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From:
William Finnerty
Cc:
Prime Minister Bertie Ahern ;
Margot Wallstrom (European Union Environment Commissioner) ;
Galway County Council Manager (Donal O'Donohue) ;
Marie Mannion (Galway Co. Council Heritage Manager) ;
Mr.
Enda Cannon (Senior Staff Officer, National Roads Authority, Galway
County Council) ;
Kilconnell Anti-Dump Group Secretary (Annette Gilchrist) ;
Self (Yahoo) ;
Self (Eircom) ;
Self (Hotmail) ;
New Inn AntiDump Internet Group ;
Kilconnell Anti-Dump Internet Group ;
CelticParty(Yahoo) ;
Woodlawn House Preservation Society ;
Mr Gearoid Geraghty (Lawyer, Fair Murtagh, Ballinasloe)
;
Commission of the European Communities (Attn. Secretary-General) ;
European
Union Court of Justice
Sent: Sunday, February 15, 2004 9:36 PM
Subject:
[Celtic Party] "Wrongful acts" of public servants, and the law ...
Dear Vincent,
As you may already know, the Supreme
Court (Republic of Ireland) decided in " Byrne v
Ireland (1972) " that the State is a juristic person which can
be sued for the "wrongful acts" of its public servants.
With due regard for the events of recent
months connected with plans to install two HUGE rubbish dumps
locally (i.e. in the neighbouring parishes of New Inn/Bullaun
& Kilconnell), and the planned new N6 Upgrade
Road scheduled to go right through the heart of the
Turoe/Knocknadala set of Celtic heritage
sites, I (for one) now feel that legal proceedings should be initiated
as soon as possible against the State on behalf of the people of New Inn
and Kilconnell: for the simple reason that legal action, and the
prospect of the so-called "public servants" in question having to
explain themselves publicly in a court of law, it is the ONLY
course left which might persuade those concerned to abandon their
"wrongful acts" (as I see them) against our local communities. There is
also the possibility (as I understand it), that the people concerned run
the risk of ending up with criminal convictions connected with very
serious offences such as "neglect of duty" and "dereliction
of duty".
To give you a few recent examples of the
kind of "wrongful acts" I have in mind, please note that I personally
handed a copy of historian Fr. Tom O'Connor's book
titled "Turoe & Athenry: Ancient Capitals of Celtic Ireland"
to Galway County Council Heritage Manager Ms Marie Mannion
at the Heritage Awards Ceremony in Clarinbridge on
September 11th 2003. Subsequent events suggest to me
that she must have COMPLETELY ignored the contents of this book: which I
believe constitutes a "wrongful act by a public servant".
I also informed Galway County Council
(National Roads Authority) Senior Staff Officer
Mr Enda Cannon about Fr. O'Connor's book, and the fact that
copies had been given to Ms Marie Mannion, Ms Fionnula Lynch
(Heritage Council of Ireland), and Mr Michael Gibbons
(Archaeologist). As in the case of Ms Mannion, subsequent
events suggest that Mr Cannon must have COMPLETELY ignored the existence
of Fr O'Connor's book as well, which I also believe constitutes a
"wrongful act by a public servant".
For further more detailed information on the
recent examples of the wrongful acts outlined in the two paragraphs
immediately above, please see:
For some older examples (relating to the
SAME Turoe heritage subject, and dated March
5th 2001), please see the Internet address immediately below.
In this case the "public servants" involved include Prime
Minister Ahern, the then Attorney General Mr Michael
McDowell (at present Minister for Justice), and
President Mary McAleese.
