Apply the Rule of Law Minister Linehan.....Brian Rossiter

by Jack Russell - Social Justice and Ethics Sun Mar 23, 2008 18:15

Kevin. It is shameful that the death of Brian Rossiter in custody - a young boy of 14 years old is left rest in such murky waters......I hope this matter is referred to the Attorney General, and other organisations like Amnesty and the Irish Penal Reform Trust........There needs to be clarity

by - Sun Mar 23, 2008 21:03

Barr Tribunal "A light rap on the knuckles for shooting a mentally ill man"
http://www.indymedia.ie/article/77539
& complete report http://www.eire.com/photos/Barr_Tribunal.pdf

Brain awareness week by Michelle Clark
http://www.indymedia.ie/article/81482

by Domhain Sceadaman - The Plain People of Ireland Tue Mar 25, 2008 11:29

Whilst fully supporting your justified anger at this situation, and numerous others, I wonder, Kevin, which set of laws that you are referring to?

We are all aware, or should be, that there is not one set of laws that apply uniformly to all of the population.

For a uniform and fair system of justice to apply in any country would require the following:-

1/ A set of laws that apply to all citizens.
2/ A totally fair and impartial police force that was there to uphold those laws.
3/ A system that ensured that all persons had access to legal representation of equal quality, in criminal and civil cases, irrespective of their ability to pay.
4/ A judiciary that treated all persons before it equally.

Sadly Kevin we do not have any of the foregoing components in the country today.

Domhain Sceadaman

by Kevin T. Walsh - Social Justice an Ethics Thu Mar 27, 2008 18:31

Domhain

Justice for all - the aspiration.

All we can do is continue to pledge for justice in the case of clear injustice.

Brian Rossiter is in my expectation of justice, a cruel miscarriage of justice. I ask the Minister of Justice, Brian Linehan to assuage this.

I note the posting for another similar case, much highlighted in the media and on Indymedia. The family of Terence Wheelock, a young man, who died in custody. Does anyone know if this case if going to the Ombudsman

Let us not forget the stoic Sister of John Carthy, a young 29 year old man who suffered from Bipolar, Anxiety and who died at the hands of a crack unit of Gardai.....in a constructed siege situation in Abbeylara, Co. Longford.

Mr. Justice Barr adjudicated on the Tribunal.....The findings are in place yet there is no appearance of provisions for mental health cases.......The stigma must stop.

Kevin T. Walsh

by Kevin T. Walsh - Social Justice and Ethics Sat Mar 29, 2008 00:10

Think of these joung men.........their injuries were sustained in dubious situations........Brian Rossiter was a boy of 14......vulnerable.....the outcome brain damage and death. The Ombudsman need to report.

Let us see the control over the ERU, responsible shooting of John McCarthy, age 29. Then take the time to look at the Mr. justice Barr report mthat spoke in a forthright was as to the wrongs and few writings in the outcome that saw Mr. John MeCarthy - we need to undersand this Tribunal report and to know that futur mistakes will not occur. Please note tonight the ERU HAVE BEEN SENT TO LIMERICk.

Do not forget the Wheelock boy ....... and the transgression the appear to happen.

Michelle

by Kevtin T. Walse - The Last murmurings on the death of Brian Robiter Wed May 28, 2008 01:32

I sought the Ministrer for Justice in here.

Two many young are be ill treated in prisons and when Brian Rossiter is onlh16, there is something arong.

Then we need to look to other similar situations.........This is wrong. It is about the loss of young life.

Do something please.

Michelle Clarke I sustained brain injury, it is about extra cost to the state. Let's teach our police force the dangers and alternative routes.

Michelle Clarke Refer Indymedia

Let us not forget Terence Wheelan and so many oher.

by Michelle Clarke - Social Justice and Ethics Sat Jun 14, 2008 16:46

Brian Rossiter, only 14 who died incustody in prison.....where are his human rights? Why such punitive treatment on his family and friends by choosing to ignore rather than apply the Rule of Law to those responsible. This is Natural Justice.

