance with the principles of social justice and

(2) whether the delimitation, in this case involving expropriation with compensation, is necessary in order to reconcile the exercise of the Plaintiff’s property rights with the exigencies of the common good.

Furthermore these questions must be examined against the background of the presumption of constitutionality and the margin of tolerance allowed to the Oireachtas in making the assessment of what is required to fulfil the exigencies of the common good. In this regard the word “exigencies” has a connotation of more than “useful”, “reasonable” or “desirable”: it means “necessary” and implies the existence of a pressing social need. The notion of necessity is linked to that of a democratic society. A measure cannot be regarded as necessary in a democratic society, based on tolerance and broad mindedness, unless it was proportionate to the legitimate aim being pursued. Furthermore, when the exigencies of the common good are called in and justify restrictions on the exercise of the rights of private property, being fundamental rights spelt out in the Constitution, it should be remembered that the protection of the fundamental right, is one of the objects which needs to be secured as a part of the common good. Has a pressing social need been demonstrated which justify the impugned legislation and its encroachment on the basic rights of private property? Is the amount of the encroachment proportionate to a legitimate aim being pursued and to the difference in the Plaintiff’s situation which requires the delimitation of their rights.”

From that case I take the following propositions. The delimitation of private ownership to be valid must be reconcilable with the exigencies of the common good and with the principles of social justice. There must be a sufficient and proper public purpose for the acquisition and which purpose cannot be achieved by lesser means.

Further the margin of appreciation allowable to the Oireachtas where fundamental rights to private property are concerned is not as wide as in cases such as MacMathuna –v- Ireland and the Attorney General (1995) 1 I.R. 484 and Madigan –v- The Attorney General (1986) ILRM 136 which concern the allocation of social welfare allowances and taxation respectively. The Applicant further submitted and I accept that it follows from Article 43.1.1 that compensation cannot validate an interference with property rights that is not justified by the exigencies of the common good: the right to private property cannot be equated with a right to compensation. It is submitted by the Applicant and I accept that the principle of proportionality applies to the exercise of the constitutional power to delimit the right to property.
"
Taken from Clinton & Ors -v- Quirke & Ors http://courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e...ument
(As an aside, this is something S2S should be looking at - with regard to both the giveaway and CAOs, considering that giving Irish resources to Shell does not address a "pressing social need," it creates one!)

Furthermore, in the Electricity (Supply) Act, 1927, Section 53, part 1 states: "53.—(1) The Board and also any authorised undertaker may, subject to the provisions of this section, and of regulations made by the Board under this Act place any electric line above or below ground across any land not being a street, road, railway, or tramway."

As can be seen, the word "may" is used with regard to placing lines above ground or below it. It does not state who gets to exercise this discretion. Normally this really wouldn't be an issue. However, in these circumstances, where Ms Treacy was willing to allow the lines to be placed underground, this most certainly is a contentious issue.

In her ruling, Judge Lafoy didn't even mention either argument advanced, never mind address them and explain how neither was allegedly relevant.

After the court allowed the injunction the ESB had one more dirty trick up its sleeve. It didn't seek its costs (as bad PR might result), however it did seek the court's leave to make an application for these costs at any future date, which the court granted. In other words, the ESB was threatening Teresa about appealing this appalling situation to the Supreme Court.

In his ruling that Teresa was to be jailed, Justice Herbert said that Teresa was a citizen who was setting herself up against the Constitution and the courts and reasoned that if she was allowed to get away with it that "we may as well sink into anarchy: " It's my opinion that it is the courts who are setting themselves up in opposition to both the Constitution and justice by acting as rubber stampers for the purveyors of tyranny.

I look forward to the day when anarchism is the methodology that facilitates both society itself and justice!

author by Esperanzapublication date Tue Sep 13, 2011 11:29author email saoirse1916 at facebook dot comReport this post to the editors

I would not consider myself to be, what as known as a "tree hugger". Although, I hate to see trees being chopped down such as in the Phoenix Park in the last year. But I realise that these trees were too tall and could cause the fatality of a passerby. These trees however were on private land and no one has the business to fell these except Teresa Treacy and her sister, I have looked at the photos and the lands are beautiful the way they are and chopping down mature trees and transplanting new trees (that may or may not root) just isn't the same. Their land is lush and a haven to them. How dare the ESB take them to court over something that isn't theirs to start with. And furthermore, how disappointing is it to see a Judge hands down a custodial (I believe that's what its called so forgive my ignorance if I'm wrong) sentence on this 65 year old lady, that she cannot get out until she agrees to it. This is ridiculous. Is this what's ahead for all of us? That the government and big business can lock you up until such a stage as you hand over your belongings to them. This doesn't even sound as if its legal to me. Its as if the different laws are being twisted and abused to force a particular outcome which would not be in favour of Teresa Treacy and her sister. I think this is truly awful. I feel so sorry for this lady banged up in prision, all alone, because she stood up to big business. I would love to help her, but I don't know how. Would someone be able to tell me. Perhaps it is something for Amnesty International, but I again, am not sure. If anyone knows how I can help or at the least let her know she is not alone with a whole country against her, can you please contace me.?

Related Link: http://www.indymedia.ie/publish?story_id=100498§ion...mment
author by A narky Dublinerpublication date Tue Sep 13, 2011 16:46Report this post to the editors

Quite a sad story. Thanks for your comment Seán. It's really informative and to tell you the truth, it's quite inspiring. It's nice to know there are others out there who came to the same conclusion regarding the Judges comments about anarchy.

author by Des - Nonepublication date Tue Sep 13, 2011 17:59Report this post to the editors

Not a single one of the financial speculators who brought the country to its knees has spent a day in jail, but this elderly lady is going to be locked up. Says it all about our dear little country.

author by John Kellypublication date Tue Sep 13, 2011 23:01Report this post to the editors

What is happening on her land now that she is locked up (with no release date! ) Are ESB and others getting to work ? Is anyone down there now ?

Will we phone the TD with pony tail, can't think of his name, he should raise a rumpus on the opening of the Dail tomorrow over the woman's effective internment without trial and without sentence limitation.

The class war continues apace and the elite know how to prosecute it.

author by Ailispublication date Wed Sep 14, 2011 11:29Report this post to the editors

Teresa Treacy deserves better,totally committed to the protection of the environment and Health and safety,She is an inspiration to us all,planting native trees many years ago.
Meanwhile our Government is selling off our assets(ESB incl,)our valuable natural resources oil &gas, allowing Big Business to trample on the rights of citizens,jailing those who get in their way.
Despite having signed up to the AARHUS CONVENTION in 1998 IRELAND remains the only
country in the EU not to have ratified it. Hypocracy plenty but NO Democracy.!

author by thediggerpublication date Wed Sep 14, 2011 14:08Report this post to the editors

She is going to jail for refusal to obey a court order.

If we did not have sanctions there would be no rule of law, and no order.

References to financial speculators/big business/aarhus convention is completely, and probably willfully, missing the point.

Get a grip.

author by W. Finnerty.publication date Wed Sep 14, 2011 14:22Report this post to the editors

"In his ruling that Teresa was to be jailed, Justice Herbert said that Teresa was a citizen who was setting herself up against the Constitution and the courts and reasoned that if she was allowed to get away with it that 'we may as well sink into anarchy'." (From the Comment at Tue Sep 13, 2011 08:47)

As far as I'm concerned at least, there is an overwhelming and very long string of irrefutable evidence that our entire legal profession in the Republic of Ireland -- led by our judiciary I would say -- have for the past several years been very successfully setting themselves against some of the most important and basic principles of our Constitution, and that between them all they are collectively doing infinitely (or very close to it) more damage to our Constitution, and to our sovereign and independent "Nation State" (so called as it at the present time), than 10,000 or more people like Teresa Treacy are ever even remotely likely to inflict.

Consequently, I would like to take this opportunity to "comment back" at Justice Herbert, in the loudest and most public way I can, that if he and his colleagues in our (Republic of Ireland) legal profession manage to get away with all of their ongoing, outrageous, and extremely serious abuses of power for much longer, it is into the depths of tyranny the people of the Republic of Ireland will be sinking.

Related link:
http://www.humanrightsireland.com/PresidentialHopefuls/...ciary

author by thediggerpublication date Wed Sep 14, 2011 14:36Report this post to the editors

"there is an overwhelming and very long string of irrefutable evidence that our entire legal profession in the Republic of Ireland -- led by our judiciary I would say -- have for the past several years been very successfully setting themselves against some of the most important and basic principles of our Constitution"

Such as?

author by Serfpublication date Wed Sep 14, 2011 14:37Report this post to the editors

I think the point is that we are hypocritical about who we put in jail.

We sanction those people of conscience who have a value system not based solely on profit but who value things like the environment and quality of life and having unpolluted places, clean air and water where nature can flourish.

Yet we turn a blind eye to corporate and financial pillagers who would poison and destroy our environment forever for quick short term profits for themselves and their accomplices. None of those will ever see the inside of a jail cell though many should if there was any true justice.

We can't eat or breathe money. its just paper and a promise.

Soon the ESB will be sold off for a song and will be just another (even more) greedy corporate bloodsucker. Berties friends have their beady eyes on coillte lands. Fracking will destroy the lough allen basin. Gas in erris and no doubt some oil as well will flow into the coffers of the rich shell corporation. And when this brief bonanza has ended we will be left with LESS than we had before. Polluted water, destroyed woodlands, razed forests, systematically stripped boglands, and bitter divided communities.

I'd rather just keep what we have already and value it properly instead of letting these rapacious vulture capitalists destroy our heritage and steal everything they can find of value from us leaving us to clean up the mess afterwards. Don't we ever learn anything from history?? Somebody has to take a stand. Hats off to this lady.

author by outragedpublication date Wed Sep 14, 2011 14:56Report this post to the editors

What does one have to do to protect one's property?