While it appears to me to be the case that
ANY individual citizen of the State could initiate a "Byrne v Ireland
(1972)" type of legal challenge, I feel it would be much better in our
case if it was done by one or more local groups as well (such as the
New Inn Anti-Superdump Group): not least because of the
fact that Galway County Council have already used (and as I see it
thoroughly ABUSED) the New Inn area a few times before: by virtue of the
fact that they removed - unlawfully I suspect - a mile long section
(roughly) of the priceless Esker Riada which passed
right through the centre of New Inn village, unlawfully (I believe)
destroyed a registered heritage site which was a child's burial
ground that sat right on top of the Esker Riada just opposite where
Bobby Cunniff now lives, later used part of the quarried-out section of
the Esker Riada as a County Galway rubbish dump for a period of some
18 years (1971 to 1989), and, then left behind them a
mile long string of eye-sores which, as you well know, are still
ALL there on public display to this day. To the very best of my
knowledge, the Esker Riada ("The Great Road" of
Ireland) is by far the most important of the natural ancient monuments
of Ireland - with an extremely important European human history which
dates back to somewhere in the region of 7,000 B.C., and includes
Clonmacnoise: which played the leading role (as far as
I know) in the re-launching of western civilisation in Europe during
the Dark Ages of the First Millennium A.D..
I have recently decided that regardless of
what the New Inn Anti-Dump Group (and/or the Kilconnell Anti-Dump Group)
decide to do regarding a "Byrne v Ireland (1972)" type challenge of the
kind mentioned above, I will now be attempting to make such a challenge
on my own behalf. Apart for all
the associated financial expenses I have suffered to date, I really am
sick and tired of being treated like dirt, and I believe that I deserve
better than that from our so called "public servants" - who are of
course all being very well paid from taxpayers money: while I have to
depend entirely on my personal savings, and take several years off
work (unpaid) to try and defend myself against their ongoing and
unrelenting abuse of the small rural local community I live in, and am a
part of.
Apart from the local heritage
considerations, and as I assume you already know, I had to go "on
the run" and leave the country in October 2002 for an 8 month
period - in order to try and avoid being saddled with a criminal
conviction for assault: because I shouted at a Galway County
Council officer (Mr Enda Hoey): on account of
he refusing to take a look at the raw sewage going from
the New Inn Primary School into the river - just
a hundred yards or so upstream from the pumping area for the New
Inn Community water supply. As you will also know I assume,
the same illegal sewage discharge is STILL there for
all to see (and to smell) today. Further information on this particular
aspect of the abuse (and associated public servant wrong-doings) I
have been subjected to can be found at:
http://homepage.eircom.net/~williamfinnerty/21Sept2002_.htm
Though I do not know what has become of it,
local lawyer Mr Gearoid Geraghty (Fair Murtagh,
Ballinasloe) informed me about a year ago that a warrant for my
arrest had been issued in connection with the matter in the
paragraph above. Perhaps I will soon find out?
I now intend to seek legal advise very soon
regarding a "Finnerty v Ireland" type legal challenge, and I expect the
first question I will be asked is "what are the local Anti-Dump Groups
doing?".
Provided you consider it appropriate, it
would be much appreciated in you could ask your Anti-Dump Group to give
some consideration to the matter in the paragraph immediately above - as
it might (I believe) have some bearing on the private challenge I now
plan to mount by myself. I am also copying this e-mail to Annette
Gilchrist (Kilconnell Anti-Dump Group Secretary) - partly because of the
disastrous heritage situation with Woodlawn House and
the nearby rubbish dump planned for Kilconnell, which I assume Heritage
Manager Ms Marie Mannion MUST (or should) know all
about - and does absolutely nothing?
Finally, I would like to take this
opportunity to express the hope that I am not going to be left - all on
my own (because of fear, or whatever) - to do the REALLY "dirty-work" of
the two parishes (New Inn/Bullaun & Kilconnell): after all the avoidable
personal suffering and expense I have already been put through at the
hands of our "public servants" during the past five years or so.
Anybody who looks through the contents of my two main web sites (listed
below), should, I believe, know what I mean.
Best wishes,
Billy.
PS: You may wish to know that for
future reference purposes, I have now placed a copy of e-mails
sent to the media and politicians regarding Fr Tom O'Connor's most
recent statement - which clearly states that the planned new
superdump for New Inn "is
located right on the E fringe of the inner ward of the
Turoe/Knocknadala Royal complex".
For the Galway/Connacht politicians, and members of the
media listed on these two e-mails (both dated February 13th 2004),
please see:
Yahoo! Groups Links
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