I would say to the Minister of Justice......The No vote reverberates disatisfaction. I agree Domhain with you and the two tier society that has taken over in Ireland....and add to this the newly formed 'Underclass' or more importantly the impending persons who will form the underclass........The No sees the problem clearly.....I would suggest.

Let us not forget Terence Wheelock who is deemed to have committed suicide while in prison. His family have maintained a vigil for Justice, the Rule of Law and Equity.

To those capitulated by the NO VOTE, take some time out before shouting that you are going to join the likes of Sarkozy. and ignore the No Vote and sign the Lisbon Agreement. It is time to go to a local river, and listen for the salmon (knowledge) swimming. Like parent who listens to a child, there are advantages.

Then let us not forget Donegal and such a gross miscarriage of justice that virtually destroyed peoples' lives. Have any chages yet prevailed against the relevant Gardai?

We need to uphold our Rule of Law. We need to realise just how important Impartiaility is. We need to look to Dublin Castle and the Scales of Justice. Then we must ask the question as the older Dubliners would have 'Is the arse still to the people of Dublin? and why! Corruption investigation abounds and the peoples' view must and the No vote must indicate that we are not convinced about the Governments view on Corruption. Where are the changes? Interestingly, the two tier society mantra is ringing through from the no vote.

I would recommend a recently published book.....It takes us back to legal system during the period 1916-23. The title is Revolutionary Lawyers. Sinn Fein and Crown Courts by David Foxton.... What is interesting is how the twist in the law between one jurisdiction and another was used to advance LAW, it is about different sets of experience. It focuses on constitutional aspects of the law and the criminal procedures in the Dail Courts, which were quite unique. The upholding of the Separation of Powers is critical and there ought to be minimal cross-overs that jeopardise the principle of 'beware of the vested interest'.

Quotation by Einstein
'The most beautiful thing we can experience is the Mysterious' Worth a thought.....

by Jack Russell - Social Justice and Ethics Mon Jun 16, 2008 16:43

I agree with you Michelle to a certain point but we can't have a miscarriage of Justice because we have had no enquiries yet. The Rossiter case haunts me. My first simple question to the State and Mr. McDowell, retired Minister for Justice, is how could a 15 year old minor be detained in a Garda Cell. Simply, this is contrary to the Law but sadly young Rossiter was, and he paid a high price - his life, for it.

Was this murder? Was it manslaughter? Whatever happened, it happened and this young boy is dead. At top Scottish Forensic expert/neurosurgeon, in his own analysis, said in his own words, this young boy died between the hours of Garda custody. This means young Rossiter received a blow to the head which caused internal bleeding in the brain.

McDowell used an old law to cover full disclosure in this investigation. Some member of the Gardai or others know what happened? I am sure some have their own children the same age. Please God, bring a Whistleblower!

Many years ago in a small village in Shercock, Co. Cavan, a man in his late 50's was arrested because of the theft of a pension book. That night, he died in the prison cell in Shercock. His spleen was busted so severely, it actually caused massive bleeding and death. The Sargeant retired, a young Garda from Mayo left the job and went to America. Detective Sargeant Jordan stood trial for the death of this poor man. He received a 5 year suspended sentence. He know drives a taxi in the South West of Ireland.

Presently, I am watching the Dublin Circuit Court. I read the cases of Judge Kathryn Delahunt (wife of Minister Ahern). I can see no mercy - instead I see young offenders receiving 9, 10, 11 years for not very serious crimes. Our prison system is in tatters. It is overflowing in numbers - I ask is Locking up Kids the Answer

What alternatives e.g. prison system in Norway.

by Michelle Clarke - Social Justice and Ethics Tue Jul 01, 2008 20:45

Sophie Toscan duPlantier - her body has been exhumed today.

As in the case of Robert Holohan, a low copy number (LCN) DNA testing will be carried out.

Where do these the Department of Justice Equality and Law Reform stand in relation to these challenges voiced by citizen journalism, a new tier to Media coverage, thankfully grassroots.

Sophier Du Plantier is an investigation that is now 11 years old. This exhumation is directed by a French Investigative Team, this investigative team will request two witnesses from Ian Bailey's libel trials held in Cork.
Note: these two witnesses in the Libel Trials...WILL BE INVESTIGATED IN FRANCE.

