| Brendan Kelly (Woodlawn) | Elected Dictatorships | Nelson Mandela |


From :  William Finnerty <wfinnerty@eircom.net>
Sent :  Sunday, October 17, 2004 9:05 PM
To :  "Kilconnell Anti-Dump Group Secretary (Annette Gilchrist)" <kilconnellantidumpsecretary@yahoo.co.uk>, "New Inn Anti-Dump Chairman (Vincent Costello)" <repsvc@indigo.ie>, "Woodlawn House Preservation Society" <WoodlawnHousePreservationSociety@groups.msn.com>, "Tara / Skreen Group" <taraskreen@yahoogroups.com>, "Siobhan Nevin's Yahoo Group" <siobhannevin2004@yahoogroups.com>, "New Inn AntiDump Internet Group" <NewInnAntiDump@groups.msn.com>, "Nature Ireland" <natureireland@yahoogroups.com>, "Kilconnell Anti-Dump Internet Group" <KilconnellAntiDump@groups.msn.com>, "Green Party Ireland (Yahoo Group)" <greenireland@yahoogroups.com>, "CelticParty(Yahoo)" <TheCelticParty@yahoogroups.com>, "Ann Marie Kelly Discussion Group" <annmariekelly@yahoogroups.com>, "An Taisce (Yahoo Discussion Group)" <atdiscussion@yahoogroups.com>, <GreenNWF@yahoogroups.com>
CC :  "Prime Minister Bertie Ahern" <taoiseach@taoiseach.irlgov.ie>, "Minister for Justice (Michael McDowell TD)" <Michael.McDowell@oireachtas.ie>, "President Mary McAleese" <webmaster@aras.irlgov.ie>, "Garda Commissioner Noel Conroy (Chief Commissioner of Police, Republic of Ireland)" <comstaff@iol.ie>, "Assistant Police Commissioner (Galway area)" <ekeating@iol.ie>, "Gearoid Geraghty (Lawyer, Fair Murtagh, Ballinasloe)" <gearoidgeraghty@fair-murtagh.ie>, "Martin Egan (Principal Lawyer, Fair Murtagh Law Firm)" <martinegan@fair-murtagh.ie>, "Law Society (Republic of Ireland)" <H.Mountaine@LawSociety.ie>, "An Taisce" <info@antaisce.org>, "An Bord Pleanala" <bord@pleanala.ie>, "VOICE of Irish Concern for the Environment" <avoice@iol.ie>, "Friends of the Irish Environment" <fie@eircom.net>, "The Democracy Commission (Ireland)" <democracycommission@tascnet.ie>, "Republic of Ireland Ombudsman (Ms Emily O'Reilly)" <ombudsman@ombudsman.irlgov.ie>, "Stavros Dimas (EU Commissioner for Environment & Social Affairs)" <empl-info@cec.eu.int>, "Margot Wallstrom (Vice President of EU Commission)" <Margot.Wallstrom@cec.eu.int>, "Jose Manuel Barroso (President of EU Commission)" <press-web@cec.eu.int>, "Kofi Annan (Secretary-General of the United Nations)" <public.participation@unece.org>
Subject :  Fw: "Long Walk to Freedom" - away from the "Elected Dictatorships" based in Dublin, London, Brussels (?), Washington, etc.

