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Criminal Scandal @ Tara

category national | crime and justice | news report author Wednesday March 19, 2008 13:01author by Tara Support Report this post to the editors

EU believes all works blocked since July 18th 2007

Have they seen the brutalisation of protestors instigated by the quango that comprises
the NRA?

The EU , this morning answered a tabled question regarding the ongoing works at
Tara, the EU believes those works are stopped.
Protestors have been criminalised and brutalised as a result of a media driven government
campaign to isolate them, in the belief that ordinary commuters think they need the toll road.
Rath Lugh
Rath Lugh

There will be a case against this government in the Eoropean Court of Justice.

Meanwhile protestors are getting legal notices to quit this morning, signed and dated
by the OPW. (the OPW are run from DOE, they are at 52 st stephen's green)

Does it look good on the Green CV?

Bertie presided over this activity, he thinks its more important to shake the hand
of a purveyor of illegal war than to have a non-corrupt planning process with citizen
input?

How tied are the hands of John Gormley?

Are they aware of the paper trail of illegality in process that is in the possession
of campaigners?

The EU is operating under the belief that works on the M3 ceased pending hearing
any response from DOE..
http://www.environ.ie

Campaigners you have endured hell to show this planning corruption and abuse of office
for what it is- thanks.

http://www.savetara.com.... full statement and question tabled on here.

author by negotaiated programme for governmentpublication date Wed Mar 19, 2008 18:24author address author phone Report this post to the editors

A national radio station has been carrying this headline all day-
http://newstalk.ie/news/6705/gormley-says-rath-lugh-mon....html
http://www.indymedia.ie/article/86333

only thing is campaigners have been given eviction orders signed by the OPW, which
comes under the aegis of Minister Gormley's dept (Boyle signed the programme for
government, the last thing minister Roche of the revolving seat did was sign a
destruction order on Lismullin which had been facilitated by his predecessor
Minister Cullen)

There will be a court of Justice case on the issue and it will make Mahon look like
a walk in the park, only thing is the health and safety of conscientious protestors
has not been upheld since July 18th 2007 and the monuments are getting taken down at a rapid
pace (destruction of evidence) we have it all on film.

author by :::publication date Wed Mar 19, 2008 18:52author address author phone Report this post to the editors

your link wasn't working

http://newstalk.ie/newstalk/news/6705/gormley-says-rath....html

author by TaraTaraTarapublication date Thu Mar 20, 2008 09:32author address author phone Report this post to the editors

UPDATE

Bulldozer ploughing into Esker. Garda Riot Van with shields on window at Lismullin and cement mixer on road from Lismullin approach. Protectors have not reacted yet.

Situation tense. Supporters needed. Bring phone credit, camera and video equipment etc. Standby.

author by cpublication date Thu Mar 20, 2008 09:49author address author phone Report this post to the editors

The NRA is a non-elected quango which seems to have more power that the Minister for the
Environment. They were given that power, much in the same way as the HSE by a fat
FF party who are uninterested in governance but in utilising their offices for profit.
In Northern Ireland.
in our health services.
In our heritage law.
FF support illegal war and abuse office.

They will be telling us Lisbon is a good idea next....

author by TARA - RATH LUGHpublication date Thu Mar 20, 2008 10:27author address author phone Report this post to the editors

There are 50 security at rath lugh, and security walking through the camps in the woods preparing for the eviction, we need more people urgently!!!!
Please bring, poly prop, for walk ways in the trees, batteries,video equipment, cameras., warm blankets and food, any support would be gratefully recieved thanks

Related Link: http://www.tarapixie.net
author by TaraTaraTarapublication date Thu Mar 20, 2008 10:53author address author phone Report this post to the editors

Massive presence of Security and Workers estimated now at 100.
3 Riot Vans in the vicinity.
2 Diggers working on the Esker.
2 Ferrovial taking photographs of tents and benders.
Journalist talking to Squeek.