It must be an awful indictment on the forensic team (Garda) who combed the crime scene at the time in Cork. It appears to me now that all trust has broken down between the Du Plantier family and the Irish Government. We must remember that the Gardai at all times are an organ of the State and are subordinate to the Department of Justice and the people of Ireland.

Libel law is an expensive luxury in a country like Ireland where the legal profession receive large sums of fees for representation. It is a great bonus to Justice that Ian Bailey, Journalist, who ended up in court to defend his name, on a murder charge, has found the stamina, the ethics, sense of wrong through injustice, to make a stand against what appears to apply in Ireland today - the Fantasy of Human Rights (title from book written by P.J O'Mahony.

Quotation for consideration
Benjamin Franklin
'God grant that not only the love of LIBERTY, but a thorough knowledge of the Rights of Man, may pervade all the nations of the EARTH, so that a philosopher may set his foot anywhere on its surface and say THIS IS MY COUNTRY'

We talk about Victim Impact statements.......but surely the endeavours like John Carthy's sister (Abbeylaru, bipolar brother shot dead by ERU in a siege) and her stand for her brother in the Barr Tribunal; the family of Brian Rossiter who persist to ensure the Rule of Law stand's firm; the Wheelock family and their commitment and or course the Du Plantier family; and all those people, we know to be actively involved in crime situations that they are not justified in line with the Rule of Law.

Michelle Clarke

by Jack Russell - Social Justice and Ethics Thu Jul 03, 2008 00:16

Michelle

A bril. piece as usual.

I notice in recent media the change of sentiment towards Ian Bailey. It is now ironic that Ms. Du Plantier's family may ask for his support to resolve the plight of injustice towards the death of their daughter in Ireland.

It is written in the Independent today - Marie Farrell was described as the star witness of Mr. Ian Bailey's 2003 libel Court Circuit hearing. However, less than 3 years later she would sensationally recant her sworn evidence, amid claims that it was made under extreme duress.

Marie Farrell had insisted she had seen Ian Bailey in the early hours of December 23rd 1996 at a bridge outside Schull. Mr. Bailey said he never left his house that night. However, Marie Farrell in a blaze of publicity explained some years later - that her conscience had prompted her to come forward. Marie Farrell stressed that she deeply regreted what had been done to Ian Bailey.

Immediately, an internal Garda probe began under Asst. Commissioner Ray McAndrew. The main investigation was concerning Mrs. Farrell's allegations about some members of the Gardai towards her and further more serious claims made by Ian Bailey against the Gardai. Marie Farrell and her family have moved away from West Cork to the West of Ireland where they now reside. The full details and recommendations of the McAndrew Report have yet to be published.

Michelle - on serveral occasions, the French Authorities alongside the DuPlantier family have criticised the role of the Gardai in this investigation.

Ian Bailey is still pursuing a case against the State for the way he was treated. Mr. Bailey pursued a career in Journalism for many years. After working for newspapers first in Glouchester in England, then Cheltenham (8 years), he worked for the Times, the Daily Mirror, the Sunday Times, the Daily Telegraph, HTV and BBC west.

Serious questions arise out of this case, Michelle.....and others. It is always advisable (as in other countries) that post morterms are independent of the State.

At the moment we have the Rossiter case, still not fully and accurately explained to the Irish public and I would like to know if there is any internal investigation within the Gardai themselves. Do not forget the words of Mr. Justice Fred Morris in Donegal nor the words of Chief Justice Adrian Hardiman in relation to the treatment of Frank Short ( who was fully exonerated and paid millions by the State). Over the last number of years, there is an element within the Gardai Siochana which have been proven through enquiries, courts throughout Ireland that there is a serious lack of discipline and a lack of courtesy to the Irish citizen. The Department of Justice need to clean it up and now I welcome the new Garda Ombudsman and the way they handle their inquiries. The way they handle these proves most efficient.