I do not recall reading anywhere when the CPO (compulsory purcahse order) or the CAO (compulosry acquisitions order) were issued against the Treacy sisters. Does anyone have a date for this/
Under EU law (article 17 of the charter of human rights) any EU citizen has the RIGHT to own property - subject to it being used for the common good. if its required for the 'common good' then the process of CPO or CAO must (I presume) kick in. (The common good would also be served by the underground cable)
Did it (CPO/CPO)exist in this case or may the ESB/EirGrid just waltz in and do as they please on private property?

As far as Im aware an underground cable is being installed in (or planned for) Rush in Nth Co Dublin. how come it's not too expensive there? But here in Offaly its necessary to destroy beautiful woodlands forever (which cannot be replaced in this lady's lifetime) because it's too expensive?
Did nt Teresa say she was willing to forego the compensation in lieu of undergrounding the cable - wouldnt that go towards the cost?? (if it was too expensive in the first place)

Can an underground cabling company be called upon for an exact quotation?

author by Niallpublication date Wed Sep 14, 2011 15:12Report this post to the editors

In response to some of the comments above ..

What's happening now is that the ESB have moved in on Teresa's land while she is locked up and are smashing the trees in preparation for the erection of poles and pylons. The land is split by the public road. On one side of the road is the house with the Ash Grove and mature trees at the back. The ESB are working at the other side of the road, away from the house, clearing Spruce, Oak and Birch mostly.
They have a lot of work to do and appear to have chosen to start as far away from the house as possible for the moment.

What to Do?

There are a number of things people can do to in the way of support.

If people are near, or are willing to travel to Tullamore they could call in to Teresa's sister Mary who is alone, stunned and upset in the house. Contact me at 086 8444966 for her number.

People could witness the damage being done, take photos and write reports here for Indymedia.

Write to Teresa Treacy, The Dochas Centre, Mountjoy Prison, North Circular Road, Dublin 7.
Write to her sister Mary Treacy, Woodfield House, Clonmore, Tullamore Co Offaly

Ring Governor Edward Whelan at the prison 01 8858987 and ask him to make a right choice, do the right thing and release Teresa immediately and take the flak. Life is all about choices isn't it?

Arrange a visit with Teresa : http://www.irishprisons.ie/prisons-dochas_centre.htm

Challenge the ESB.

Stop them.
---------------

PS - Esperanza, you're email is not working.

Related Link: http://www.irishprisons.ie/prisons-dochas_centre.htm
author by thediggerpublication date Wed Sep 14, 2011 15:15Report this post to the editors

Absolutely missing the point, both of you.

She has been jailed for refusal to adhere to a court order. That is the issue here.

No one here has the in depth knowledge of the case itself to assess the merits of otherwise of the ESb or the landowners case.

The court has done that and made an order. That is how the rule of law in this country works (or at least should work: the lawless vigilantes in Rossport have their own ideas, but enough of that).

She defended a case and lost, and ingoring the order made following that case carries its own consequences.

It is that, or mob rule.

author by Maura Harrington - Shell to Seapublication date Wed Sep 14, 2011 16:46Report this post to the editors

I salute the courage and conviction of Teresa Treacy who has been lodged into Mountjoy by the continuing cozy consensus in this rotten vassal state - legislation is framed by the Dáil which continues to defer to corporate/business dictat (power brokers have merely moved from the Galway tent to wherever FG grotty golf is played) , the courts implement the legislation in place at the time with little wriggle room and a woman who possesses a love of Place is carted off to jail.

As one who has been there may I ask people reading this thread to please write - letter, card, note - to Teresa at Dóchas Centre, Mountjoy Women's Prison, North Circular Road, Dublin 7. Unless one has been there it is difficult to understand what getting post in prison means to the recipient.

If you say on reading this 'That's a good idea, I'll do that' - do it right NOW, address it, stamp it and put it in the box!

Gura míle, Maura

author by one ten two tenty four fortypublication date Wed Sep 14, 2011 18:00Report this post to the editors

in reply to "the digger" and also to "outraged".
First of all in reply to the digger;Teresa Treacy was jailed because the ESB wanted her jailed. Thats the way the esb have always done things,their way or no way.The facts are that while the 1927 Electricity Supply Act applies to esb,it does NOT apply to Eirgrid. The Transmission of electricity is operated by Eirgrid and NOT by ESB. However,as has happened in other places around this country,ESB apply for (and have never yet been refused) planning permission to build a powerline.Then they get the landowners to sign over a Deed of Easement to the ESB who in turn,assign this deed of easement back to Eirgrid.Thats how its done.Any landowner who puts up a fight,gets a bit more compensation.It usually works;"money talks" and all of that. Then there are a few that cannot be bought,such as Teresa Treacy and she is usually the "last one standing" and they (esb) make an example of her.
I understand (correct me if i am wrong) that the Judge jailed Teresa for two main reasons,one was because she was "preventing the completion of a powerline"
iF SHE HAD GIVEN CONSENT FOR THAT POWERLINE TO BE PLACED UNDERGROUND THROUGH HER PROPERTY,THEN SHE WAS NOT PREVENTING THE COMPLETION OF A POWERLINE.

I understand that the judge ruled in favour of ESB & Eirgrid? If he did then i believe he was wrong on this point also.

In document s, received through the FOI, (Freedom of information) is a Barristers opinion received by solicitors for Eirgrid in Nov 2010.The Barristers opinion was sought by Eirgrid and asked the question; "whether the powers conferred on the ESB pursuant to section 53 of Electricity (supply) Act,1927 were transferred to Eirgrid by Regulation 29 of S.I.445 2000"......the Barristers answer was "NO".
So there you have it,Eirgrid have no authority to enter your property for any reason whatso ever and that includes building a powerline and / or transmitting electricity.
There my be a barrister out there that would take up this case for Teresa Treacy?

Someone else asked about the cost of this type of work and cost of overhead V underground.
ESB will always use figures like three to five times more expensive underground. The only place they have put these high voltage lines underground is in places like Dublin and other cities and towns. Therefore the cost / price being quoted is "city" price. There is no comparison between putting a line underground in the city and one underground through the countryside.
Part of the Interconnector contract is a section of underground from the coast ,north county Dublin,as far as Batterstown in Meath.This type of job is easy enough nowadays with modern machinery and equipment.

The Company ABB are the ones who are contracted to do the interconnector between Ireland and Wales.(www.abb.com) This company have previously stated that "the conventional view that an underground link will cost 5-15 times its overhead counterpart must be revised.Depending on local conditions,it is realistic that the costs for an underground high voltage line are equal to that of traditional overhead lines"

So these are the facts of the matter,its a pity that people have to be put in jail for standing up for their rights.

author by W. Finnertypublication date Wed Sep 14, 2011 18:20Report this post to the editors

One example of the extreme and treasonous treachery of the Republic of Ireland's legal profession:

'Well worth noting (as I see things) in connection with Article 6.1 of the Republic of Ireland's Constitution, the European Union Treaty of Nice (2001), the European Union Lisbon Treaty (2008), and the global future of genuine democracy, is the fact that the Republic of Ireland's legal profession has found an entirely new meaning for the word "final" which still cannot be found in any reputable dictionary (that I know of), but which our legal profession will nonetheless claim to be "legally binding" no doubt (through "legal precedent") for the remainder of all time presumably: and, by such means usurp (for all time?) the crucially important and key legal mechanism of genuine democracy whereby "the people" of the Republic of Ireland are allowed to have the final say regarding what they feel and believe is best for the "common good".'

For the context of the above excerpt please click on the following link:
http://www.humanrightsireland.com/PresidentialHopefuls/...e_6.1

Article 6.1 of the Constitution of the Republic of Ireland (without the piece in brackets) reads as follows:

"All powers of government, legislative, executive and judicial, derive, under God, from the people (and not from cliques of corruption-ridden and crime-supporting 'ruling elites' who arrogantly, and with impunity, put themselves above the law and everyone else beneath it as and when they wish, and for as long as it pleases them), whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good."

author by thefillerpublication date Wed Sep 14, 2011 19:07Report this post to the editors

@theDigger

How naive do you have to be to assume that the legal system really is impartial in Ireland?

The enforcement of a court order is not the issue; whether the court order was fair at all is at issue.

What you and many conservatives throughout history have called "mob rule", most of us call democracy.

author by the weaverpublication date Wed Sep 14, 2011 20:40Report this post to the editors

Teresa Tracey is an inspiration and it is indeed a travesty that she is being persecuted in this fashion. The fact that she disobeyed an injunction is NOT the point. There is a notable lack of media coverage of the event and in particular no in depth analysis of why an injunction is granted against a land owner for ensuring that their property is not destroyed. Teresa has requested that the line be placed underground but the complete inability of the ESB to comprehend that their present policy of stringing wires at random around the country is a very outdated policy and only serves to demonstrates management's total ignorance of modern technology - it also demonstrates their belief that money buys everything - ignorance again to the fore in their inability to comprehend that for some people at least, money is not their god. The ESB appear to have the ear of government and the law - that can be witnessed around the country. The problem is that as citizens, who are paying for these power transmission projects, we appear to be totally helpless to influence either ESB or government. So the question really is 'how can we ensure democracy?' because it is not particularly visible in present day Ireland.

author by W. Finnertypublication date Wed Sep 14, 2011 20:48Report this post to the editors

I would like to further add that the ability of members of our judiciary to imprison people -- without the involvement of a jury -- is (in my view) by far the most serious aspect of this particular case, and of other earlier ones involving Tara and Rossport protestors (for example).