Help needed urgently.

author by TaraTaraTarapublication date Thu Mar 20, 2008 12:22author address author phone Report this post to the editors

The Camp at Rath Lugh is continuing to be searched by Security including the Tree Houses. Currently there are

4 Dumpers
1 Roller
2 Bulldozers and
2 Diggers

working low on the Esker while concrete for Fenceing is being laid near the top 5-10 ft from where the old temporary fence line used to be.

author by TaraTaraTarapublication date Thu Mar 20, 2008 12:41author address author phone Report this post to the editors

In Jan 07 Meath Co Council brought in Sean De la Meare Construction to fell the trees along the route of the proposed M3 before the PPP Contract had been signed.
They have been used several times to do the work that Siac dont want to do.

They are directing the work of erecting the permanent metal fenceing at Rath Lugh, the 4th time they have encroached further and further into the woods in the last week.

Latest count showing 40 Gardai, 60 Security and countless workers present on the unstable Esker.

Riot Squad were also present this morning. Gardai and Security are walking the Camp and Woods intimidating and harassing members of the public.

One female Protector has been arrested.

For further details ph Vigil: 0861758557

Related Link: http://www.tarapixie.net
author by Rath Gabhrapublication date Thu Mar 20, 2008 13:31author address author phone Report this post to the editors

NRA STATEMENT RATH LUGH

The NRA entered into an understanding in good faith with protesters at Rath Lugh on Saturday March 15, 2008 under which the contractors work on fencing off the road land take and the construction of a haul road past the national monument would not be interfered with. However, over recent days continued protestor actions have not allowed the contractor to put in place protective fencing and construct the haul road. This interference is in direct breach of the understanding.

On Tuesday 18th March the contractor sought to erect fencing on the project boundary line, which is outside the area covered by the national monument Preservation Order. In addition the contractor sought to commence the construction of the haul road that had been clarified with the tunnel protestor on Saturday evening. In both areas violent protests ensued and the contractor ceased work due to safety concerns for his operatives and the protestors. As a result these important elements of the programme of works clarified with the tunnel protestor on Saturday were not achievable.

All of the clarifications discussed with the tunnel protestor on Saturday 15th March 2008 continue to apply including the review of the horizontal alignment in the environs of Rath Lugh, with the exception that the timing of a part of the works has been rescheduled following the advice of An Garda Siochana in light of the continued violent protests and their public order concerns. The situation requires the commitment of significant Garda resources to achieve a safe and secure working environment.

Due to the evolving situation and the taking into account serious Garda concerns the Authority has requested the contractor to advance the construction schedule and put in place a "box cut" (foot print of future road) within the construction zone at Rath Lugh. This action will identify where the road will be placed and remove all concerns as to the potential impact on the national monument.

The monument at Rath Lugh is under a permanent protective Ministerial order and a protective zone is already in place around the monument. The Authority will continue to liaise directly with the Department of the Environment, Heritage and Local Government and will observe all requirements under the Ministerial order to protect the national monument.

author by Joanne Corbettpublication date Thu Mar 20, 2008 13:50author address author phone Report this post to the editors

Operation Bedrock

author by Joanne Corbettpublication date Thu Mar 20, 2008 13:53author address author phone Report this post to the editors

They were searching inside peoples tents and benders and on the grounds around with rakes/stakes......wearing forensic type suits (jump suits)......

Related Link: http://www.tarapixie.net
author by TaraTaraTarapublication date Thu Mar 20, 2008 14:04author address author phone Report this post to the editors

There have been 3 arrests. A Special Sitting will be held this afternoon at Navan District Court.

Other public who were trying to make their way to machinery were put in a Paddy Wagon and driven off site through Lismullin and dropped back again at the entrance to Rath Lugh after recieving Cautions . They were then told that they could re join the protest!

More updates later.

Meanwhile numbers are badly needed on the ground along with equipment and supplies.

Related Link: http://www.tarapixie.net
author by local campublication date Thu Mar 20, 2008 15:33author address author phone Report this post to the editors

...it's beyond awful out there

img_0743.jpg

img_0759.jpg

img_0786.jpg

img_0790.jpg

img_0864.jpg

author by TaraTaraTarapublication date Thu Mar 20, 2008 15:33author address author phone Report this post to the editors

Text Update.