Jack Russell

by Michelle Clarke - Social Justice and Ethics Fri Jul 04, 2008 10:21

Mr. Russell,

It is always nice to interact with people who are interested in the findings of Justice for people, especially in the case of Sophia Du Plantier who was murdered so horrifically and sadly now, the parents, in the winter of their lives, who still thriving and fighting for justice for the loss of their beautiful daughter. It is hard to believe it is 1996 when this happened. It is stated today by correspondent Shane Phelan (Investigative - Irish Independent) that the family of Sophier Toscan Du Plantier will write in the coming days to Ian Bailey, the former prime suspect but not anymore in the murder. The family are willing to ask Mr. Bailey, would he travel to France and help them with the investigation there. It is understood that the English born journalist Bailey who was falsely arrested twice in connection with the murder is willing to meet the Sophia's parents and the legal investigators here in Ireland but not in France.

Sophia's uncle, Jean-Pierre Gazeau hopes Mr. Bailey will change his mind and go to France because the French Justice magistrate, Patrick Gachon, has no legal powers in Ireland. Mr. Frank Buttimer, Ian Bailey's solicitor would not speculate yesterday if Mr. Bailey would consider further travelling to France. Mr. Bailey made the offer to co-operate with Sophia's family after the French woman's remains were exhumed in the South of France on Tueday, on the other Orders of the Magistrate Mr. Gaschon.

The Gardai in Cork are keeping very tight lipped on recent developments. Like other cases in ireland, Mr. Russell, it is an unsolved murder and on numerous occasions the Du Plantier family and the French Authorities have criticised the Gardai since 1996.

The amount of unsolved murders in Ireland is alarming - all you have to do is watch on RTE the case files of all the missing women e.g. Fiona Pender, Annie mcCarrick, Jo Jo Dollard and so many more, with families waiting for phone calls to put their mind at rest.

I ask Kathleen O'Toole who came to Ireland from Boston last year and appointed by former Minister for Justice, Michael McDowell - there must be section for Forensic Detectives, who are highly trained, especially in how to create a crime scene and not to tamper one, through lack of training.

As an Irish citizen I wish Sophia's family, all the best in their quest for justice for their beautiful daughter.

Michelle Clarke

We are still waiting the full results on the death of Brian Rossiter in Clonmel Garda Station.

by Michelle Clarke - Social Justice and Ethics Fri Jul 04, 2008 10:29

Hello Jack

The family of Sophia Toscan Du Plantier, as per today's Independent, are going to write to Ian Bailey to ask him to visit France and co-operate with a new probe into her murder. I hope things work our well for this unfortunate French family. 13 years is a very long time in the fight for justice for their daughter, is a very long time.

Michelle Clarke

by Jack Russell - Social Justice and Ethics Fri Jul 04, 2008 17:14

Gardai Sochana are, as we ought to know, are the main Organ of the State, in relation to security and in relation to the protection of the person and the citizen of the State.

The Chief Commissioner of An Garda Siochana answers to the Minister for Justice, Dermot Ahern.

The Barr Tribunal and Mr. Justice Barr, regarding the shooting dead of John Carthy, a bipolar and anxiety afflicted young man, at Abbeylara. Media used the coverage of a siege, we know when he asked for cigarettes, he was deprived causing more anxiety. He was shot dead and I would say in an indiscriminate way by members of the ERU. Mr. Justice Ahern......what action to ensure that a similar situation will not arise has been taken by your Justice Department.

Another view and by an a man who was both family and a mentor in my life. In his book,. Further Legal Memoirs
- Leave to Appeal, James Comyn (1994).

'Helping the Police'
'It's surely high time that the practice should cease
Of saying that 'a person is known to the Police'

For it may after all may be literally true
Of a highly respectable person like you!!! Year 2008..........what do you think?

by Michelle Clarke - Social Justice Ethics Sun Jul 06, 2008 17:45

Mr. Russell

A report today in the Sunday Tribune said that Sophier Toscan Du Plantier suffered massive injuries in an unprovoked attack. The details of the post mortem (which have been seen by the Sunday Tribune) show that she put up a strong fight, wrestling with the man, who killed her and grabbing him, with fragments of his hair found beneath her finger nails.

