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Selective Justice

category international | crime and justice | opinion/analysis author Monday April 16, 2007 20:35author by Kevin Walsh - Social Inclusion and understanding Report this post to the editors

Right to Silence: Long regarded as keystone to Irish legal system

Some years ago, we had a tragic murder at Grange Gorman hospital of two innocent women. It was one of the most horrific murders in the history of the State. Another horrific point about it is the investigation of the Garda Siochana.

Dean Lyon was a young drug addict. Depressive, suicidal and now in hindsight Dean had a walter mitty state of mind as a result of drugs. Yet Gardai had him incarcerated for 9 months in Mountjoy prison. Within a few weeks, they knew their mistake but a junior member within their ranks pushed the issue. Some time later, Dean Lyons, took his own life in London.

I ask tonight where was the medical protection for this young man, as no doubt his family do. Did the prison Governor have this man thoroughly assessed by a Psychiatrist or Psychologist? Was their a medical preport sent back to the Gardai via the Minister for Justice. This is the first half of my justice equation tonight.

Evening Herald Headlines before Christmas - young girl found dead in Kilkenny with severe head injuries - tragic and sad. Her Mother, Dr. Hutchinson, psychiatrist was found in distress in the bedroom, family home. An established family, her father Mr. Gibbs is an aviation expert in Ireland and lectures on the subject.

I have asked this question before - Dr. Hutchinson, is now in her 5th month in the private hospital - St. Patrick's (Psychiatric) in Dublin. I am making no moral judgment here - I am just going Due Process. If it was a mother from Ballyfermot, would she get similar treatment? I don't think so.

The media silence around this case is now deafening - even some Gardai in Kilkenny have admitted privately that all doors are locked in regard to this case.

Tonight I ask the Constitution who runs this country - the Government or the Irish Medical Council, the Bar Association and empowered private clubs!.......

Kevin T. Walsh

What has happened to the Criminal Justice Bill - is it lost !!!! Is it another puff of smoke!!!!
Do we really believe that Ireland ought to be considering the long established practice known as the 'Right to Silence'. I note the absence of Transparency, Accountability and Ethics too frequently in what form the Organs of the State.

author by Kevin T. Walsh - Social Justice and Ethicspublication date Thu Apr 19, 2007 15:50author address author phone Report this post to the editors

Kevin

I too find it most disturbing about the veiled situation surrounding the death of the young 16 year old Mensa Student who died before Christmas in suspicious circumstances......

I can well understand that interviews cannot take place presently with Dr. Hutchinson but what I can't grasp is the silence by our Justice Department and other groups and most particularly the media.

Yesterday, standing at a bus stop I met a charming young student with a keen interest in politics.

By chance, I mentioned this case, and the girl replied that she knew someone within the Ciara circle of young friends. She too said that young people feel uneasy about the lack of clarification.

Michelle

author by Goblinpublication date Thu Apr 19, 2007 15:53author address author phone Report this post to the editors

Kevin you addressed that post to yourself. Just thought I'd point that out and was in no way being malicious.

Regards

Goblin

author by Michelle Clarke - Social Justicepublication date Thu Apr 19, 2007 21:07author address author phone Report this post to the editors

and sometimes I forget and put in the wrong name. Michelle

author by Kevin T. Walsh - Social Inclusion and Justice publication date Sun May 13, 2007 18:08author address author phone Report this post to the editors

Last night I was awakened by my Jack Russell, he was lying on his back and laughing. I have been studying dog psychology for a number of years now, due mainly to the fact that I live in Dublin 4.

At the start, I could not believe it, people seemed to walk and talk to their dogs only, so I joined in. I talk to my Jack Russell while we walked the Canal, Herbert Park, Wellington Road .... I learn so much. I asked him last night at 3 a.m. what was the source of amusement with him and Jack barked laughingly saying

'Paisley gives Bertie an old Musket when the met at the Boyne during the week - as a memory of King Billy the Dutch Dwarf ' then Jack Russell say's to me how does Phil Flynn feel tonight - he having been arrested for his toy old musket gun. The Gardai tried to connect the old gun to the Northern Ireland Bank heist - as I said before, the same logic applies - it is like asking a Gorilla (not unlike McDowell) to appreciate the Mona Lisa.