Guards completely uncooperative.
Wouldnt say who was the highest ranking Officer.
Finally one Guard pointed to Martin Maher Director of Siac as highest ranking Guard!!!
End text.

Who is running the country? NRA Militia ?

author by Saddenedpublication date Thu Mar 20, 2008 17:24author address author phone Report this post to the editors

"Finally one Guard pointed to Martin Maher Director of Siac as highest ranking Guard!!!"

Comic , tragic but sadly no surprise. Our police force are now a police farce , nothing but a state funded free army for multinationals exploiting our land.The picture above of two Garda kneeling ontop of protester are shamefull.

MARTIN MAHER SHOULD BE HELD PERSONALLY RESPONSIBLE FOR ILLEGALL WORK AND FOR ALL INJURYS TO PROTESTERS DURING THIS TIME.

author by Tara Supportpublication date Thu Mar 20, 2008 18:12author address author phone Report this post to the editors

I informed him today that the EU were labouring under the belief that all works had ceased
nine months ago pending investigations, he affirmed he was indeed in charge.

so I asked him if he knew that he was committing a criminal act?

The man does not seem very bothered about commiting criminal acts
much like the government that is run by the quangos, really.

People should know that the commiting of illegal acts by corporates are not frowned
upon by those that have supported this government (The Greens and Mary Harney, Finian
Mc Grath, Jackie Healy Rae and beverly Cooper-Flynn)

It is a type of arrogance grounded in knowing that Minister Roche and his ilk have abused
office to run a motorway in an act of desecration through the valley.

Minister Ahern presided over this shambles, and interestingly when they write his bio
and about Northern Ireland, they will write about his corrupt practice and the importation
of US style health care systems also.

John Gormley visited this morning, btw, his PA advised him not to get his shoes dirty
and he did not go to the frontline.

http://www.environ.ie
how long are we going to sit and watch the abuse of mandate for profit by a group
of CEO's who think infrastructure is about profit-gain?

author by TaraTaraTarapublication date Thu Mar 20, 2008 19:23author address author phone Report this post to the editors

Of course Maher is not afraid of committing a criminal act, he has the support and backing of the Gardai, the Dept of Environment, Transport, the NRA, and countless billions of Euro. The EU have blinkers on, conveniently.

Check out Local Agenda 21 on Google or at www.woodlandleague.org for more info on same.

It is our DUTY to use whatever force ( one assumes reasonable) necessary to protect our Environment and Heritage. Ireland signed up to the Aarhus Agreement which only strengthens Local Agenda 21.

Below is a link to some more nauseating pics taken today at Rath Lugh. I dont know which is worse, looking at Irish workers destroying the top of the unstable Esker ( watch you dont fall down there folks) or looking at foreign Security workers ensuring that they do it.

Related Link: http://www.savetara.com/RathLugh0320
author by W. Finnerty.publication date Thu Mar 20, 2008 21:05author address author phone Report this post to the editors

Never forget though who is PRIMARILY responsible for creating and sustaining the whole mess.

"By such tactics, Mr Justice Thomas Smyth and his colleagues in the judiciary can continue (indefinitely as things stand) to use National Monuments (Amendment) Act 2004 'law', which is in all probability ILLEGAL LAW, to support the construction of PPP toll roads which have been designed to destructively plough through places like Tara, County Meath (the Bronze Age Capital of Ireland as far as I know) and Turoe, County Galway (the Iron Age Capital of Ireland as far as I know)."

"If the situation outlined in the paragraph immediately above does not represent 'legal profession corruption' at its very worst, then I don't know what does?"

