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Irish Law is a Wolf in Sheep's Clothing.

category national | crime and justice | opinion/analysis author Thursday November 29, 2007 00:53author by Setanta - Victims of the Legal Profession Society.author email setantasetantaone at yahoo dot ieauthor phone 0877522838 Report this post to the editors

The Illicit Law in Ireland.

An evil monster is growing in our legal society which encourages a dogma of belief that there is no wrong in Slander,Liable,Deformation,Secrecy, Corruption,Threat,Deception, Perjury ,Theft and a host of other perversions in our justice system that combine together and destroy the common good.

Irish Law is a Wolf in Sheep's Clothing!
It is generally assumed that the law consists of certain fundamental principles, abstract bodies of reason, and a repository of wisdom, which serve the interests of justice in every society. It is held that the principle of fair play informs judicial decisions and opinions, and that due process and procedure is carried out dispassionately without personal, political or professional prejudice. However, not all of these assumptions can be justified. In fact, on many occasions the opposite is chillingly the case. The law is often executed arbitrarily in the interests of the few who dispense it, rather than for the benefit of the many that it is supposed to serve. It is shot through with discrepancies, inconsistencies, irregularities and peculiarities. If the law is an ass, it is a very clever and devious one.

The law acts as a mechanism for class control. It consolidates the hierarchical order that governs humanity, protecting the privileges of the elite and the powerful at the expense of many others. In every society there exists a certain group of people who, for all practical purposes, are outside the influence of the judicial process. The law therefore operates too often as a vehicle of the establishment. It is engaged in a conscious and surreptitious strategy to reshape culture, and to transform society in general. By constantly twisting the precepts that many people hold to be absolute, it will eventually change reality itself. If the truth is turned on its head often enough it will inevitably assume the shape that most accords with the demands of the moment. When this happens, any perversion of thought can be practised.

The law consists of a set of codes and rules that guide society, and help to regulate its operations on a daily basis. Those who interpret and implement these standards exercise enormous influence over people in general. The more obscure the rules, the more power is vested in the hands of those who translate them. More often than not the objective is to turn simple truths into a maze of complications, ordinary tenets into a tapestry of confusion. This way no one understands. When information is continually convoluted, even the most determined will eventually resign to the fact that they cannot even understand the most basic truths.

The law is therefore knowledge which is being constantly moulded and used as a weapon against the supposed common herd. It creates a mystique which, apparently, only the most brilliant legal minds can fathom. Its objective is not to enlighten, but to disempower. It garners power to the top. It burrows its claws into every interest, economic, social and political. It is an invisible monster, parasitical on society and dangerous too.

If the institutions of a nation are the vehicle, 'jurisprudence' is the engine. The 'devil's advocates' have an intimate knowledge of the inner workings of all the mechanisms of state. They know where power resides and how it can be retained. They appreciate the subtleties that have to be invoked to preserve the appearance of conformity. Having formulated the laws that constitute the fundamental ethos of the state, they are in a great position to manipulate them.

The legal fraternity inveigles their way into everything. They bring within their sphere of influence family, finance, farm and firm. No area of privacy escapes their clutches. No level of intrusiveness is considered too embarrassing for their gaze. By penetrating into every organ of the state, they cement together a pyramidal structure of power that is almost invincible.
In contributing to, and sharing in a pool of knowledge, many advocates cross all ethical boundaries. They tamper with information that should never leave the precincts of the private individual. However, by passing the bloodied knife, everyone is implicated. Operating within a system more insidious than the Masonic lodges, very few can afford to be pure. Principle is thus displaced by expediency, and morality by might.

Only by surrendering the weight of personal identity to the bigger group can power be attained, and held indefinitely. When all influence emanates from the centre, control can be exercised much more rigorously. The weakness of the individual cell then becomes the strength and vigour of the overall organism. The lone legal functionary has power only in so far as he ceases to be his real self. If he does not forfeit his higher inclinations he can be very easily squeezed out. This process of isolation can be effected with remarkable ease.