To make matters at least ten times worse in my opinion, there is no limit (as far as I know) to the length of time this unfortunate and unlucky woman, Teresa Treacy, can now be kept in prison.

The people of the Republic of Ireland, if they know what's good for them, would do well to study very carefully the view provided below of former United States President Thomas Jefferson regarding the basic danger of "trial by judge", as opposed to "trial by jury", and to demand changes in the law (without delay) for the purpose of eliminating this deadly danger for our society as a whole.

"I consider Trial by Jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution". (The HIGHEST law of the land that is!!)

"It's every person's right" (Trial by Jury):
http://www.humanrightsireland.com/PrimeMinisterCowen/27...l.htm

author by Ailispublication date Wed Sep 14, 2011 21:51Report this post to the editors

We, the people own the ESB ,Teresa Treacy offered an alternative to allow the cables to be placed underground.To have allowed this in law would have "set a precedent"to other land owners to demand the same knowing that to be the correct procedure.One can only assume that Teresa Treacy has been jailed as a cost cutting exercise for EIRGRID/ESB.
IT is now up to the ESB to withdraw the order or whatever it takes to FREE this innocent lady and
do it SOON .

author by Family Friendpublication date Wed Sep 14, 2011 22:37Report this post to the editors

I am a friend of the Treacy family. Please be advised that Mary (Teresa's sister) is being WELL LOOKED after by her family. She is upset and stunned at what has happened to her sister but she is NOT alone. All through this case Teresa has had support from her family and friends who has HER best interests at heart.

author by Pat Riotpublication date Thu Sep 15, 2011 07:12Report this post to the editors

15th Sept message.Help needed in Ireland.-Anyone living near Tullamore please go to the farm where the ESB are trying to cut down trees this morning, One man from Awaken Ireland in Cork is up there and needs support to help these ladies, thank you.Teresa Treacy, a 65 year old woman from Tullamore, Co Offaly has been ordered to jail by High Court Judge Daniel Herbert at the request of the ESB. If approached by ESB staff Guards etc Just explain that you are exercising your right under local agenda 21 in blocking the trees being cut.

author by W. Finnertypublication date Thu Sep 15, 2011 10:46Report this post to the editors

The ESB and the Guards etcetera present at the site might also be very usefully informed that, since they signed the INTERNATIONAL United Nations Aarhus Convention agreement in 1998, the government of the Republic of Ireland has been making smithereens out of it with impunity, thanks to our Judiciary mostly (in my view): and with no indication so far (which I know of) that our Judiciary has even the slightest intention of ever using the very potent "separation of powers" options available to them for the purpose of keeping the other two main branches (Executive and Legislative) of our Government in check regarding this and other environmental matters; and, similarly in connection with a large "raft full" of other equally if not more important constitutional abuses and violations besides this particular one, which our Judiciary are also turning a completely blind eye to for the past several years: in a manner which entirely unconstitutional, and consequently entirely unlawful.

Among the most important features of Aarhus Convention Agreement are the following:

"It links environmental rights and human rights";

"It links government accountability and environmental protection";

"The subject of the Aarhus Convention goes to the heart
of the relationship between people and governments.".

Related link:
http://www.europeancourtofhumanrightswilliamfinnerty.co...l.htm

author by Sheilapublication date Thu Sep 15, 2011 21:17Report this post to the editors

God love her family. I'm from the town nearby Teresa and I've gone to school with her nieces who I know adore the ground she walks on. I know that Teresa is their everything and that they must be so devastated let alone her dear brother and sister. Girls if you read this its Sheila O'Shea you are in my thoughts and prayers. Its scandalis is not right.

author by Declan Cullenpublication date Thu Sep 15, 2011 22:34Report this post to the editors

Judge Daniel Herbert mentioned the 'Constitution of Ireland' as part of the reason why he jailed....


Judge Daniel Herbert mentioned the 'Constitution of Ireland' as part of the reason why he jailed 65 year old Teresa Treacy, of Woodfield House, Clonmore, Tullamore, Co Offaly.

What Judge Herbert has overlooked is that HE is in direct violation Mrs Treacy's constitutional rights and therefore in violation of the Constitution of Ireland.

This lady, like the rest of use, has rights which were granted to her under the Constitution of Ireland such as, 'Property Rights', 'Personal Liberty', 'Freedom of Expression', 'Equality before the Law', and the 'Right to Privacy'.

As mentioned before, Judge Herbert is in direct violation of those rights, and could himself be found guilty and sentenced to a jail term because HE is setting himself against the Constitution of Ireland.

The hypocrisy is most blatant. But then what do you expect from part of the hierarchy that controls our everyday lives. Its a real 'Do as I say, not as I do' scenario.

Let's hope the people of Ireland will jump to the defence of this lady. Because one day the powers that be they might come for us.

Teresa Treacy Outside Court on the 12th September 2011
Teresa Treacy Outside Court on the 12th September 2011

author by shoegirlpublication date Thu Sep 15, 2011 23:10Report this post to the editors

While I understand why Ms Treacey is so upset, EirGrid and ESBi are pretty sensitive and experienced, unlike your average notorious builders who will wreck everything within a 1 mile radius. Unfortunately people have had so much damage done that every development is now objected to for fear of a repeat.

Trouble is, this line is necessary, 100kv lines are usually backup lines to prevent brownouts to local supplies.
This is to make sure that factories, businesses, offices etc can exist in areas and provide jobs to people like Ms Tracey and her neighbours. Without these servies, there is little chance to get these areas vibrant again. Why do you think we have ghost towns? We have ghost towns because we built 1000s of houses with no infrastructure.

The only answer is start with basic things - water, electricity distribution and transmission, and proper roads.

Then start talking about building whats feasible.

The second thing is that people like Teresa are adding huge amounts to the cost of providing electricity in Ireland. The cost of objections in the last couple of years alone has run into hundreds of million for EirGrid (I am not sure about ESB). Guess who pays for this: YOU do!! The cost of these is simply priced into the price of running the infrastructure and sent straight back to the consumer as the PSO charge.

And I am sure loads of you are the first to whinge about how Ireland is the most expensive place in Europe for electricity - this is why!!

The planners in Eirgrid and ESB don't just make up routes for fun, they take a number of factors into account and look at the best route for local and regional needs - the main focus is security of supply which basically means continuous supply.

Sadly, I don't know if jailing is the right result for this, I'd be more keen to give Teresa and others a taste of their own medicine and completely shut off their electricity supplies indefinitely - give them a taste of the future that they are bringing to others.

author by Teslapublication date Fri Sep 16, 2011 07:55Report this post to the editors

And I am sure loads of you are the first to whinge about how Ireland is the most expensive place in Europe for electricity - this is why!!

Not true. Electricity is so expensive to pay the exhorbitant wages of those in the top jobs and because it is policy to screw the citizens of this country rather than providing them cheap electricity which is what they SHOULD be doing. Greed. thats why. Stop scapegoating this woman for political and management decisions and policy.

author by Seán Ryanpublication date Fri Sep 16, 2011 08:14Report this post to the editors

It's 110kv not 100kv. And 110kv does not automatically imply that the service is being developed for the new factories that you reckon a 65 year old might find a job in. Indeed the ESB, in court have explained that this development is merely updating an already existing service. 110kv gets transformed down to 38kv which gets transformed down to 10kv which in turn gets turned into 220v for household supply. The reason high voltages are used is to ensure efficiency; the higher the voltage the less power is lost in transmission.

I'll say nothing on your idea that we should initiate an infrastructure bubble to ensure that the property bubble is repaired or your notion that the lack of this new bubble caused the losses that are due, in reality, to a gambling addiction.

You said "The planners in Eirgrid and ESB don't just make up routes for fun, they take a number of factors into account and look at the best route for local and regional needs - the main focus is security of supply which basically means continuous supply."

You're very wrong there and this is why I'm replying to your post. Let me quote from what Eirgrid have said on this particular matter with regard to the Transmission and Development Plan 2008, of which, the destruction of Teresa's trees is a constituent part. The document I'm quoting from can be found here: http://www.eirgrid.com/media/Transmission%20Development...n.pdf

Here's the quote: "The network is designed to comply with the Transmission Planning Criteria. These set out objective reliability standards, which are comparable with planning standards internationally, and which have been found to deliver an acceptable compromise between cost of development and level of transmission service provided."

So as you can see, it's not about continuous supply at all. It's about the compromise between cost and quality. In other words, making the job as cheap as possible via following minimum standards allowable.

author by the weaverpublication date Fri Sep 16, 2011 10:54Report this post to the editors

Quote "The second thing is that people like Teresa are adding huge amounts to the cost of providing electricity in Ireland. The cost of objections in the last couple of years alone has run into hundreds of million for EirGrid (I am not sure about ESB). Guess who pays for this: YOU do!! The cost of these is simply priced into the price of running the infrastructure and sent straight back to the consumer as the PSO charge."

Just a few thoughts - If we are the ones paying why are theESB and Eirgrid so concerned about cost??
I would like to point out that it is not the objectors who have added cost to the project - just think for a minute...people object on grounds of health among other things but have always suggested that ESB follow international best practice and the precautionary principle, and ask that the lines be put underground. The IFA jumped on the bandwagon and agreed with ESB that they would persuade the people to accept pylons and overhead lines. In order to do this the compensation cost was pushed up and this was further compounded by said IFA suggesting that people apply for planning permission to build houses under the lines in order to get even more compensation.

The technology has existed for years to underground lines and with the amount of knowledge now available about the dangers of EMF only an idiot would agree to having overhead lines anywhere near them - money now but potentially an early death due to EMF effects.