The Jack Russell took a dose of the hysterics so we got a bottle of wine. He hands me a questionnaire written in Paw Print. Here I am with all my so called degrees yet muzzled by a Jack Russell. His question asked 'How could a Minister for Justice Law and Equality take files from his own Department and give them to the Irish Independent? - the Jack Russell then barked 'What about the Oath he swore - and What about the Official Secrets Act?). Jack Russell said if a Civil Servant took data out of his department and passed it on to another source, he would be dismissed immediately.

I thought, it was Minister McDowell who was responsible for the legislation that provided a 5 year sentence for any Garda member passing on information!!!!!!

But then my Jack, the biggest bluffer of all Jack Russell's in Dublin 4 quotes PJ Mara - the old fox as the Jack Russell calls him. He says after May, McDowell will be the leader of his own party - the Rabbit will do a deal with Bertie, Enda will have no contract to sign and McDowell again will fill in his familes application form to become again member of the true party Fine Gael.

Before I ago, I hope Alice in Wonderland gets the votes for Fine Gael, in Dublin 4. I caught a glimpse of the van a.m.......impressive.

Alice claims she will be the first female Taoiseach but Jack Russell says she means in the Wizard of Oz.

Jack Russell's website - The Animals' War, Imperial War Museum -
www.iwm.org.uk Open 26th May 2007 - 6th January 2008

Addendum
Fine Gael stood alongside the Rabbit as the Criminal Bill was passed last week. Only Sinn Fein and Joe Higgins (the last Socialist i.e apart from Bertie) made a stand. What scares me about Enda is the emphasis on being more heavy on crime - this bill is beyond the word dangerous when over 85% of current barristers and solicitors wrote letters opposing it - how is it that the Mad Mullah could be triumphant?

This government I hope have learnt from the Frank Shortt case and the McBrearty case revealing the corruption in Donegal but has Fine Gael learnt anything about their mistakes in the 1970's with the Heavy Gang especially in relation to the Sallins Train Robbery and the presidential pardon for Nickey Kelley and Oscar Brannagh who were falsely charged. These men were awarded costs.

Is it not ironic that Nickey Kelly is now going for a seat for Labour in Wicklow???? Well done Nickey, I hope you gain the success you deserve but I feel you are in the wrong party, you are more socialist by heart and probably eventually you will join Sinn Fein - I am sure you would be welcome with open arms. One close waltz with Mary-Lou and you would be smitten like Gerry Adams is. For the last five years Gerry your eyes goggle like a Panda - I would suggest Anthony Clare's book On Men - Masculinity in Crisis.

Sadly - this is about the only positive factor I can see of this country within the last 25 years. Call me a cynic I don't care, I would like to see Transparency, Accountability, Ethics and this morality must stem from members of Dail Eireann in order to permeate our society. Sadly we witness a Dail Eireann seeping in corruption. It is stuck with developers and property tycoons from all spheres - the Galway tent is the prime example of mafiosa at its best. Good night

K.T. Walsh

author by Michelle Clarke - Social Justice and Ethicspublication date Tue May 15, 2007 20:37author address author phone Report this post to the editors

Kevin, I note your comments about selective justice and I tend to agree. I am particularly aware of the lack of suggestions by any political parties to the crisis and the inadequate system of mental health foresight and provision in this country.

Today, Taoiseach Ahern has delivered with excellent measure a speech in the House of Lords - a rare privelege for a country leader. I commend him for his balanced address. (First Taoiseach in Irish history to appear before the House of Lords) and let us remember that Prime Minister Blair spoke 10 years ago spoke in both houses of the Dail.

However, I am concerned about the issue of Civil Liberties in Ireland. I would like to hear from the political parties their view in relation to crime - I would like to hear the research they intend to implement and start tackling life social problems. I am somewhat skeptical of the research produced in this country. It can often represent small sample groups, and the methodology can be too orchestrated by the people paying for the Research.