When the mills of the legal profession start to grind, they do so comprehensively and ruthlessly. Very few within their ranks can challenge this potency. Only occasionally do the dark secrets that lurk beneath the portals of jurisprudence become manifest. The law is not only a profession; it also embraces many of the attributes of a cult orientation. Those who break the rules do so at their peril.

The objective of many in the legal profession is to operate at a certain level of inefficiency. An all-round slowing down of the process is an effective method of control. But incompetence does not impair their ability to turn over a big clientele, or a quick profit. Two and two can amount to five, but only when it affects the welfare of the public. Once this version of logic is accepted any perversion of truth can be tolerated.

There is nothing as lethal as a mixture of wilful arrogance and professional incompetence. But, policed as they are by their own body, they are, in the main, unaccountable, untouchable to a great extent. The grandiloquent tones they affect hide a deep truth. Bar the misappropriation of funds, which no amount of gobbledegook can explain, they can be brought to book for virtually nothing. In the meantime they can manipulate every area of life. Like every cartel, their remit is without end.

In many instances lawyer's allegiance to their colleagues supersedes the duty of care to their respective clients. In a conflict of interest that loyalty is always honoured. The alliance therefore is more horizontal in nature with the respective professionals on top, and the public beneath, rather than the vertical relationship of advocate and client on either side of the line. The power association is one of top to bottom across the board. Just like in the Cold War, where those in control of the competing power structures had an understanding, the real war was often waged against their own people. The intonation 'understanding' exerts a strong resonance in the legal world. It also carries a higher moral charge than does confidentiality.

The legal elite live in a self-contained universe. The more they become estranged from ordinary people, the more they have to rely on their own colleagues for succour and support. This further reinforces their delusions. They are presently changing the way many people conduct their lives. With the threat of compensation claims, in time it will be impossible to do almost anything. The legal fraternity is thus controlling society by stealth. Their brilliance is remarkable in that they can effect this process with such panache, and with such bravado. Criminals also try to dictate, but not with such impertinence.

However, there are many in the legal fields who work diligently for the greater good of humanity. They strive, against the odds, to bring into existence a more equitable system of justice. They labour tirelessly on behalf of their clients, and do not succumb to the expediency of the moment. They represent the proud standard bearers of a profession that has, to a great extent, lost its way.
By Seamus Power.0877522838.Wexford.28-11-2007

author by W. Finnerty.publication date Thu Nov 29, 2007 09:04author address author phone Report this post to the editors

Thank you for this article Seamus.

Though (like you) I still believe that there must be some decent lawyers somewhere in the Republic of Ireland's legal profession, I still cannot find one who is willing to even discuss my case with me.

"However, there are many in the legal fields who work diligently for the greater good of humanity. They strive, against the odds, to bring into existence a more equitable system of justice. They labour tirelessly on behalf of their clients, and do not succumb to the expediency of the moment. They represent the proud standard bearers of a profession that has, to a great extent, lost its way."

Unfortunately, in the legal field of "human rights law", I fear your statement in the paragraph immediately above, might not be true at the present time.

By way of evidence, please note that I have STILL not received any reply from our Chief Justice John L. Murray (or from any of his senior law officer colleagues) to the registered letter I sent him on August 28th last (copy at http://www.europeancourtofhumanrightswilliamfinnerty.co...r.htm ).

As can be seen at the above address, one paragraph of my registered letter of August 28th 2007 to Chief Justice Murray reads as follows:

"With due regard to what I am relating to you in this letter, it would be much appreciated if you could provide me with written advise, within the coming 14 days please, as to where I stand exactly regarding my legal rights under the Republic of Ireland's "European Convention on Human Rights Act 2003". As things stand, it appears (to me) that, in practice, and despite all the time-consuming efforts I have made to secure such rights during the past five years or so, I still don't have them."

If by any chance you happen to know of a lawyer who might be willing to help me, please let me know.

