"Wrongful acts" of public servants, and the law ...
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 ...
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.
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:
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