Mental Health, addictions, illegal drugs, imprisonment, parole - all of these have proto-type research (e.g. Rowntree Foundation UK). Is the need no so, that we take stock of the research we have; then piggy back on world research and promptly put in place the programmes that ensure basic civil rights apply in Ireland.

I would like to hear representatives from political parties just what position they choose to take to redress areas of prisons, mental health, suicide related matters, educational disadvantage, life-long learning programmes.

Reminders - Irish Civil Liberties
Deaths in custody - Wheelock man
Mr. O'Toole RTA 5.00 a.m, Gardai meant to have been driving car
16 year old Ciara Gibbs found dead with head injuries in the family home. Her mother has been questioned briefly by Gardai but as she is a patient at St. Patrick's private psychiatric hospital for a number of months now, the matter still remains unclear (from a legal point of view...)
The Block in Cork. Does this exist? What are the conditions? Do they fall short of Human Rights and if so Why the silence?
Recognition of Acquired Brain Injury: Too easy to hit a blow to the head with a baton, with a hand, implement or in an accident. RTA's provide the evidence of the severity of head injury is. Visit the NRH. Gardai who use Batons, ought to be first aware of brain injury, in line with the advances made in neurology in recent years and just how complex the brain is. Brain injury sustained is not a simplistic transaction as being alive and then dead is.......the blow reverbates on thousands of nerve endings including perception. Now that people with brain injury have a greater chance of living, listen to what they say and more importantly what they experience from their head.....(a little personal experience here - ABI)

The Criminal Justice Bill flew through while Dail Eireann slept. The awakening for the people of Ireland is due. Before I close tonight, I would like to ask Dr. Owens, from the Mental Health Commission, have they not learnt one one basic finding from the Manweller Case and how it impacts on the rights of people with mental health problems. In the Manweller case, it proved beyond justification the rights of man with a bipolar diagnosis (manic depressive), eroded by a cynical, obnoxious psychiatrist, Henry Burke who now faces charges.
Transparency, Accountability, Hierarchy, Responsibility - our prison system, in particular the case of Gary Douch in a 6 man cell, RIP.

I will close by saying that Minister McDowell never mentioned the rights of the vulnerable in the new Criminal Justice legislation and this makes me very uneasy. Today the Magill front page has a headline, it is better to stick with the devil you know than the devil you don't. If you have a rainbow Govt. the colours are vastly different - I don't see a major change of policies but I see the tone of Kenny sounding like Cosgrave and Cooney of the 1970's and hopefully we have not forgotten about the Heavy Gang, who would make McDowell of today look like a Muppet with his reserve muppets.

Quotations:
Schizophrenia RD Laing (1927-89) unorthodox Scottish Psychiatrist and the Author of the Politics of Experience
'The experience and behaviour that gets labelled schizophrenic is a special strategy that the person invents in order to live an unlivable situation'

Worth taking the time to think it through, the wisdom is therein.....

Superpower 1. Tacitus (56-115 ad) Roman Senator and Historian
'Pillagers of the world, (The Romans) have exhausted the land by their indiscriminate plunder and now they ransack the sea. A rich enemy excites their cupidity; a poor one, their lust for power....

They are the only people on earth to whose covetousness both riches and poverty are equally tempting. To robbery, butchery and rapine, they give the lying name of 'government';

They create a desolation and call it peace'

author by Jack Russell - Social Justice and Ethicspublication date Mon May 28, 2007 17:49author address author phone Report this post to the editors

It is worth watching the Tribunals involving our Taoiseach in waiting while the legal eagles fight out facts, accusations and seek evidence, and examine at a personal level the accusations challenged by the Prosecution.

Ireland today is on what is known as a Learning Curve and regarding Justice and Ethics, this ought to form the foundation of the next government going forward.

It is a real loss to Irish Politics - to see a man like Joe Higgins being voted out. It is beyond belief. He has vision, a view, and commitment in relation to social justice and basic human rights.

Jack Russell

Quotation - to Joe Higgins and his presence at the Peace Marches....