Related Link: http://www.indymedia.ie/article/83821#comment204626
author by Mimipublication date Fri Mar 21, 2008 00:00author address author phone Report this post to the editors

Can somebody put a copy/transcription of the 10 point plan that Squeek agreed with the NRA up here, or on one of the Tara lists please. Their backhandedness must be exposed for all to see.

author by jake - ukpublication date Fri Mar 21, 2008 00:56author address author phone Report this post to the editors

The campaign has gone on to long ,loads of divisions,bickering and back stabbing .This caring for TARA should have happend 2-3 years ago,the destruction has been done and can not be reversed.
jake.

author by Tara Supportpublication date Fri Mar 21, 2008 09:46author address author phone Report this post to the editors

Ireland has not 'signed up' to Aarhus, do people not read the articles.

On Febuary 16th 2006, at launch of the planning bill known as the SIB, Dick Roche affirmed
that he 'would be transposing elements of Aarhus into Irish Law'

Ok- Got that?

that is FF corruption and cherry picking in action.

FF have not accepted the spirit of Aarhus/Kyoto or the partnership element of the EU.
They cherry pick to suit their mafia tendencies and tailor international law to the constitution-
they have ignored international human rights law on everything from children's rights through
Heritage. this is why a report went up on Gormley saying that he wanted to transpose C other articles)
aarhus, when in fact in the Programme for Government (which senator Boyle is aware of)
precludes that because of the overall majority of FF/PD voting in SIB?

Can you read the reports, it is cruical that people are aware of how the legislature
has been corrupted to accomplish criminal planning and abuse of office.

Mr Maher knows he is in contravention, he will prob be a witness, but
his ass is covered by his ilk who see him as readily disposable and easily replaceable.

There are since 2001 not heritage protections in Ireland.
Ciaran Cuffe who walked with the Tara campaign supports that premise, in exchange for
power.

So we are witnessing not alone abuse of eco but of international accepted rights
and treaties and in this regard FF will also tear up, abuse and generally twist any
other EU convention or rights law to suit one thing:- wealth and opportunity.

again:- beverley Cooper-Flynn, Finian Mc Grath, Jackie healy-Rae, John Gormley
and others who have supported FF through Health Crisis and Maho are aware of this
but suceed into rationalising it into 'clientelism'

Roche is a criminal. FF are abusers for profit. there are no protections for Tara.

author by Rath Gabhrapublication date Fri Mar 21, 2008 09:57author address author phone Report this post to the editors

From the Irish Times, via the NRA rather than from Lisa herself.
10-point plan:what was agreed

According to the NRA, it agreed the following with protester Lisa Feeney
last Saturday.

• Crib walling to be constructed using preserved timber.

• Works to be supervised by an archaeologist and engineer.

• Landscaping: all exposed areas on Esker to be planted with semi-mature
trees.

• Crib wall to be planted with semi-mature vegetation.

• Road alignment to be gauged to move as far south as possible.

• Spoil heap south east of Rath Lugh to be removed or planted with
suitable vegetation.

• No additional lands to be purchased in the vicinity of Rath Lugh for
road construction.

• A reduction in land available to contractor by up to 7m and a further
reduction subject to realignment review.

• Low-noise surfacing to be used between Roestown and Ardsallagh
(Skryne-Tara Valley).

• No work to take place on a marked-out space between Baronstown side of
the site and Lismullin until April 17th.

author by TaraTaraTarapublication date Fri Mar 21, 2008 10:52author address author phone Report this post to the editors

8.30am - at least 8 diggers
6 Gardaí and about 40 Construction Workers bringing in
topsoil and earth at Rath Lugh.
They are not working on shoring up the esker but on actual
construction.
Over 40 Security are lining BOTH sides of the route at RL.

author by Cael - Sinn Féin Poblachtachpublication date Sat Mar 22, 2008 15:43author address author phone Report this post to the editors

Fair play to the protestors who are now the thin line between Ireland being sunk into a cess pit of gombeen corruption and mindless greed and any hope of a decent future for the Irish people.

Related Link: http://admin2.7.forumer.com/index.php
author by Reply topublication date Sun Mar 23, 2008 15:52author address author phone Report this post to the editors

Kingpin role of legal profession

For full coverage of the failed Salafia Tara case see: http://www.savetara.com/art2006.html

Read the relevant articles through from January to October.
For further information, a total of 17 affidavits were provided to the Salafia case. Only three were allowed. There have been many accusations about the non-cooperation of the academic community in court cases. They gave this case their full backing and somehow everyone seems to have forgotten that this case happened at all and that it failed miserably.