Ms. Du Plantier suffered injuries severely to her head, neck, chest, arms and even her legs, during an assault with at least two different weapons. A cororner, has reported that it probably by a block and a smaller stone. However, Gardai familiar with case, which dates back to November 1996, remain skeptical that any further progress would be made even with a new examination of the body. I thought the word co-operative in this case would be more appropriate than 'Skeptical'. State pathologist, Dr. John Harbison, said some years ago, he found hairs of Ms. Du Plantier's killer on her body - he said 'I took scrapings from the finger nails of both hands and place them in plastic bags held by a Detective Garda. In doing this, almost one dozen hairs were found. Now these questions need some serious answers in relation to Ian Bailey being wrongly accused in this case. I am sure in the coming weeks and months, we will hear more evidence emanate from different sources, in Cork.

People out there know what happened and the French Justice system know exactly that.

In relation to Brian Rossiter, Mr. Russell, the Irish public are still waiting for the full report instigated by then Minister for Justice, Michael McDowell - sadly Mr. McDowell chose to select the old 1923 Metropolitan Police Act to be adhered to which means the full Report CANNOT BE GIVEN TO THE PUBLIC. Therefore the question will always remain what happened to 15 year old Brian Rossiter, illegally held in a Garda cell. Let us not forget the Wheelock boy in Store Street and John Carthy (bipolar) in Abbeylara. I am presently reading the book written by his sister, on his life.....it is well written. I will close by saying - John Carthy asked for a cigarette - maybe, on hindsight, I am sure by everybody involved, if he had got the cigarette he would be alive today......

Michelle Clarke

Quotation Bertrand Russell Philosopher, Mathematician.............
Man's Peril written 1954
'I appeal, as a human being to human beings...remember your humanity AND FORGET THE REST.

by Connor Sun Jul 06, 2008 18:43

"On learning the extremely good news recently that the Judge in Loughrea District Court cancelled the bench warrant for my arrest, and struck out the summons against me on June 26th 2008, I had started to make plans for returning to my home, and, once re-located, to continue on from there with my ongoing efforts to get "closure" on the nightmare experience I have been put through during the past 10 years or so -- through the use of Article 13 ('Right to an effective remedy') of the European Convention of Human Rights."

"However, the news you gave me yesterday regarding the mysterious removal of the http://www.finnachta.com/ sign has resulted in I deciding me completely cancel all those plans for now."

Full text of associated e-mail (copied to Prime Minister Brian Cowan TD and others) can be viewed at: http://www.humanrightsireland.com/GeraldFinnerty/6July2...l.htm .

by side line view - none Mon Jul 07, 2008 12:56

in relation to the young lad who died in custody in clonmel (rip). it is my understanding from the preliminary report into his death that gardai did not want to keep him in custody !? his father at the time wanted him left in custody over night... and admitted this !! some of the comments posted sujest that gardai detained him without consulting parens !? this in no way explains the outcome of tha faithfull night... but all it appears is not what it seems.......... on both sides !?!?

by Jack Russell - Social Justice and Ethics Mon Jul 07, 2008 20:41

Just a thought for you Mister...Brian Rossiter was a 15 year old minor. A think red-headed freckled faced boy with his whole life ahead of him. Yes, you are right in saying that his Father gave consent that he stay the night in a Garda Station but the senior Garda in chcarge of Clonmel Garda Station that night knew under the Irish Constitution that he could not contain a minor in the Garda station that night.

The father, in his innocence gave his son over. He gave his son over in the Guardianship on an Organ of the State. Now let us go through some specifics. Our State Pathologist, Dr. Cassidy and a top notch neurogusrgeon in medicine brought over by the Inquiry team, are in total opposition of medical facts. It now appears to be that the Scottish doctors findings are more accurate. His words.....'he died during the hours of his custodial period (Rossiter boy).

The sinister part of this case is a man called Hannigan or Halligan (I can't recall presently) had given a beating to young Rossiter boy, a few days earlier. Some days after young Rossiter died in Cork Regional Hospital, the Gardai produced the man Halligan or Hannigan in the District Court on a serious assault charge on young Rossiter but the problem was that the Gardai never informed the DPP and the charges had to be immediately withdrawn. I ask who instigated the charges in the first place. No there is my side...view....