War
'When the rich wage war, it's the poor who die'

John Paul Sartre (1905-80) French Writer and Philosopher

author by Kevin T. Walsh - Social Justice and Ethicspublication date Sun Mar 09, 2008 16:21author address author phone Report this post to the editors

Paisley has gone - Robinson enters and this is the end of the Chuckle Brothers. Now Sinn Fein will have to work at Stormont not just chuckle away all day. Now that the King of Bigotry is gone the Prince of Darkness, Robinson enters. Adams may have bluffed the Republican movement but he will not bluff Robinson. That's one issue. Also is the Quinn murder which Adams must solve.

In the last few weeks the infrastructure in Sinn Fein is changing. Adams takes no blame in his RTE debate pre. election. He blames the local cumanns for the disaster of the 2007 General Election. Then again - Gerry was never one to look in the mirror. Members of Sinn Fein from the North have come down South to add motivation into the work of Sinn Fein, now trying to rebuild after the 2007 disaster.

What dope in Sinn Fein would put Adams on every poster between Cork Donegal and Dublin - it is rumoured his posters were on the walls of the ladies bathrooms in the Shelbourne Hotel. It is also rumoured that Bernard McNamara has hired the famous Gerry O'Carroll, the solver of no cases in his infamous career to investigate the posters.

Sinn Fein now lacks leadership and it is becoming more obvious as the months go by. Slab Murphy is in Green Street this year on tax charges - what I mean is, he is the only man in Irish constitutional law, to be charged in the Special Criminal Court, because of supplying no tax returns. It is rumoured that T. Bailey couldn't stop laughing and had to go to his GP, Dr. Clerk for medication. He even asked for a receipt I heard.

The atmosphere in Sinn Fein is becoming uneasy for Adams and Chuckle McGuinness has his own problems. You cannot control a party, you must lead it.

But you must lead it in a sense of positive direction and the questions they are not asking at the moment are quite simple.

1. Policing

2. Prison Reform

3. The Scandal of our Health System (if you are poor you die)

4. Bertie and the handouts

5. Celia Larkin - the shy little girl who has fooled the nation.

I ask tonight why a simple row (verbal) in the city of Dublin between two young men in their twenties - one a young Garda

Result: 9 Gardai in 3 squard cars raid a house in south inner city; lock a mother into her own kitchen; severely beat the young man who had a row with their colleague. Police State - I wonder.

I am embarrassed by reading Gerry O'Carroll's articles in the Evening herald. Here is a self appointed gobshite who never solved a case in his life, up from Kerry to Dublin. I ask Gerry why he was turned down to be involved in the investigation of the Veronica Guerin murder. He knows exactly why himself - Don't you Gerry? Paul Williams is a great fan of Gerry and of course vice versa. I respect decent hardworking journalists who work for a living without relying on the Walt Disney topics but that's life in Ireland now. The Traveller in Sligo is having a good laugh at Williams now - Euros 900,000 court award later. I ask Gerry O'Carroll one more question - Do you enjoy reading the Daily Irish Mail, I do and so does Jack Russell. Richard Waghorne may soon be asking you a question Gerry - Were you ever part of the Heavy Gang in the 1970's

Quotation
'If you are going to prayer in the House of Prayer in Achill - make sure you bring your cheque book or a bag of cash like Bertie. Money is never refused in the House of Achill as in Fianna Fail.

Kevin T. Walsh

Related Link: http://www.cab.ie
author by Barry - 32 CSMpublication date Sun Mar 09, 2008 17:19author address author phone Report this post to the editors

It got worse in Leinster House recently when Enda Kenny challeneged the provos on the need for their armed militia to exist , now an actual governemnt party militia . Fine Gael leader, Enda Kenny, said “we do not need a structure like the army council of the Provisional IRA.” . Caoimhghín Ó Caoláin Tds response was

"Will the Taoiseach, Deputy Kenny and others not consider for a moment that this is exactly what dissident republicanism want them to do? Will they ponder the possibility that the IRA, in whatever way it exists today, represents a bulwark against dissident advance in many areas on this island, not least of all in the Border counties in the North? "

Bertie Ahern responded with the view that the British administration and crown forces must be supported at all costs " anything that helps in this regard is welcome. I do not want to dictate to any organisation how it should move into the future other than that I want to see it moving into the future."