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----- Original Message -----
Sent: Sunday, October 17, 2004 2:28 PM
Subject: "Long Walk to Freedom" - away from the "Elected Dictatorships" based in Dublin, London, Brussels (?), Washington,  etc.
Dear Brendan,
As I mentioned to you this morning, I believe we should now all try to help Ciaran as best we can regarding the Legal Aid application for Ann Marie.  
This may be our last chance to try and stop the Kilconnell superdump by LAWFUL means?
For my part, I plan to read up a bit later today on the Legal Aid information at:
As I believe we both agree, what we are now involved is  NOT  by any means just about superdumps.  There is the much wider issue of the State of the Republic of Ireland heading further, and further, down the road of what I personally tend to think of as "elected dictatorship" (which is fraudulently and very skilfully being dressed up look like democracy, by the armies of Government spin-doctors and multi-national-big-business media tycoons such as Sir Anthony O'Reilly for example); or, of turning around and heading in the opposite direction: i.e. towards genuine democracy - based on the combination of Article 28A Principles (mostly for the use of our elected local government politicians), and the Aarhus Convention Agreement Principles (which are mostly for the use of the individual citizens of all our local communities, in this and all of the other 40 or so European States who have signed the Aarhus Convention Agreement).
As I also mentioned to you this morning, I think it is highly likely that the Legal Aid personnel concerned will do their utmost, all be it in VERY subtle ways perhaps, to prevent and/or delay Ann Marie making her application for Legal Aid: which, in effect, will (if successful) result in challenging the wrongful acts of the MANY "public servants" who are responsible for altering our Waste Management Laws in a manner which violates Bunreacht na hEireann (the written Constitution of the Republic of Ireland).  The group responsible includes President Mary McAleese of course (The Chief Offender as I see her), as well as scores of Oireachtas members (Republic of Ireland parliamentarians), whose numbers include ALL of the Government ministers I suspect.  Having this very disturbing and very serious case of ongoing maladministration debated in the High Court might not be that easy to arrange (as some of us already know), and I feel we should all keep this in mind at this very early stage of preparing Ann Marie's application for Legal Aid - if we are to avoid being easily fobbed-off, baffled-by-bullshit, etc., etc,.  These people have many ploys to divert us from what I now see as the "Primary Purpose" of our group at this time: which is to get this whole rotten mess regarding Articles 28 and 29 of our Republic of Ireland Constitution discussed and decided upon in the High Court.
The main ploy the Legal Aid people will use I suspect is to TRIVIALISE the whole matter.  Without wishing to be disrespectful to him in any way, that (I suspect) is what lawyer Danny Callanan may have already been doing for several weeks now possibly(?) - having due regard for the way he appears to have completely ignored Ann Marie's e-mail request to him for guidance dated August 31st 2004 (copied at: http://www.finnachta.com/Hotmail13Oct2004/RequestForAdvice.htm).  To me, he seems to be acting as though he was dealing with a parking fine - or some other relatively trivial offence of that kind.  One way or another that has to now stop in my view - if we are ever to succeed in getting our case heard in the High Court.  I hope Ann Marie will discuss this with him; and, if necessary, and as a last resort, replace him with another lawyer in the friendliest way possible if he is not prepared to start acting responsibly regarding this whole business: which impacts on every man, woman, an child in the country, and on children not yet born, or conceived even, when the deadly array of cancer-causing toxins connected with incinerators are taken into account.  I suspect he may try to play the "loyalty" card - loyalty to him, loyalty to his political party, and so on.  As far as I'm concerned, that's all crap at this stage - crap that badly needs to be very rapidly swept to one side: and without emotion, apology, or regret - now that Celtic Waste / Greenstar have actually moved onto the Kilconnell site.  
We are dealing with the most basic natural needs and rights of individual human beings: all the way down to the level of being allowed to use our own brains to make our own lawful choices, regarding our own local environments.  Loyalty to political parties is something entirely different, which for many (including myself) is certainly not a basic need - something which will actually make us seriously ill (and/or very anti-social, violent, and so on) if we are deprived of it for long enough.  And who can sensibly argue that out society is not growing more violent, more depressed, more suicidal, more inclined to turn to mind-altering drugs to escape from the pain of the sick impositions and demands of those groups of ignorant, half-mad tyrants and megalomaniacs who arrogantly demand the right to do all of our thinking for us regarding major local issues such as waste management, toll roads, heritage protection, contents of our forests, local health-care arrangements, etc., etc.?  I have heard it said many times that it was a small group of Government ministers who took it upon themselves to make all of the really major decisions regarding these matters (some years ago) in a matter of a few hours possibly - which they now want to force-feed and bully us all into accepting.  The National Development Plan (or something like that) they called it I think; and, if I remember rightly, it was largely funded by European Union money I believe?  There is very little doubt in my mind that it probably was the same group of people who also decided, in or around the same time possibly, to ensure that the Aarhus Convention Agreement was NEVER "laid before Dail Eireann": which is of course a straightforward, blatant, and completely unlawful violation on their behalf of Article 29 of Bunreacht na hEireann. (Incidentally, I would not be in the least bit surprised if we later hear some crooked and completely false argument that they did so "in the interests of the common good".)
Provided we genuinely do exhaust ALL legal avenues in our search for a lawful solution to the Kilconnell superdump situation, and provided we have good-quality evidence that we have actually done so, and that it is placed on Ann Marie's web site for all the world to see, I do believe we would then have a legitimate "final" option - which hopefully will NEVER become necessary - for adapting the approach South African lawyer Nelson Mandela was reluctantly forced to use, as described in his book "Long Walk to Freedom".  In so far as I can recall, and ONLY after all lawful means could clearly be seen to have failed them, he and his group of people (the ANC), decided that they simply had to start breaking the law in ways which did not cause injury to people.  His approach, which was restricted to damaging property I believe, worked very well for him (and his people) eventually; and I believe we would do well to keep this proven tactic in mind, for guidance in our own particular situation relating to the Kilconnell superdump. 