In the light of the most recent attempt at an injunction and its failure it is very important that people realise that this previous case existed and was quoted extensively by Justice Laffoy in her remarks recently.

Also note the threat from October 2006 that another case was pending. That was nearly a year and a half ago. Nothing has emerged from that quarter except for threats of more legal action. The Lucas case has not been lodged with the court service. Professor Eogan is manifestly not in hospital - see
http://www.youtube.com/watch?v=dk_9zkgIcxo&eurl=http://....com/

Related Link: http://www.savetara.com
author by Tara Supportpublication date Wed Mar 26, 2008 17:18author address author phone Report this post to the editors

Madam- As the National Roads Authority digs into the esker at the base of Rath Lugh,
Kathy Sinnot receives a written reply from the European Commission that says:
"The Commission is fully aware of the prevailing situation in relation to the proposed
construction of the M3 motorway through the Tara-Skyrne Valley. The Commission
further notes that construction of the proposed route is blocked."
John Gormley did not bother to check the esker on his recent visit to Rath Lugh.
Then he issued a statement saying that the monument was safe. What has he told the
European Commission to lead them to believe that construction is 'blocked'?
The NRA, responsible to Minister for Transport Noel Dempsey (i) did not keep their
word to Lisa Feeney, (ii) they refuted the agreement that they had made and (iii)
they sent the ten point agreement to The Irish Times (Published March 21st)
With the Taoiseach floundering in the tribunal, no wonder his ministers feel no
responsibility to the truth.
What sort of leadership is this to the young and not to the young citizens of our country?
Yours,
Muireann Ni Bhrolochain.

(Thanks Muireann, It needs constant repitition for them to understand their utter
neglect of the future generations heritage, which is not theirs to sell to corrupt
planners for quick profit)

author by m3nmepublication date Wed Mar 26, 2008 23:15author address author phone Report this post to the editors

Large machines passing at foot of esker, crumbling /erotion apperaing ABOVE the fence line.

author by oisin15publication date Fri Mar 28, 2008 01:57author address author phone Report this post to the editors

We need to move quickly.

This (comment) is longer than most but please read, and re-read thoroughly before commenting.

We really need legal input on this very very quickly.

I believe this demonstrates that the Petitions Committee can ask the ECJ to call a halt to works pending the hearing of the case brought before it. In fact some members believe they have done so!! And Dimas states that he could have - but did not!!
We need to persuade Kathy Sinnott to help us get this now. The NRA/Government know this "option" exists and that is why there is such a huge push on now.

We don't need to wait for any "Lucas" case. The option is available to the Petitions Committee NOW. They merely have to ask. I am no legal expert but I suggest that one reason for seeking this "halt"/granting of this "halt", is the current destruction of evidence which would diminish the Petitions Committee's original case.

"P-5712/07EN
Answer given by Mr. Dimas on behalf of the Commission
(14.1.2008)
The Commission cannot itself order a halt to works of the kind referred to by the Honourable Member. Under Article 243 of the EC Treaty, the Court of Justice may prescribe any necessary interim measures in relation to proceedings before it and the Commission may request the Court to prescribe such measures. There is limited case-law on the circumstances in which interim measures are likely to be granted. The Honourable Member is referred to the orders of the Court in Case C-320/03, Commission v Austria for an insight into the factors that the Court is likely to take into account.

In October 2007, the Commission announced an intention of referring Ireland to the Court in the case mentioned by the Honourable Member (see Commission press release IP/07/1524 of 17th. October 2007). The Commission did not decide to seek interim measures. As the press release indicates, the case in question relates to the correctness of the national legislation used to give effect to Council Directive 85/337/EEC of 27th. June 1985 on the assessment of the effects of certain public and private projects on the environment as well as to the correct interpretation to be placed on the Directive in respect of decisions involving the removal of historic structures and monuments. The Commission hopes to achieve an outcome that will result in the correct national legislation being put in place and the correct interpretation of the Directive applied. On a more general note, the Commission can only encourage national, regional and local authorities of Member States to take all the necessary measures to protect and promote their cultural and archaeological heritage.