Remember too that insurance companies will not insure you for the effects of EMF. So when you allow lines to be run and take the compensation will you in turn be responsible for the health of those people who live in the vicinity of the lines??

author by Con Connor - Ireland's Druidschoolpublication date Fri Sep 16, 2011 12:01Report this post to the editors

Judge Daniel Herbert and the courts have set themselves up in opposition to both the Constitution and justice by their abuse of position and another innocent is jailed to ensure maximum profits for corporate imperialism in this case the ESB. Similar stories of the misuse of power by the judiciary can be found in the Tara and Rossport cases.

What has corrupted the minds of these judges? Why do they no longer protect the rights granted to us under our constitution? Why is there no media outcry? But most importantly - why is Teresa Treacy, an innocent, in jail when she is the victim of corporate bullying?

author by Con Connor - Ireland's Druidschoolpublication date Fri Sep 16, 2011 12:53Report this post to the editors

A judge has jailed an innocent woman who has not even been accused of a crime! The judge abused his oath. The judge abused the constitutional rights of Mrs Treacy. Similar wrong decisions by other judges also jailed people at Tara and at Rossport. Mrs Treacy's case is that she does not give permission to the ESB. At Tara people made repeated public objection to the wanton destruction of our indigenous heritage - many were jailed without even charges against them. At Rossport, 2 men were jailed but they had done no wrong nor broken any law! Each time the the victim is jailed... Mrs Treacy should not have to prove her case, a judge should under our constitution atomatically protect Mrs Treacy's rights.

Threats of legal fees being imposed on Mrs Treacy are bully boy tactics by the ESB and approved by the judge.

First they jail the victim and then they threaten her with huge legal bills and next they destroy her private native woodlands. The judge is corrupt in his heart and so are politicians who dont quickly stop this wrong.

author by confusedpublication date Fri Sep 16, 2011 18:14Report this post to the editors


I agree with all concerned we have rights under the constitution and they must be protected, if they are not (as I believe this innocent lady's haven't) then anarchy will definitely reign. ESB/EirGrid should have no more rights to enter private property than anyone else has. If we all take it upon ourselves to enter other peoples private properties (because we think we have the right to do so) then the laws designed to prevent trespass may as well be torn up. Trespass is a crime isnt it?
Why is it OK for these companies to trespass on private property and destroy some of it? Surely that is simply wrong.?

In reply to 'less than wise' I disagree with most of your post. The line is a 110kv to start with. Ghost towns have absolutely nothing to do with lack of electricity in the area. There are 1000's of transmission lines zigzagging this country so there is no lack of electricity or real danger of 'brown outs' and an underground cable [such as the one installed in Bantry in 2006, the one agreed to go underground and underwater in Cobh in 2004, the many that go under parts of Dublin City such as the Inchicore to Irishtown 220kv line and the present planned Rush to Batterstown line (part of the interconnector) ] would serve the need for transmission in the same or even better way than the overhead line - benefits include: No ill health effects from EMF or corona ions, no wayleaves, no huge sterile corridors, no visual impact, no environmental damage, no cutting of beautiful trees, no devaluation to nearby properties, no jailing innocent people who are doing nothing more than protecting their private properties which they are entitled to do.
Where are the figures that prove underground is multiples more expensive? How can objectors add to cost? People have the right to object and protect what they own. If the ESB/EirGrid listened to the people and landowners at the outset then there would be NO delays. This lady expressed a concern for many years about her trees and they refused to listen - you cant blame Ms Treacy for that. She cant be blamed for adding to the cost of this project or for the price of electricity in Ireland.

A previous poster 'the weaver' mentioned no insurance against EMF ill health effects - surely this is a very serious issue?

Another previous poster 'in support of teresa treacy ' said EirGrid do not have the same powers as ESB have under the 1927 Act - how can they have someone put to jail then??

One last point - I heard on the news yesterday ESB unions will threaten strike action if the government move to sell off a minority shareholding in the company. How is this OK - they threaten strike action if anyone dares enter their territory or upset their applecart.
Yet if an innocent lady dares to refuse them permission to enter her private property and destroy part of it - they have her jailed - how can it be all one way traffic?

They cannot be allowed to trample all over everyone for much longer.

author by would like to helppublication date Fri Sep 16, 2011 18:15Report this post to the editors

Hi Sean,
I was thinking that as Teresa`s Mckenzie friend, you might have good idea about what she would like to see happen now. Or probably anyone from Teresa`s family. Is there any way how to get in touch with you? email address?

author by Seán Ryanpublication date Fri Sep 16, 2011 20:41Report this post to the editors

To be honest, it was a tough job to speak on Teresa's behalf at the injunction hearing. I'd not presume to speak on her behalf, without her consent, further than that.

That said, I'm perfectly happy to say what I think on the matter!

Niall has summed up what's needed above. Writing to Teresa in prison would be to offer her a lifeline. Short of brief snippets, snatched here and there, she's in a vacuum. She's alone. A single letter can mean everything. There's nothing as powerful as connecting with someone!

Keeping on with the connection theme. Connect with friends and family and convince them that the system's insane, or have them convince you that it's you who is not right in the head. Connect with local and national politicians. Connect with the media. Connect with the ESB, directly or by correspondence. Talk, write and care!

If you're into practical and particularly, hands on help, call Niall at the number he's given above and if you require my email address, I'm sure he'll be happy to provide it.

All of that said. I'm confident that Teresa agrees with me, when I say that this issue is bigger than Teresa. Teresa's life work is being contemptuously destroyed, without negotiation, even after she offered to compromise, in no small way. Is the idea of the common good really only lip service? Where the individuals who compose it are nothing more than chattel awaiting their demise for the greater good, the annihilation of solidarity and community?

As I see it, and I realise that ultimately, such things are personal beliefs, rather than self-evident absolutes, individuals must learn to say "no" and mean it. Even though, the actions that must follow such a determination, may not result, ultimately, in the desired resolution.

Teresa has said "no!" And I know that she means it!

author by B. Caseypublication date Mon Sep 19, 2011 18:30Report this post to the editors

I saw this come up on Fark.com last night and hit the roof. Anybody who comes near those trees needs to be hit upside the head with a big stick. It is a complete disgrace that Teresa has been out there on her own defending her land and is now sitting in jail. This makes my blood boil.

Fight these people! Don't let them do this! If there are people out there with machinery, tell them that they're not to touch those trees. I'm trying to find out what's happening out there right now and then I'm looking at flights.

author by Mags Healypublication date Mon Sep 19, 2011 19:31Report this post to the editors

I am ashamed that a 65 year old woman is in jail in Ireland for protecting her beloved land and trees - it is a shocking story and I am disgusted that civil rights groups have not mentioned the case - I am glad the journalist Brenda Power is highlighting her case, she is the only one and I applaud her stand. This country's justice system is more shameful every day - No prison for white collar criminals and a very long list of other offenders.
I intend to write to Mr. Alan Shatter - Minister of Justice to express my shame at this injustice to a pensioner.

author by Sorcha Ni Aoidhepublication date Mon Sep 19, 2011 20:49author email nitc at donegal dot netauthor phone 0861762670Report this post to the editors

I am so full of admiration for Teresa Treacy today a woman who is not afraid to stand up for what she believes in what she has worked hard for all her life.Teresa is not doing any harm to anyone and of all that has happened in this country and the amount of money that we hear about that has been mishandled and do we ever hear of anyone being sent to jail for that. I am shocked that there is an outrage country wide about how this woman is being treated. Teresa has the right to protect her property and she should not even have had to go this far to do that this is an outright disgrace.

author by orkneymanpublication date Mon Sep 19, 2011 21:52Report this post to the editors

First post so please be kind... :)
I think the fundamental difference between Miss Treacy being jailed and the Judge involved in jailing her are important.. The difference is, (And it's only my personal opinion here...) is that since the Lisbon Treaty was signed, a person's fundamental rights are secondary to the State's.... The Constitution does indeed allow for protection of the person and property, but the Constitution has effectively been suspended since 2008.. I don't want people reading this to think I'm going off-topic here but it applies to this case... Common Law is the only checks and balances that are above any State statute.. Common Law allows for the prosecution of a person only by the appellant proving injury or loss (Not just personal injury..). The Judge took an oath to uphold the rights of a common person and must give that oath to anyone requesting it.. But the way the "system" is set up if you do exercise your Common Law rights and request the oath from a Judge, you're labelled a fruitcake... Character assassination is the first thing they use to quell a "troublemaker".

For this decent, law-abiding, central family member to be imprisoned for the "crime" of standing up to a corporation is nothing short of a crime against decency and common sense. It is her land to do with as she pleases (As long as she doesn't cause harm or loss to anyone else). The ESB and EIRGRID have trampled on the rights of this woman to "justify" the reliability of a supply.. And the other landowners who agreed to be bought off for the ESB to work on their lands have shown themselves to be nothing more than the vicarious, greed-ridden vultures that are sadly all too common in all walks of life in this country.

author by Delphinepublication date Tue Sep 20, 2011 00:10Report this post to the editors

I only discovered this story and I am horrified. I have tried to read through all the comments to make sense of it, as I am not familiar with law matters. Thanks for the details and for the suggestions to help the Treacy sisters get through this ordeal.