Labour TD, Eamon Gilmore, sought a clarification of what Caoimhghín Ó Caoláin had meant by “a bulwark against dissident advance”

Deputy Eamon Gilmore: I have a brief question for the Taoiseach since the Ceann Comhairle told us Opposition leaders cannot ask questions of each other. What does the Taoiseach understand Deputy Ó Caoláin to mean what he says the Provisional IRA is acting as a bulwark against dissident republicans? Does he know what that means and does he agree with that assessment?

The Taoiseach: I think I have already answered that and I have taken the same line. Perhaps Deputy Ó Caoláin meant to put it slightly differently.

Deputy Caoimhghín Ó Caoláin: I though the Taoiseach was the only one who had that problem.

The Taoiseach: Since I have to try to chair the Opposition-----

(Interruptions).

The Taoiseach: I think what Deputy Ó Caoláin meant to say was that in the peaceful role the IRA now plays, as supportive of the peace process, is to try to discourage those who might get involved in paramilitary activities from doing so.

Deputy Eamon Gilmore: “Discourage” is a lovely word.

The Taoiseach: I am sure Deputy Ó Caoláin meant discourage by peaceful, lawful and good community means.

Deputy Caoimhghín Ó Caoláin: What other interpretation would Deputy Gilmore put on it?

The Taoiseach: I would not put any on it.

So there you have it . A political party administrating British rule in the north needs to manintain a criminal militia in order to prevent a political point of view from being advanced accross both states . This can only be done by intimidating the working class communities both sides of the border from which republican seperatist viewpoints draw their strength and support . The same communities the special branch , heavy gangs etc operated with impunity . A point of view opposed to the crime of partitioninng our country , a point of view that calls for democracy at its maximum expression to be exercised and not subject to vetoes or MI5 threats and atrocities . This is openly welcomed by the current Taoiseach , who only has a problem with a sinn fein TD talking about it openly ..
This puts garda heavy gangs being used against republicans with a point of view the state dislikes into another perspective . The provos are no more than a state militia , to harass , beat abduct and murder opponents of the status quo .

Immediately following the degenerate murder of Paul Quinn in county Monaghan this Taoiseach sought to exonerate the provos from blame and called the young man a criminal involved in a fall out with other criminals . Many sections of the media followed suit . At a joint meeting in county Meath the next day the Garda Commissioner and British policeman Hugh Orde declared the provo militia no longer existed . British minister Conor Murphy repeated claims Paul Quinn was a criminal involved in a fall out with fellow criminals and the provos werent involved in his murder .
This is the regime we live under both sides of the border , with Tds openly calling calling for their militia to be allowed do the states dirty work without hindrance , Taoiseachs welcoming it and British ministers and policemen excusing the murder of their victims .

Justice my hole .

author by Michelle Clarke - Social Justice and Ethicspublication date Tue Mar 11, 2008 20:13author address author phone Report this post to the editors

Barry - how interesting an interpretation but alas surely you are a little rash in saying 'Justice my hole'

Given the orations of those in the Dail and in particular that of the Taoiseach, Mr. Bertie Ahern, the message surely is about refinements - How do we realistically define the Provos in terms of the Peace Process? Is there an Army Council waiting to ensure that the conditions of the Agreement are completed, to their satisfaction, lurking about in hidden Ireland, or did they stand down? How do we know? Conjecture abounds and each party leader is forced to tolerate the situation. Maybe, as suggested, it might be our Taoiseach who is scheduled for the first exit out. The Mahon Tribunal fights onwards as the awards attributed to An Taoiseach Ahern for his relentless denial during his investigation at the Mahon Tribunal - you see Barry - Bertie denies he ever had a piggy bank and he also denies that the Army Council exists. So Barry I see your point clearly.

We have change now. Goodbye to the affable Mr. Paisley and his son and Hello to Mr. Peter Robinson (a different persona altogether).
The Chuckle Brothers have shared the spoils, the fame, the media coverage and they painted a picture of Solidarity.