Related Link: http://www.constitutionofireland.com
author by pppublication date Thu Nov 29, 2007 10:35author address author phone Report this post to the editors

"Liable,Deformation"?
Don't you mean "Libel, Defamation"?

author by Stanpublication date Thu Nov 29, 2007 11:12author address author phone Report this post to the editors

William,
you engage legal advice, you do not write to a legal professional and expect a written reply, free, gratis and for nothing. You meet with a solicitor/barrister/whoever with a substantial cash down-payment ( yes, its as common as that) and you take it from there.
Good Luck!

author by Stanpublication date Thu Nov 29, 2007 12:41author address author phone Report this post to the editors

80 years after gaining our independence there are many aspects of Irish life that are still, almost
inextricably, linked to our monarchical past. When these links interfere with the administration of our
legal system, as already mentioned, or our democracy, then we have cause to be concerned.
For instance, we would consider Freedom of The Press to be one of the pillars of our democracy yet...
almost all journalists are members of the National Union of Journalists NUJ. The Nation referred to is
not Eire or ROI, it is in fact Britain. The NUJ is administered (controlled?) from London.
This link may have no effect on the day-to-day workings of the press but here have been a number of
occasions, including the fall of a government, when the loyalty of this Union has been called into
question, but not by journalists. The NUJ has adopted policies which are at odds with Irish law and has policies, voted for by its British members, of instigating social change (in Ireland).
The NUJ in Ireland would prefer that the link to the Crown was not widely known.

author by W. Finnerty.publication date Thu Nov 29, 2007 12:51author address author phone Report this post to the editors

Please note that all of the legal papers connected with my home in County Galway have been lodged with law firm Patrick Hogan & Company (Dunlo Street, Ballinasloe) since the mid-1980s, and that I do not owe any money on my home.

Consequently, Patrick Hogan & Company know that there is absolutely no danger whatsoever that I could avoid paying them for any work they do on my behalf.

Despite this, Mr John Glynn (Barrister & Principle Lawyer at Hogan & Company) appears to be COMPLETELY unwilling to reply to the registered letter I sent to him on April 3rd last, a copy of which can be viewed at http://www.europeancourtofhumanrightswilliamfinnerty.co...r.htm .

Even more disturbing, and worrying (in my view), Mr Glynn is not replying to a registered letter sent to him some weeks later by my half-sister (Ms Margie Dolan), and my brother (Mr Gerald Finnerty), which SPECIFICALLY relates to my particular case. A copy of their REGISTERED letter to Mr Glynn can be seen at: http://www.europeancourtofhumanrightswilliamfinnerty.co...r.htm

Related Link: http://www.europeancourtofhumanrightswilliamfinnerty.com
author by Stanpublication date Thu Nov 29, 2007 13:44author address author phone Report this post to the editors

William,
I don't wish to tell you your business but I suggest -
-Ring the legal professional you wish to do business with,
talk to his/her secretary and make an appointment to meet.
Ask how much is consultation fee. (How much!)
Go along to said meeting with fee, in cash, not cheque/iou or you won't even make it to the chair.
Take it from there.
If you cannot attend then get a family member/friend to attend.
You can waste the rest of your life on registered letters, frustration and indignation or you can address your problem.
You may also tell me to stuff my advice.

'You let me down, man. Now I don't believe in nothing no more. I'm going to law school.' - Jimbo Jones

author by Domhain Sceadaman - The Plain People of Irelandpublication date Thu Nov 29, 2007 15:49author address author phone Report this post to the editors

Seamus,

If you saw prime time this week have a look at the speech by the President of the Law Society on the link below, or look up Sub-Prime Nation on this site.

Good luck with your quest.

Slan

Domhain Sceadaman

"It cannot be too often repeated that I am not for sale. I was bought in 1921 and the transaction was final and conclusive." Myles na gCopaleen

Related Link: http://www.indymedia.ie/article/85254
author by W. Finnerty.publication date Thu Nov 29, 2007 17:23author address author phone Report this post to the editors

Thank you for your suggestion.