This might be a stupid question/suggestion, but wouldn't it be helpful to bring this case to the attention of Amnesty International?

author by ,Mary Lawlor - none publication date Tue Sep 20, 2011 00:48author email marylawlor87 at yahoo dot comauthor phone 0863454140Report this post to the editors

Well can we all not get a petition going hand signed and handed into the courts saying we want treasa out i too have know treaea for many many years and she is a lovely quite plasmid lady i think if we can get enough signatures going and we go door to door then we give to the minster of justice at the end of the day i have to stand by treasa on her decission why should her trees be torn down and ripped up they going to replace yes rite with small and her trees are huge and get out the oxygen we all need to breath this is a problem that the government and the esb want to win why can they not put underground ? if im not mistaken is the new laws saying that the grids but be under ground to stop the flow of radiation its as the lines over herd are to be put underground thinits in the plan for progress from eu ? but if we can get a pertiton going also on face bookk we will get many signatures as we if you like contact me marylawlor87~@yahoo.com and if we get to gather we will have the petition up and running in few day its called the power of the people .............................Mary

author by Hilary Tullypublication date Tue Sep 20, 2011 13:39Report this post to the editors

I am going to start a facebook petition for Teresa Treacy I totally agree with her stance and feel that the ESB have bullied the wrong person this time. They are damaging Mature life giving trees when they could have opted for an underground system. They have put profits over people and the common good is life sustaining trees - Nature is life. Unfortunately we now follow laws that can be twisted to suit the needs of greedy corrupt multinationals and used against decent law-abiding citizens.

This is an absolute disgrace I am posting the link of this story to my friends on facebook.

I am going to ring ESB as well and the prison although it might just jam up their switchboards enough to make them sit up and take notice. the only thing that really seems to talk to these people is money.. they dont seem to realise that the world is not theirs to destroy it is a gift from the universe to all of nature not just mankind.

author by thediggerpublication date Tue Sep 20, 2011 17:57Report this post to the editors

...that the Judge has had the balls to enforce the law.

Far too easy to bow to the Joe Duffy/Helen Lovejoy types prevalent here.

Simply question.

What if we all simply ignored the law every time a decison went against us?

Mob rule.

author by dig deeperpublication date Tue Sep 20, 2011 20:06Report this post to the editors

you are certainly in the minority judging by the comments so far "digger".You seem to be missing the point all along.The problem is not the transmission of electricty but the METHOD of transmission.As has already been explained with the two methods ,costs are similar so why not bury this line? What is your problem with underground cables? Every town and city in the world has cables buried,when these projects were being done did Ms Treacy complain about the cost? Stop the nonsence and let the line be put underground.The only "mob" here is Esb and Eirgrid.

author by Irenepublication date Tue Sep 20, 2011 22:59Report this post to the editors

This is corporate, political and legal bullying and total infringement of human rights. How can we as a European democracy justify the jailing of this woman?

author by W. Finnertypublication date Wed Sep 21, 2011 10:15Report this post to the editors

Reply to Irene at Tue Sep 20, 2011 22:59:

Because (I would say) "European Democracy" has -- in reality -- a very similar status to the one the Constitution of the Republic of Ireland (Bunreacht na hEireann) also has just now, which, as described in March 2010 by the Republic of Ireland Ombudsman Dr Emily O'Reilly is this: "more fiction than reality".

Related link: http://www.humanrightsireland.com/Dail31TDs/Group2of2/2...ution

author by Supporterpublication date Wed Sep 21, 2011 10:24Report this post to the editors

Click on event notice here for details of upcoming vigil in support of Teresa : http://www.indymedia.ie/article/100554

author by Rational Ecologist.publication date Wed Sep 21, 2011 15:45Report this post to the editors

Just to let Teresa and her family and friends know that we are all behind you, and not just in words. This is in microcosm what is happening globally. Her love, passion and emotion for the trees is admirable, inspiring and reminds us what we really are: people of the land! I am disgusted but not surprised by how she has been treated. All state institutions have failed us in recent, and indeed all, history.
A woman who has planted all these trees should be a national hero, not treated as a criminal. She sounds like a humble, decent person.
I am behind you and am actively spreading the word.
We've had enough!!!!

author by Kev OFaolainpublication date Sun Sep 25, 2011 15:49Report this post to the editors

I am really amused that so many of you wannabe social activist warriors are treating this issue like its the KGB hunting down and disappearing dissidents. The whole thing rests on the common good, and according to the constitution, the ESB have acted appropriately.

Two years ago, a significant swipe was taken out of Charleville Forest to put in a bypass around Tullamore, and as much as I hated to see it, I also recognised that it was a necessary development and in the common good.

As someone who has actually spent months on protest at the Hill of Tara, I am very much aware of how agencies can act with complete disregard for the land and other concerns. However, at all times that I was on protest, I was extremely conscious of my duties under law, and was not once arrested.

Personally, I dont think this is a worthy fight, and trees dont motivate me much. Nevertheless, the trees are not the issue. The issue is the rule of Law, and this woman, courgeous as she is, is foolish to think she can gain from this action. The ESB asked the court to declare the Law, which the court did, and Teresa Treacy is then BOUND, as is every other citizen bound, to obey that ruling.

All this drum-beating by people on this site, it seems like they think they live in some sort of toxic / dictator / Blade-runner like hellzone, and that is really laughable. Living in a place that is as good as it gets anywhere on the planet, and not a sign of being thankful. It really is like an illness, this desire to be part of a Great Oppressed... Look around you and count your blessings, and get off your high horses thinking the Nasty System is out to get you.

author by W. Finnertypublication date Sun Sep 25, 2011 17:13Report this post to the editors

"As someone who has actually spent months on protest at the Hill of Tara, I am very much aware of how agencies can act with complete disregard for the land and other concerns. However, at all times that I was on protest, I was extremely conscious of my duties under law, and was not once arrested."

This may help (to some extent) explain the Tara situation related at the following location:
http://www.indymedia.ie/article/83306

author by replypublication date Sun Sep 25, 2011 18:58Report this post to the editors

can you tell me what law this quiet lady has broken exactly in order to get locked up without a release date?
Did i not read that EirGrid has no right to be on private lands - who is wrong here? This lady owns her lands and her trees and is entitled to do so, so how is she breaking the law for refusing access to her private property - she did offer an alternative which sounds reasonable to me. isnt this about the transmission of electricity? if it can be done underground then go for it.

Sounds to me like its jobs for the boys and dont change the present system - in case a precedence might be set and lines would have to be buried all over the country. Well the precedence has been set some years ago in Cobh and Bantry. Dont remember anyone being locked up there ?

Isnt there a row in Nth Dublin about a buried cable going through the middle of the town? Is anyone locked up there for asking questions about the health and safety of this high voltage cable going under the streets. People should ask questions and say NO when its their private lands if they wish. We live in a democracy not under dictators as far as im aware.

The lady (owner) doesn t want her lands or trees destroyed - she has the final say. SHE SHOULD NOT BE LOCKED UP FOR ATTEMPTING TO PROTECT HER PROPERTY --- END OF STORY.

author by Kev OFaolainpublication date Sun Sep 25, 2011 22:29Report this post to the editors

I really am getting a little tired of all these "activists" who think that the Law of the Land should not apply to them if they dont agree with it.
Whatever are the merits of Teresa Treacy's stand, and I do support her stand fundamentally, the fact is that if you do not comply with direction of the Court, you are in contempt of court, and you MUST be jailed, until you expunge this contempt. For you guys to insist this shouldnt happen is ludicrous. The precedent that would be set would tear down the entire exercise of law in the country.

This is an issue about some blasted trees, and has no, I mean NO, significance in the wider scheme of things.

The ESB is run by Irish people, for the good of Ireland, and this insinuation that some malign forces are at work is absolutely ridiculous. Whatever the case at Bellanaboy or at Tara, this is a very simple straightforward issue. Under the constitution, ESB has the right to insist that it can place Electricity Conducting Infrastructure on any private property. A judge made an order directing that this be so. The woman refused to follow the instruction, ergo, she is in contempt and must be jailed. No judge wants to jail an OAP, but for fools to say its some sort of Big Business Cabal targetting the little people, well, that is just idiocy of the highest order, people trying to make out like were in some sort of class war.

You people should stop looking to create your pathetic "class-war" out of nothing. It doesnt exist. Get real and start addressing real issues, and stop elevating this nonsense to existential crisis! Jesus wept!

author by HannibalElectericpublication date Sun Sep 25, 2011 22:50Report this post to the editors

kevin

she was perfectly happy to allow an underground cable

The ESB put her in jail so they could save money and increase profit, not because they had no choice. They seem happy to pay huge salaries to executives but they cut corners with the little people and chuck them in jail so they can make a bigger profit

seems like part of the class war to me.

author by piggypublication date Sun Sep 25, 2011 23:08Report this post to the editors

"I really am getting a little tired of all these "activists" "
"Whatever are the merits of Teresa Treacy's stand, and I do support her stand fundamentally"
"This is an issue about some blasted trees, and has no, I mean NO, significance in the wider scheme of things."
"The ESB is run by Irish people, for the good of Ireland"
"for fools to say its some sort of Big Business Cabal targetting the little people, well, that is just idiocy of the highest order"
"people trying to make out like were in some sort of class war."
"You people should stop looking to create your pathetic "class-war" out of nothing. "
"It doesnt exist. Get real and start addressing real issues, and stop elevating this nonsense to existential crisis! Jesus wept!"


Hmmm......
Sounds like you were in tara or rossport all right, but probably in uniform ;-)

author by Kev OFaolainpublication date Sun Sep 25, 2011 23:27Report this post to the editors


Certainly had a uniform of sorts... I dont get it, if I support the Law, Im not allowed to protest? What exactly is your point Piggy Wiggy?