We are the blacks of the Republic of Ireland it seems, and Kilconnell and New Inn the "Soweto" of the Republic of Ireland.  We are beneath the law, while our political leaders are above it.  We are now struggling to collect EUROS 1800, in a very small, demoralised, dejected and bewildered community, to try and get legal advice regarding the possibility of initiating a legal challenge, which, assuming we ever get the chance to have it presented in the High Court, our very courageous political leaders will defend using the billions of taxpayers money which they have at their disposal. They don't even have to spend a cent of their own money regarding these matters: which contrasts very sharply with the Euros 700,000 or so this situation has personally cost me to date (when lost earnings are taken into account). 
There is also the diabolical and outrageous matter (in my case) of being forced to go "on-the-run" from the Republic of Ireland for a 7 month period to another jurisdiction: for the purpose of side-stepping an extremely determined attempt to saddle me with a criminal conviction for assault (by the authorities here) - because I tried to bring the Article 28A matter to the attention of the public during the run-up to the 2002 General Election (using the www.finnachta.com road sign).  As local lawyer Gearoid Geraghty will confirm, there is still an extant warrant for my arrest in existence relating to this matter, which the authorities here appear to be afraid to do anything about now: for fear of all their shocking and appalling behaviour coming out in a court of law.
After spending somewhere in the region of EURO 30,000 (I understand), it seems the local Kilconnell community has now been knocked out of the legal ring completely: because they have not been able to find the EURO 500,000 it would possibly cost to challenge the An Bord Pleanala decision they regard as unlawful (on several counts).  As we both know, An Bord Pleanala completely ignored ALL of the 5 points that I raised in writing (as shown at http://www.finnachta.com/BordPleanalaAppeal.htm),  together with all of the additional points the two of us raised during the three day hearing we both sat through (in vain) earlier this year in Oranmore.  I very clearly recall the An Bord Pleanala Chairman asking at one point what the Aarhus Convention Agreement was?  He had obviously never even heard of it until we mentioned it. 
Hopefully, I believe it might never be necessary for any of us to have to make the very extreme sacrifices Nelson Mandela (and his close associates) had to make to get social justice in his own country, for himself and his people.  We now have the Internet to make our case in public, while he and his people had nothing remotely approaching the power of the Internet to get passed the well organised and well ordered censorship barriers of the traditional media.  Justice for him and his people was delayed for many years by government censorship and propaganda, not to mention the fact that he came extremely close to being hanged for treason by the Government of the Republic of South African during the long drawn out struggle he had to go through to reach his particular goal.  In all, I think he spent 27 years, no less, in captivity.  Fortunately, our 2004 situation here in the Republic of Ireland does not seem nearly so severe as his.  Our sacrifices, to try and have our natural political needs and rights responsibly met by our so called "public servants", do not have to be anywhere nearly so great (I hope!!).
I believe the last thing we talked about this morning was the Constitution of Europe.  If that goes through in its present form (i.e. with no direct mention at all of the Aarhus Convention Agreement in the Environment Section), then it is my view that we can all - both the younger and the older members of our group - bid a sad farewell to any chance of ever living in a genuine democracy.  It is also my view that the MAIN reason our political leaders contrived (successfully) NOT to have a presidential election this month, is because our leading "public servants" desperately want a "Guardian of The Constitution" who will ease the passage of the Constitution of Europe (in its present form) into law, as quickly and as easily as possible: which, once accepted by a population that has been hoodwinked by the traditional media and the Government spin-doctors, will then override Bunreacht na hEireann (the Primary Law of the Republic of Ireland).  In so far as I can judge, the Aarhus Convention Agreement is rendered completely ineffective (by subtle means) for all individuals who might need to act quickly regarding environmental concerns: as a result of "small-print" statements included in parts of the present Constitution of Europe text.  Similarly, I suspect, with regard to our Constitution's Article 28A benefits (which are only theoretical at the present time of course).  I have not looked into that particular aspect of things.  In any case, once the Aarhus Convention Agreement is fully neutralised for individual citizens who need to act quickly regarding local environmental concerns, as it would be I believe by the present small-print contents (and omissions) of the Constitution of Europe text as it now stands, I don't think the situation regarding Article 28A really matters very much.
Best wishes,

  The MSN e-mail text ends at the last line above.  

  The text in the above e-mail comes from a "blind" copy sent by using the "Bcc:" facility.


National Development Plan


"The NDP is the largest and most ambitious investment plan ever drawn up for Ireland. It involves an investment of over EUR 52 billion of Public, Private and EU funds (in 1999 prices) over the period 2000-2006. The Plan involves significant investment in health services, social housing, education, roads, public transport, rural development, industry, water and waste services, childcare and local development."

The above quote was taken from http://www.ndp.ie on October 23rd 2004.



Bunreacht na hEireann:
(Constitution of the Republic of Ireland)

Draft Treaty establishing a Constitution for Europe:

Text of Draft Treaty:

Text of Environment Section of Draft Treaty:



Brendan Kelly



Legal Aid

Legal Aid Board (Republic of Ireland)

Legal Aid Applications



Ann Marie Kelly



Checking and correcting unconstitutional legislation (Republic of Ireland):

Legislation and the role of the President of the Republic of Ireland:

Irish Legislation (BAILII):

 Irish Legal Information Initiative (IRLII):


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