Follow-up Question from Kathy Sinnott, MEP.
(17.1.2008)
In reference to the answer from Mr. Dimas, on behalf of the Commission, on the 14th. January 2008 (P-5712/07EN) what has the Commission done to encourage the Irish Government, Meath County Council, or the National Roads Authority to protect and promote their cultural and archaeological heritage?"

Now read this -

"Written Question E-0845/08
by Kathy Sinnott (IND/DEM)
to the Commission
Subject: Calling formally on the Commission to act

In the ongoing situation in the Tara-Skryne Valley in Co Meath, Ireland, the Commission is aware that Ireland has breached its environmental law, the 2004 National Monuments Act. Due to a lack of action on the part of the Irish Government, citizens have turned to the European Union for assistance.

Is the Commission aware that it itself has funded €2.9million towards the planning and design of the M3 Motorway, which has breached various laws and held flawed archaeological examinations? In light of this, the Commission should hasten its action on the matter and address the call for an injunction.

How will the Commission respond to a formal call to act on the situation?

---------------------------------------------

E-0845/08EN
Answer given by Mrs. Hübner
on behalf of the Commission
(18.3.2008)

The Commission is fully aware of the prevailing situation in relation to the proposed construction of the M3 motorway through the Tara-Skryne valley. The Commission further notes that construction of the proposed route is blocked.

Issues arising from the proposed construction are currently the subject of an infringement procedure being dealt with by the Directorate-General responsible for Environment. The infringement procedure concerns possible non-compliance by the Irish authorities with the Environmental Impact Assessment Directive as it applies to the discovery of sites of archaeological importance at a late stage in the construction authorisation process. Because of unresolved differences of legal opinion concerning the degree of compliance of national legislation with the requirements of European law, the Commission has decided to launch proceedings in the European Court of Justice.

The Commission acknowledges that ERDF (European Regional Development Fund) funding was granted for the design and planning of the proposed section of the motorway. There is nothing to suggest, however,that the expenditure concerned has been improperly incurred in terms of Article 12 of Council Regulation (EC) No 1260/1999 .

Footnotes: Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ L 175, 5.7.1985. Amended by Council Directive 97/11/EC of 3 March 1997, OJ L 73, 14.3.1997. Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds, OJ L 161, 26.6.1999."

And finally - read this extract from the ECJ Website -

"Provisional legal protection (Articles 242 and 243 EC)

Actions filed with the Court of Justice or the Court of First Instance
or appeals lodged against their judgements do not have suspensive
effect. It is however possible to apply to the Court of Justice or the
Court of First Instance for an order to suspend the application of the
contested act (Article 242) or for an interim court order (Article 243)

The merits of any application for interim measures are assessed by the
courts on the basis of the following three criteria:

* Prospects of success on the main issue;
* Urgency of the order;
* Weighing of interests.

Example of a case decided under Article 242 or Article 243

Willi Rothley and others -v- Parliament T-17/00

An interinstitutional agreement concluded between the Parliament, the
Council and the Commission provided that each institution would adopt
common rules to ensure the smooth operation of investigations carried
out by OLAF (the European Anti-Fraud Office) within those
institutions. In November 1999, the Parliament adopted a decision
making it possible to bring into force the rules provided for by the
inter-institutional agreement.

The applicant and seventy other Members of the European Parliament
challenged the legality of that decision claiming that it should be
annulled. Furthermore, they claimed that the court should order
suspension of the operation of the decision and/or adopt any other
interim measure in order to ensure the protection of Members of the
Parliament.

The Court decided to suspend operation of the provisions of the
Parliament's decision which required applicants to co-operate with the
OLAF in order to ensure that the applicants' interests are protected
pending the hearing of the substance of the case."

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