Related Link: http://www.indymedia.ie/cache/imagecache/local/attachme...s.jpg
author by Rational Ecologist.publication date Mon Sep 26, 2011 09:37Report this post to the editors

To say that trees are not worth 'fighting' for is complete and utter nonsense. What more important issue is there to fight for at this stage? The term 'the common good' needs to be seriously unpacked and examined at this stage. It really means business as usual and that is leading us to the verge of ecological collapse.
The ESB are being prepared for privatisation and that is part of the agenda here.
Do you think that the law is neutral and unbiased/fair?
The Nazis has anti-jewish laws and had the cooperation of the courts-does that make it right?
What were you involved in the Tara protest for?
The most important thing anyone can do at this stage is oppose the insane system and supporting laws and plants some trees and take care of the planet.
The time is short.
Well done on being involved in Tara but I don't understand your stance on this one.

author by thediggerpublication date Mon Sep 26, 2011 13:33Report this post to the editors

Thats the first step to understanding his stance.

I see Godwin's Law continues to hold true.

author by Rational Ecologist.publication date Mon Sep 26, 2011 13:43Report this post to the editors

I have no idea what the above refers to and have little inclination to Google it. I'll await a response from Kevin as I don't understand his rationale, despite having read his posts.
Too much law and not enough common sense just legitimises tyranny. There is such thing as objective reality, facts and indeed Natural Law!
If cutting down 12, 000 trees for the "common good" makes sense, then God help us all!
If this situation does not touch your heart, then God help you. Dulled emotional responses is the epitome of domestication, domination and helplessness.

author by W. Finnertypublication date Mon Sep 26, 2011 17:49Report this post to the editors

For a "law" to be truly valid, in a genuine democracy, it has be able to survive "Trial By Jury" attempts by government to criminalise and/or fine and imprison citizens who are accused (by government) of violating the law.

When people, such as Teresa Treacy for example, are imprisoned in the way she has been imprisoned (i.e. indefinitely), and with no participation by "the people" (as represented by the involvement of a jury) in the actual decision process to imprison her (for trying to protect trees she planted on her own property), then we can all be 100% sure of one thing: which is that we are most definitely not living in a genuine democracy.

A "last check and balance against a tyrannical government: trial by jury and the concept of jury nullification. While a corrupt government may introduce unjust or unfair laws through the Legislative branch and then enforce them through the Executive (and/or Judicial) branches, We the People retain the ability in the jury box to nullify a law we feel is immoral, unjust, unfairly applied, or unconstitutional."

"An old saying goes: 'There are five boxes to use in the defence of liberty (i.e. freedom from government bullying and criminal abuse by government): the soapbox, the mailbox, the ballot box, the jury box, and the ammunition box. Use them in that order."

The above excerpts have come from: http://www.jurybox.org/

The main fact relating to this case is that, despite the possibility of imprisonment, Teresa Treacy has been denied a "Trial By Jury" hearing by our Government, and that is undoubtedly (in my opinion) an extremely serious violation of her god-given rights: which nobody, Republic of Ireland judges included, has the right to deprive anybody of: particularly in cases where long-term imprisonment is a possibility.

Once again, our legal profession is disgracing itself, disgracing the Republic of Ireland, and actually is -- in itself and of itself -- a total disgrace to humanity as a whole.

author by Rational Ecologist.publication date Mon Sep 26, 2011 18:07Report this post to the editors

Thanks for putting it much better than I would. The charade of democracy in Ireland is being exposed. The fact of the matter, however, is that Teresa is still in jail due to the flawed decision of one person. This as the previous post illustrates is not a situation we can tolerate, whether you be ecologically minded or not. Enlightened self interest should find one supporting Teresa.

author by Frank O'Callaghanpublication date Mon Sep 26, 2011 22:41Report this post to the editors

The main facts.
A woman who has committed no crime is indefinitely imprisoned.
She had offered wayleave across her private property to an aggressive entity as long as they buried their cables in an unobtrusive manner. Although this presented no technical difficulty, the company chose to have the woman imprisoned.
The company is wholly owned by the Irish people. It has opulent provision for it's employees.

My conclusion.
We can and we must do something about this. Those involved have committed an outrage. That the rest of us should continue to pay for this is absurd. Teresa Treacy should receive immediate release, an apology and substantial damages. Furthermore, the ones responsible for this set of decisions should have their pensions and assets seized to fund the costs of this and it goes without saying that they should be dismissed from the positions to which they are clearly unsuited. An example must be made. Democracy needs to show some teeth!

author by Seán Ryanpublication date Tue Sep 27, 2011 01:48Report this post to the editors

Take a chill pill Kev. No need to blow a gasket.

Teresa Treacy is not a criminal. She has broken no law whatsoever. One does not get a criminal record for contempt of court and neither is one a criminal for being found in contempt of court.

You say this work needs to be done to electrify the country. You're wrong. The country is electrified. If you can point to someone who cannot receive electricity, the ESB should be told about it, because they'd take priority over the need to upgrade an already existing service (using the last century's technology - tis no wonder you choose to harp on about the 1920's).

Look, you disagree with Teresa and her cause. You pronounce her desires and needs as being of no consequence to the argument and say that it's all about disobeying a High Court order. You then go on about her 'breaking the law.' I'd suggest to you Kev, that firstly, you're entitled to your opinion. Whether or not it disagrees with my own is of no major consequence. But I'd put it to you, as I've pointed out, your opinion is uninformed and based on your ignorance as opposed to being substantiated by fact. And no offence intended, but therein lies its worth.

author by W. Finnertypublication date Tue Sep 27, 2011 11:53Report this post to the editors

"We can and we must do something about this."

I would agree with this statement of yours entirely, and not least because I believe Teresa Treacy's case has a number of very important implications for "every man, woman and child in the country", and consequently for the Republic of Ireland as a whole.

However, in practice I have found that it is extremely difficult to achieve anything (literally) by way of significant success, when it comes to trying to remedy such problems.

After a decade or so of full-time effort, I am (for example) still "stuck" at the place I have attempted to outline in the following two pieces of text:

"Put in nutshell, no member of our legal profession (not a single one of them it seems!!) in the Republic of Ireland is willing -- so far at least -- to legally challenge major instances of government wrongdoing involving unconstitutional activities (particularly when it involves unconstitutional legislation), while the wrongdoing in question is being vigorously supported and underpinned by one or more senior members of our Judiciary (from behind the scenes)."

"Consequently our government overall (Executive, Legislative, and Judicial) can, and does, abuse and violate our Constitution with impunity: and, woe betide anybody who tries to stop them through means which they see as threatening for them, and/or their interests!!"

For anybody interest in the overall context of the above two excerpts, please click on the following link:
http://www.humanrightsireland.com/23rdSeanadMembers/26S...oblem

Basically, it seems to me that we now appear to have a truly massive "impunity problem" in the Republic of Ireland, and just as it is preventing me from getting justice, I believe (correctly or otherwise) that it is the exact same problem which is getting in the way of Teresa Treacy receiving the justice I believe she fully deserves. Similarly for protestors (past and present) who are suffering as a result of "activities" at places such as Rossport and Shannon Airport for example.

Unfortunately, I do not know what the solution to this basic "impunity" problem is in practice: despite the fact that I am well aware of theoretical solutions embedded in human rights legislation (for example) which are already in place.

Nevertheless, and for my own purposes, I do intend to keep on trying to find a peaceful and lawful solution to the basic impunity problem: driven largely by the blind belief that if enough people "put their shoulders to the wheel", in the right way, at the right time, and while keeping in mind the (as yet) largely untapped potential of the Internet to help with such efforts (never before possible until only relatively recently), the "wagon" will eventually come unstuck from the totally bogged-down "impunity swamp" position it is now trapped in, and thereby allow us all to move on to better, happier, and more joyful times, which (I like to think) hopefully lay ahead of us all: if only we ("the people") can somehow learn to "get our act together".

author by Arthur O Hara - Concerned Citizenpublication date Tue Sep 27, 2011 12:53Report this post to the editors


The people, that is the people of Ireland should be ashamed of themselves to condone barbaric laws that allow a Court Judge at the behest of a business jail a woman of 65 for protecting her own property

The Taoiseach and all of his cabinet and supporters should bow their heads in shame and resign. Would they or any other politicians allow it be done to a relative of theirs?

They continue to keep this woman in jail at the whim of a stupid uncaring Judge and the ESB and Eirgrid executives and shareholders while they release criminals because there is no space in jail for them. The people behind the prosecution of this in the courts should be individually sought out, boycotted and banished from Ireland. You will find that some non-Irish people are involved

I'm particularly ashamed to be Irish while this wrong is being perpetrated in the name of Éire.

All foreign investors should really see what we are like and withdraw their assistance to Ireland.

If this is justice in Ireland I think it is time to re-write the constitution or have another civil war and rout the greedy wealthy business people for once and for all.

It is past time the ordinary citizens got off of their arses and shook this country until all of the corrupt filth was gone.

Shame on Ireland.

Tue 27 Sep 2011 1246 GMT Daylight Time Wk. 39.

author by Rational Ecologist.publication date Tue Sep 27, 2011 13:04Report this post to the editors

It seems the ESB have moved in to Teresa's land in the last few hours. I can't believe the arrogance and thuggery. Help needed. 3 miles east on from Tullamore on Balliangar road, Please spread the word.

author by Kev OFaolainpublication date Tue Sep 27, 2011 23:27Report this post to the editors

Particularly at the painfully hand-wringing Arthur OHara, concerned citizen, I dont think you people know what planet youre living on, not to mind how fortunate you are to live in a country like Ireland.

None of you address the issues, you all seem to have some cock-eyed notions about how the little people are being squeezed by the Big Evil Corporation, and all of you seem to think this is the ESB or some other entity pursuing some hapless pensioner.

Ms Treacy refused to comply with the legal instruction of a court applying the law of this land, after her position and the position of the ESB was heard before the court. She refused to follow the order of Court and is jailed. NOBODY could prevent that, not her solicitor if she'd engaged one, not the council for the ESB, not the Judge Laffoy, not the High Court, not the Supreme Court, not the President of the Republic.