Please note though that what you have suggested has already (in effect) been done for me by a senior social worker (Mr Gerard Madden) while acting on my behalf in June 2005.

Mr Madden, who works for the Northern Ireland Health Service, booked an appointment to see solicitor Adrian O'Kane (Solicitor at Patrick Fahy & Co., Omagh, County Tyrone) on June 30th 2005.

In an effort to try and make it absolutely clear to Mr O'Kane that I wished to discuss my legal rights, under "human rights law", with him at the meeting, I sent him an e-mail on June 23rd 2005 - a copy of which can be seen at http://www.europeancourtofhumanrightswilliamfinnerty.co...l.htm .

In the event, when myself and Mr Madden got to the meeting a week later, on June 30th 2005, Mr O'Kane was not willing to discuss the "human rights" law issues with me (which I went to the meeting SPECIFICALLY to discuss with him, and after having informed him so well in advance).

After the June 30th 2005 meeting with Mr O'Kane, Mr Madden then went on to try other possible channels available to him PROFESSIONALLY through the Northern Ireland Health Service; however, and although I am very firmly of the belief that he has tried his VERY best, Mr Madden's efforts in this regard have not been successful to date.

I have also continued on with my own efforts to find a lawyer who is willing to discuss my legal rights (under human rights law) with me, e.g. the "European Convention on Human Rights Act 2003" (Republic of Ireland) - but, as in Mr Madden's case, to date I have not had any success either.

The fact that I cannot find a lawyer who is willing to discuss with me my legal rights (under human rights law) does not appear (to me) to be anything whatsoever to do with the payment of lawyers' consultation fees.

Related Link: http://www.constitutionofireland.com
author by Michelle Clarke - Social Just and Ethicspublication date Fri Nov 30, 2007 01:34author address author phone Report this post to the editors

Reflections of a Judge as he retired after a full life. Judge Michael Comyn was born in the 1870's, his family were evicted from their lands at that time but they remained driven. Michael was sent to stay with his cousins the Caseys, in Ruan in the winder months, so that he could gain an education from the infamous Mr. Brady. By 1914 Michael had been called to the Bar in England, He took Silk and he was Known as Michael Comyn KC........This was the build up to the Revolution time and being a personal friend of De Valera, Michael Collins and others, he was involved in the legal work of that time...As it happens, he was called to work in the Military Courts i.e. the republican courts, that provided a standing in for the British Systems.

Ironically, Michael became involved in one case of significance. There were 42 men on sentence of death.......Michael took up the case and said Case was dealth with in the formality of the Supreme Court of justice. Only recently have the papers become a available to the family and they make such interesting reading, you see Michael was trying to bait Their Lordships by a tactic of being 'all over the place in law' It is said George V intervened and the men were found not guilty.

Michael tried many routes in life, in 1928, De Valera appointed him to the senate ....... to prepare the way for the election of FF in 1932. He was then appointed vice chairman but it was a period when a lot of social projects were sanctioned for the New Ireland.

Michael never stopped tampering with mines......With Briscoe he found a little gold in Wicklow, enough for the silver chalice.

Then for employment of the men in the West, Mines in Doolin, Nouaghvill and other areas were up and running and at times provided work for some 400 people. This was to fail. During the 2nd world war, another split between Dev, and Michael Comyn as the state seized his mines......They needed then phosphorous..........He was appointed a Judge of the Circuit Court, his geological interests resulted in the establishment of mines in Co. Clare (Noughavil and Doolin). The Government and Minister Lemass seized the mines during the war. In 1950, with a defence counsel of Sean MacBride, Mr. Binchy and Mr. Brendan East, Judge Kingsmill Moore, found in his favour and made a very substantial award to Judge Comyn. He died in 1954.

I have little detail of Michael Comyn KC other thanhe is a grandfather of mine but he was dead before me. He appears to have been a wise man and having worked as KC, the Military courts in Ireland, and their successor, I reckon there is a lot more to know.....