Now is reality time, I believe that this means a time of continuing to pass the ball......with the sole objective of retaining status and position, in the political arena. The issue of who will use the most bias is for the media to explore. I would say An Taoiseach will rely on his mercurial use of semantics to ensure he remains in power until the next election.

Beware of the Separation of Powers.....let us continue to observe the divides with the overview of the impact of checks and balances. A police state ought not be part of the Vision for the Island of Ireland.

'Justice delayed is Justice denied'. Having watched in horror the programme on Mr. Shortt and his family last night and the scandalous miscarriagof justice by members of An Gardai Siochana..and other affiliations, I am shocked that Superintentent Kevin Lennon and his cohort D-Garda Noel Mahon have not been charged by the State. One resigned on full pension (Mahon) and Lennon got sacked on full pension.

Michelle

Related Link: http://www.mentalhealtheledtions.ie
author by Michelle Clarke - Social Justice and Ethicspublication date Fri Mar 21, 2008 11:42author address author phone Report this post to the editors

Barry, I wonder what's your view on the Mahon findings with particular note to the predicament Mr. Ahern's former secretary has found herself in.......as always the link in chain who may understand that a process is not correct, but she has a position of secretary, a responsible position, an element of trust or so she thought.....and 10 years on, from investigations of a myriad of people and connections.....the buck stops at her door, yes the secretary, the action, transaction person, who can be told what to do, how, distribute the cash, into a variety of named accounts, at home, abroad or even off shore. The secretary is both stupid (in the minds of her betters and yet the risk taker they need..........but all I can say is how many secretaries from the 1980's andf 1990's before the full belt of the Celtic Tiger found themselves trapped in the mindset of recession and depression Ireland, and prospect of hope through actions coaxed by banks, supported by politicians, industrialists, the large companies like CRH, Bank of Ireland, Allied Irish Banks, McInerneys, and so many more. This is a hidden voice, it is the justification for corrupt practices for The Intelligentia who had to make the deal work......the deal started by Charles Haughey and his cohorts......Yes, he was the visionary, he started the Financial Services Centre......and brought back the initial diaspora and formed banking links worldwide. The tax concessions to invest in Ireland.....are core to the secret success but there some people always lose out, particularly the vulnerable.

Barry, I note I referred to the quotation 'Justice Delayed is Justice Denied' but based on the stark reality evidence we heard from the Mahon Tribunal, maybe I need a little reticence and rethinking.

I was one of those who emigrated, unwillingly in the 1980's - for two of us, it was not possible to eek out a career so we went to the UK and building and banking were looking for people. Ryanair, and Branson, became the heros of those of who commuted home in search of work.....it was meeting the market of cheap fares from our own who were unemployable in our country. Then came recession in London and no work yet again. Sisk Ireland provided work for my husband in Harare, Zimbabwe....and then the dream came true for the Irish.......the Celtic Cat was supping the milk of the nation and welcoming us home.

Corruption abounds. Transparency International provides interesting information about this whole topic.
World markets are in chasos........and it looks as if the rumour mill might have started in Ireland, out of Hedge Funds (high risk). The Bank of England is heading up a investigation. It has had to deal with the nationalisation of National Rock, again corruption.

What do we not want!!! I would say not corruption to the degree it has occurred? We need to look at a vision for the future and protect people from the scurge of those who do not value their fellow people......the selfish breed, who lack compassion, and seek competitive advantage for themselves, their familiesand trample on people's rights. There is a Measure.......the Woman, the Scales of Justice, The Sword, the scales presently way out of synch., add to this the Proclamation of 1916 and the Seven Deadly Sins - as suggested by Pope Benedict. It was suggested that Pride is in fact our Fame addiction.

In the UK they have a Politics psychologist.......perhaps we need someone like this to explain the morality of the Mahon Tribunal..........

Quotations
Chinese Proverb
Teachers open the door, you must ener by yourself'

Michelle Clarke

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

The word selective is appropriate at the moment.

We have selective justice- one rule for elite and one for the rest.

We have selective Memory the boys in Dail etc select what they remember carefully.

We have selective schools one lot for the elite and one lot for the rest.

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