Clearly Arthur OHara doesnt know anything about the exercise of Law in this country if he thinks the Government have any influence in the exaction of the Law. They dont. Judges, no matter what others have said, are not political appointees, and no government can instruct ANY Judge, on ANYthing. The Judges of the Republic are esteemed in their own right, and are above political interference, thank God.

The rights of protection of private property in this state, are, and always have been, subject to potentially being set aside in the name of the Common Good. The rule of Law might not have been welcomed by you people in this case, but for any of you to spout this nonsense that this case is indicative of tyranny in Ireland is an absolute falsehood, and it is you who should be ashamed. At the very least come up with a real and cogent argument, not ill-conceived drivel.

author by Seán Ryanpublication date Wed Sep 28, 2011 03:12Report this post to the editors

Kev you keep saying the same things over and over. Repetition does not make you right. You've produced material from your imagination and pronounced it as fact. You keep saying that Teresa has broken the law. You're wrong. Try to produce the law you keep saying she's broken and you'll fail as it does not exist.

The right of a judge to jail a person for contempt goes back to the British monarchy of old and the belief that they were answerable only to god. The judiciary found this to be particularly appealing and usurped it for themselves. The idea of contempt of court is what is known as judge made law and is not based on legislation. This law, and this is the root of your confusion, is not a formula for jailing lawbreakers, it is a set of rights exercised by the judiciary to compel compliance. So in other words, whilst it is a law, it cannot be broken. Laws that can be broken are quite different. One of the most important differences is that in order to be found guilty, one must be tried and then receive a sentence. Teresa has not been tried, has not been found guilty of anything and she has not been sentenced. She is in prison until she either purges her contempt or the ESB petitions the court to free her. She's not a criminal and she's broken no law. If you insist that your imagination is law then quote it, otherwise have the decency to see sense.

You've said above that the Constitution gives the ESB the right to set aside a persons rights with regard to their private property. You're wrong, the ESB is not mentioned at all. And you say in your last post that property rights are set aside in the name of the common good. You're not completely wrong in this but you've missed the point. They cannot be set aside for any old reason, in the name of the common good. The can only be set aside when an exigency threatens the common good.

What is the common good?

The preamble of the constitution has this to say:

"... 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..."

In other words, the common good is all about observing the dignity and the freedom of the individual. It's very true that the preamble is purely aspirational. However, if its constituent parts are not factual, it cannot be aspirational.

In what way have the dignity and freedom of the individual, Teresa Treacy, been respected and upheld?

And what exigency threatened the freedom and dignity of one individual or more to facilitate the setting at nought of Teresa's basic rights with regard to her property?

You can harp on and on about obeying one's alleged betters and offering insult to those who disagree with you ad infinitum. It won't make you right and merely spouting that your rhetoric has merit, simply because an order was made by a judge, is argument from authority on your part. As well and being a demeaning act, it is a logical fallacy.

And for good measure, the constitution also states that the judiciary are not above being being complained about by the good folks you're presuming to slag off in the false belief that they should bow before an unfair court ruling.

author by Ailispublication date Wed Sep 28, 2011 11:09Report this post to the editors

The onus is now on the Esb/Eirgrid to withdraw their "Contempt" for the rights of any citizen to
protect the Environment in the interest of the "common good".There is another way to free this woman of conscience .
In a week dedicated to Ageism and in the interest of human rights PROVE that this country of ours
"has not lost its soul"

author by Rational Ecologist.publication date Wed Sep 28, 2011 12:39Report this post to the editors

A. Boycott the ESB. Switch providers and also let them know why. Ask everyone you know to do the same. With privatisation mooted, ESB will be sensitive to this.
Do it today!

author by Lucy bingham mcandrewpublication date Wed Sep 28, 2011 16:44Report this post to the editors

Forgive this if it is already here but for those who would like to, here is a petition to sign: http://www.gopetition.com/petitions/free-teresa-treacy-....html

Regards

Related Link: http://www.gopetition.com/petitions/free-teresa-treacy-....html
author by Mags Sheehan - The 'republic' of Irelandpublication date Wed Sep 28, 2011 17:38author email magslsheehan at hotmail dot comauthor address KilmaineReport this post to the editors

I am struck by the similarities of this case and the plight of the people in Rossport.
Both parties are fighting to stop the government and/or corporations from coming onto their land and committing environmental destruction.
Both cases should have the people of Ireland on the streets protesting.
But ( I include myself in this) we are either too apathetic or too broke to travel to help these protests.

I urge anyone who can go and protest in Tullamore and Rossport to do so, please.

Another issue which is about to hit the fan is fracking. Are we going to roll over and let them get on with that too ?
Sadly, the answer is probably 'yes'.

Mags in Mayo

author by W. Finnertypublication date Wed Sep 28, 2011 18:39Report this post to the editors

The big problem I have with this case is that it was a judge, acting entirely on his own, who has sent Teresa Treacy to jail for an indefinite period.

In theory at least, as things stand at the present time, this woman could spend the next 20 years in jail, and die in jail.

In my view this situation has to be 100% out of order.

If the ESB (Electricity Supply Board) are not going to take steps to have Teresa Treacy freed from jail, which I gather they could very easily do, then the only other way to legitimise Teresa Treacy's ongoing imprisonment -- within the legal limits of our Constitution -- is have her case reheard in the presence of a jury.

Personally, I doubt very much if a jury would ever dream of going along with what is being done to this woman by this judge: which is precisely why (I believe) there has not been any jury involved, and hence the socially destructive and disastrous trial-by-judge strategy.

Teresa Treacy could of course kowtow to the bullies who are responsible for her present predicament, and that would gain her her freedom. However, it seems obvious she does not wish to kowtow to them: nor should she in my opinion.

Kowtowing to bullies just makes them worse (in my experience), and simply whets their appetites for more targets and yet bigger bouts of bullying.

Related link: http://www.humanrightsireland.com/IndyMediaIreland/27Se...84068

author by joseph soappublication date Thu Sep 29, 2011 13:03Report this post to the editors

interesting comments,pity some people keep missing the point.The state appoint the judges and pay their wages,so figure the rest out.
It was Michael Conlon barrister for Eirgrid ,who sought an order committing teresa tracey to jail.The same Michael Conlon who gave an "opinion"to Eirgrid stating that the 1927 electricty act does not apply to eirgrid.This means that Eirgrid are treaspassing on Tracey lands. During the "hearing" in the court it was said that it was "impossible" to put the line through Treacy lands underground. What a load of nonsense.Isnt every cable in every town in the country underground? Where is the problem then? The money wasted the last two weeks would have done the job.ESB / Eirgrid need to cop themselves on and fast.A phonecall from them would have this woman released today.
In reply to Kev O,F.. you talk a lot of rubbish.You talk about the "common good". The common good can be equally served by putting the powerline in treacys land underground.As already stated,most towns and cities have this done already,so,is there one "common good" for people in town and another for country people? It would cost less to underground these lines in the countryside.Bury the line and let treasa tracey out of prison today.
I think there should be a protest outside Eirgrid and ESB headquarters.

author by Well said joseph soappublication date Thu Sep 29, 2011 17:35Report this post to the editors

Great to know this case is getting lots of coverage at last.

Too much has been let go since ESB's foundation in 1927. Up until 1985 ESB paid no compensation at all to landowners.
Wonder if they back paid all they owed to landowners for using their private properties before the Gormanley case brought about the 1985 amendment to the 1927 Act and ESB was forced to pay compensation?

Interesting to note the IFA 'code of practice' (see www.ifa.ie - look under 'cross sectors', then infrastructure and then ESB ) was put together in 1985 after ESB was ordered to pay compensation to landowners by the supreme court.

I presume everyone is aware there is no insurance available to landowners with High Voltage electricity infrastructure (poles/pylons) on their lands against EMF(electro magnetic fields) related illnesses. Who is responsible for ill health? who will insure ordinary people against EMF related illnesses.? The landowners (like this woman ) are forced to have poles/pylons on their lands and jailed if they refuse and yet no EMF insurance is available ?? Strange situation.
ESB etc say there are no proven ill health links to High Voltage lines (ie their lines are safe etc etc) well provide the landowners with insurance then.

and yes I agree with joseph Soap the common good can be as well served by an underground cable. ABB are experts in this field and according to them (www.abb.com) overhead and underground costs are similar - so wheres the probelm? Simply bury these cables.

What is going on and has gone on is diabolical.