Chapter Xxiii
This is copied from a book written by his nephew Sir James Comyn, to who he was very close. The book is Their Friends at Court - 1974.

Preamble
It was de Valera personally who offered my uncle the Circuit Court Judgeship and I believe at first he refused, saying:
‘’You had higher positions in your gift and passed me over”.
Time and his wife persuaded him to accept.

When the Irish State was formed certain alterations occurred in the legal administration. Basically, the British system of law was retained but two administrative changes were made. (Book being published soon)

The lay magistrates were completely abolished and in their place were appointed District Justices – qualified lawyers who received a salary (something similar to the stipendiary magistrates in England. At that time, the magistrates were known as the ‘Great Unpaid’ but they were not popular in Ireland. They were drawn from the Ascendancy class – the same class that provided the grand juries….

A new jurisdiction called the circuit courts, each presided over by a Judge. The country was divided into circuits, such as the Munster circuit. These covered both civil and criminal work.

Born in Ballyvaughan, Co. Clare, in 1872, he attended Mr. Brady’s school in Ruan. He joined the British Civil Service, became a Kings Counsel in 1912, defended IRA prisoners and took a case to the House of Lords that resulted in the reprieve of 42 IRA men in 1921. He was vice Chairman of the senate, nominated by de Valera in 1928.
An old man, but an experienced man, wrote the following: I never knew him personally but as his grand-daughter so often in my life people spoke of him…….

I listened with great admiration to Mr. Justice Flood who spoke out on the position of the Judiciary within the context of the Separation of Powers, the Rule of Law and then by chance found the reflections of Judge Michael Comyn…….

‘Governments should regard the appointment of Judges as a supremely important function. A Judge has great power – not general and diffused like the power of a Government but intimate and personal, directly affecting the lives fortunes of individuals.

Some Judges can be very bad, the two worst defects being an itch to exercise power on all occasions and the desire to be humorous. It is not easy to foretell whether a man will make a good Judge but I have seen many cases where it was obvious that a man would be a bad judge and he was. A man who is not a good lawyer, with a sound knowledge of the law, should not be made judge because it is the law of the land which the Judge has to administer, not what he thinks the law should be, in civil cases, he usually has little discretion but in criminal cases, quite a lot of power.

The lawyer’s practicing on my circuit were careful and competent men. I tried to be always courteous to them and I particularly tried to be.

What a shame our Judiciary, our lawyers, our Tribunals, cannot pay heed to the wiles of others, and return to thinking of those plain people of Ireland and their need for protection from say the big banks, the debtors, the loss of homes downwards and take a really committed approach to building up the Law Society Fund so that where necessary nobody will be left in an unjust set of circustances like those that could ruin their lives. I was caught up badly in negative equity in England in the 1980's and it is not a place to go.......

Judges : to you had the courage to refer the three lawyers to the Fraud Squad and more importantly to the Cab, I congratulate. I hope these solicitors have the strength to pursue their business and retrieve as much money back..

The time is right for Ideation.......The Judiciary must define their position in an equitable way and promote fair sentencing.

I have chosen this poem Stand Fast because, someone gave it to me, to protect me when I felt most vulnerable. It was the divorce court and I read it and imagined it - one of the worst times in my life....

Be like a tree in pursuit of your cause
Stand Firm, grip hard, Thrust upward,
bend to the winds of heaven and learn tranquility.

What wisdom and experience Edward Abbey, Contemporary US writer

Related Link: http://www.mentalelections.ie
author by Rockpublication date Tue Dec 04, 2007 21:14author address author phone Report this post to the editors

Stan
Solicitors have to provide a written estimate of costs in the form of a section 68 letter. Why should anyone pay them cash? Solicitors in other countries are allowed to work on a percentage basis or on a scheduled basis i.e. so much for a letter or affidavit. If so many people are having problems with the cost basis, it means there is a problem. Better to look for a solution than make pompous remarks.

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