Jack Russell

by Michelle Clarke - Social Justice and Ethics Tue Nov 18, 2008 00:32

Today, while going back through the old Village magazine. Brian Rossiter, I feel, was not due to die and something happened when he was take to the jail, that something amounted to a ABI and without care, it meant this freckled faced 14 year old boy died.

Surely there i someone responsible for the blows to the head that caught the death.

There have been many more of these cases and this can only inidicate that under interiorgation some interviews become edgy, short termed and take risks........It is sad for all. A hidden murder is a life time sentence.

There there is the Wheelock boy in the City.....it has become so bad for that film that they were forced out of their homesw.

This is something that can be improved on....you never know the Film 'Anger Management' could go along was to saying.'Oh so pretty, so very pretty and Carthy and the proceedsings of the Barr Tribunal. The Star is the life experienced Jack Nickholson and he gives a tailored hue........to addiction.

Is Brian Rossiter's case compete and it is representative of the facts. What is to be done for such families?

LET US BUILD UP A LANGUAGE OF RESPECT FOR THESE AWFUL BREACHES OR JUSTICES AND ALSO FOR THE EGOISTIC DRIVE THAT HAS LEFT US WITH HUNGRY CASH MERCHANTS THAT SUB-SELL DOW THE MARKETCHAIN AND INCLUDING VULNERABLE PEOPLE WHO PREY TO THE FAST LIFE, THE GYM CLUBS, THE BUYING OF STATUS CARS AND MONTHLY HOLIDAYS........THAT MONEY YOU KNOW IS NOT CLEAR. tAKE THE COURAGE AND REPORT IT TO THE GARDAI..

.
If you mix in those elitist circles and your told to arrive at a luxious restaurant early.....you know the story is cocaine.....you can sniff off the lid tope on the loo and get a real. Hit. It is my hope that you wake up from this with a sense of shame. The shame is the cocaine was bought from a dealer ultimately and down the hands of those in the chain and each every one of you take cognisence that you have bloods on your hands......hands of hardship they become and the memory of the deaths from illegal drugs will always be with you.

Michelle. Get real about intoxiation

Quotation
Stand Fast by Edward Abbey, Contemporary US writer

Be like a tree in pursuit of you cause:
Stand firm, grip hard, thrust
upward, bend the winds of heaven and learn tranquility. Stop the Supply of Guns.....Stop equiping the prisons with phones, and the conducting of gangland hits from within the prison.

We need dogs and not with prizes on their heads and the methodology to destroy the phone workings from inside.

by Michelle Clarke - Social Justice and Ethics Sat Nov 29, 2008 21:27

I found a printout of the recommendations of the Irish Council for Civil Liberties that reads:-

ICCL backs call for Garda 'Culture of Accountability - 13th September 2007.

Maurice Hayes led the group and proposed a new 'Culture of Accountability' in An Garda Siochana.

The Final Report from the Advisory Group on Garda Management and Leadership Development, recommends that 'delegation downwards through the organisation should be matched with accountability upwards, and that there should be performance measurement and appraisal at all levels..........

..............and that proper arrangements are made for training and staff development....... Yes, let there be greater consciousness of physical force, and learning about head injuries particular those arising from batons, blows to the head or just brute force.

These words of wisdom were uttered in 2007 - let us hope they have been heard and where possible activated.

It went on to state the need for a Human Rights Monitoring frameword.......let us hope these words are noted.

With regard to Brian Rossiter RIP age 14, and his death in custody in Clonmel, let Justice be done.

Michelle

Quotation. Ovid (43BC - 17 AD) Roman Poet Ovid
High Hope
'My hopes are not always realized, but I always hope.

by Chestnut Sun Oct 21, 2012 14:45

Tragedy of Brian's death in custody and the inquiry that followed.

Now is brother Shane is shot dead in a recent gangland type shooting.

Tragedy begets tragedy.

Is it possible to stop the chain?