Free Teresa Treacy.

author by louis sandvosspublication date Fri Sep 30, 2011 02:22Report this post to the editors

Here is an intelligent woman,one who could rightfully described as an elder defending her constitutional rights. So what happens to her. She gets locked up and her civil liberties taken from her just because she protests against fascist governance.
How hard is it to place a cable underground.?
Indeed , for some time now, experts in the field of large scale electricity supply, worldwide, have been strongly recommending, that in the interests of public health, we bury electrical supply cables.
but here' once again we have and uneducated or disinterested government you are actually not carrying out the will of the people.
People of Ireland, it's time to wake up!!
This is a gross and obscene injustice. How difficult is it to dig a deep trench and bury a cable.?
Make no mistake about it........
There is obiviously nobody competant in charge in the running of our country.
This woman is already too long in jail.!
Shame on us all for being so slow to do anything about it.
Enda Kenny. our Taoiseach, has deafened us all with his silence on this shameful scenario.
It has all the hallmarks of a government who has already decided to rule it people tby stealthfull deceit.!!
Wake up people before it's too late.
The 'jackboot 'is already firmly upon one innocent defensless woman's neck.!!

author by Rational Ecologist.publication date Mon Oct 03, 2011 09:28Report this post to the editors

It looks from a lot of the pictures that a lot of the trees that were cut down were the ubiquitous Sitka Spruce. We should replant using native broadleafs.

author by Rational Ecologist.publication date Mon Oct 03, 2011 09:28Report this post to the editors

It looks from a lot of the pictures that a lot of the trees that were cut down were the ubiquitous Sitka Spruce. We should replant using native broadleafs.

author by Pedlars Lake.publication date Mon Oct 03, 2011 09:53Report this post to the editors

the agents of Apollo want to cut
the trees.
the heart of Nature is shocked.
a woman knows this.
she forbids access to her land.
the law says it is just to cut the trees.
the law will not be crossed.
the woman is taken to jail.
some trees are cut, a standoff.
Nature is speaking;
"Do not cut the trees of my life"

author by mairepublication date Mon Oct 03, 2011 16:12Report this post to the editors

Thank God for Theresa Treacy and all she stands for. What a society we live in at the moment. Our oil cannot bring us wealth or even help with our debts, over the next 20 to 30 years, and we jail those who nourish the land, and reward the bullies. Yes, let's talk bullying.
The ESB brought this woman to the courts. With all their expertise could they not have found a way around the problem. What a mess of PR they have made of dealing with this honourable woman. What a show of inepitude to justice and to the environment.
This is truly a miscarriage of justice.

author by Mary C - Nonepublication date Mon Oct 03, 2011 20:12Report this post to the editors

What a disgrace to jail a woman like Teresa. More proof that the law is an ass. She should be released without further stress added to her life, and by trying to protect her property. The ESB should be ashamed as should the Courts.

author by hellopublication date Tue Oct 04, 2011 16:53Report this post to the editors

Teresa is a woman of courage and dignity. It s time the whole situation was brought out into the open.

Millions and millions of euros are being spent/wasted on overhead poles powerlines and pylons.

In an SKM report on electricity prices (Oct 2010) €150m was over spent on overhead projects. This report should be available on the cer website. Who said overhead lines were cheaper and underground lines were more expensive? An overspend of €150 million speaks for itself.

author by Patrick o Connorpublication date Tue Oct 04, 2011 18:02Report this post to the editors

I Have just switched to Airtricity in support of teresa treacy Help Free Teresa by boycotting the ESB and switching to Airtricity on 1890 71 99 55.

author by support 4 teresapublication date Wed Oct 05, 2011 12:46Report this post to the editors

underground cables are actually cheaper in the long term,mostly because they last longer . they are made of copper which is a v good conducter of electricity and can be recycled at end of life while overhead lines are made of steel which is a v bad conductor of electricity.this means power loss from overhead lines plus the fact that these lines rust after a certain length of time and their recycle value is nill plus a disposal cost.Each km of underground cable has 25 tons of copper,this has a considerable recycle value.i think its time to investigate the goings on of esb / eirgrid . ?
Heard pat "know all Kenny" on "his"radio just a while ago saying that a fridge was as dangerous as an overhead high voltage powerline?
So,here we have an" expert",mr kenny who knows more than Denis Henshaw,Cindy Sage, Oli Johannsen and David Carpenter all put together????
Hands up all who agree with pat "dont let anyone else talk" kenny.

author by Protect Native Treespublication date Wed Oct 05, 2011 21:14Report this post to the editors

I find some of the arguments made on this post hypocracy. The majority of the 12,000 trees cut down are 'Pine' trees which would be thinned in a few years regardless. Secondly the landowner is in receipt of a State subsidy specifically to plant non native trees on her land for commercial forestry. These trees are been grown to be cut down, not to enrich our eco system. Thirdly half the people who are now supporting her don't believe in private property to begin with. While i support the freedom of this woman, the crossing of her land with pylons is no different to any farmer having their lands passed through by the ESB.

author by P. Goossenspublication date Thu Oct 06, 2011 15:30Report this post to the editors

Teresa did not commit a crime or even an offence. She didn’t break any law. She didn’t cause damage to any property or person. On the contrary, she attempts to protect property and people’s health from damage. Nothing of what she does is done for any personal gain. All she was locked up for was for her commitment to a personal belief and opinion. She believes that she has got it right.
I agree with her, because her right has no interest in someone else’s wrong. That is why “contempt of court” doesn’t impress her. This is an issue about harmony. Harmony goes beyond proving someone’s wrong for you being right. When there is harmony then everybody wins.

Ireland’s lack of trees is far bigger than its need for more electricity. Look it up if you need the picture: Ireland is about the less forested country in Europe. On top of that, ESB policy is completely and utterly outdated. Every eurocent invested in the existing concept of network infrastructure, will be a lost eurocent within a very short time. This old-style network is designed for producing power centralised in big plants and for distributing (selling) as much as possible (ever more). That is not what Ireland needs for the ‘common good’. This is a dead-end street. What we (urgently) need is a reduction of energy needs and a network that is suitable for a system that relies on small, decentralised, even domestic power producers on an exchange basis. Small producers selling their excess production to the network for the same price they pay for energy when they fall short of production for their own use. That is the system that is on the designer tables and in the make all over Europe. I haven’t seen the first ESB investment in this yet. It’s all talk and promises on their website. Plenty advertising but no information.

In cases like Rossport and Teresa Treacy now, a lot of people intuitively feel that some crucial changes are surfacing. The judiciary system can’t cope with these situations because its focus is on the dualism of right and wrong. It doesn’t take harmony in the account. It is limited to you-versus-me, to the ‘common good’ against the individual interests. It judges and compromises but never solves anything. That’s all left to the individual judges if there is a margin for it at all.

I do not agree that Teresa, or any land owner for the matter, has the right to do with their land whatever they like. Owning land is a responsibility in the first place. Together with child-, animal- and other kinds of abuse, their IS something you can call land- or soil-abuse. What you do with the soil is to the planet what someone would do to your skin. It’s a living thing and a living thing has to be respected as such. I will even go as far as saying that the planet is a conscious thing. It will kick back when it gets abused just that bit too much! As far as I can see, Teresa seems to treat her trees and her land as living, feeling and maybe even conscious beings. If ESB thinks that her “emotional attachment” to her trees is too big to be healthy, then I have no doubt that ESB’s emotional attachment to their outrageous profits are far too DANGEROUS for the ‘common good’.

This mythic ‘common good’ thing is an issue on its own. To those people that bring it up as a justification to jail harmless people for the sake of keeping jurisdiction out of the hands of “the mob”, I say this: you ARE the mob. It was YOU that called the abolition of slavery illegal because it was against the “common good”. It was you AGAIN that locked up Suffragettes campaigning for woman’s right to vote, in the name of the “common good”. Not to long ago it was you ONCE MORE that gassed Jews, Gypsies and homosexuals in the name of the Nazi-German “common good”. And right now Gaddaffi and friends shoot their own citizens in the name of the “common good”. Of course, I forget: slaves are supposed to stay very nice and kind to their ‘owners’ so they might be set free in a truly civilised way, just like women should please males enough to proof that they wouldn’t vote against male interests and Jews, Gypsies and homosexuals should have complied perfectly to Nazi-regime in order to avoid getting gassed. They really asked for it, didn’t they? ‘The Mob’ is those people that mindlessly accept everything that comes from an unquestioned authority. Unchallenged authority and ‘The Mob’ are the things that stand (human) progress in the way. It is and always has been the challengers that provided the break-troughs in human evolution and the conformists that slowed it down. Teresa is a challenger and don’t worry, for every single one that ‘The Mob’ locks up, there will be dozens more taking it up! ESB is on the way out, a dead corporation walking. Trees are on the way in. Mother Earth is looking after that and I believe it is good advice to comply with her rather than with institutions whose best days are long gone.

author by Seán Ryanpublication date Thu Oct 06, 2011 17:29Report this post to the editors

Teresa Treacy is a free woman!

This morning, Mr Conlon, Counsel for the ESB asked that Teresa Treacy be brought before Justice Lafoy at 2.00pm.

Despite the incredibly short notice, around 20 supporters and members of Teresa's family were in Court 3 at the Four Courts at 2.00pm.

After some initial clarifications regarding "Way Leave," "Easement" and whether or not Justice Lafoy's initial order for the injunction could apply to allowing Eirgrid onto Teresa's property (it could and it did), Teresa was invited into the witness box and sworn in.

There was no tremor to her voice when she made her oath. The judge asked her was she going to purge her contempt. Teresa answered unflinchingly with just four words: "No, I am not."

Teresa was excused from the witness box and resumed her seat at the front of the court.

Mr Conlon then read extensively from the judgement that saw the Rossport Five freed after 94 days of incarceration for civil contempt. He then asked Judge Lafoy to discharge Teresa's contempt and added a very unusual request to this. He asked that the initial injunction be allowed to stay in place (so that the ESB might presume to torture Teresa at their leisure). The Judge freed Teresa. The ESB now hopes to enter negotiations with Teresa, her family and legal representation that she might engage. Good luck with that you fucks!

author by W. Finnertypublication date Fri Oct 07, 2011 19:22Report this post to the editors

"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 above excerpt is from: "Principles of Irish Law" (by Dublin-based barrister and law-lecturer Brian Doolan).

"Never kowtow to bullies, especially to government bullies."

Related Link: http://www.humanrightsireland.com/PresidentialHopefuls/...llies

author by Marypublication date Sat Oct 08, 2011 17:44Report this post to the editors

I am wondering if it is possible to have a read of the judgement that was made granting the injunction to ESB/EirGrid against Teresa. It doesnt seem to be on the courts.ie website. Wonder why not? Does anyone have the HighCourt reference number? (also who is responsible for costs of this High Court action and how much were they?)

Where else can I seek to find the judgement ?
Maybe a link could be put up here?

Thank you very much for any help.

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