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From: "William Finnerty" <>
Subject: "The rightful independence of our nation"
To: "Chief Justice John L. Murray" <>, "Brian Lenihan TD (Minister for Justice, Equality and Law Reform" <>, "Paul Gallagher S.C. (Attorney General, Republic of Ireland)" <>, "Mr James Hamilton (Director of Public Prosecutions, Republic of Ireland)" <>, "The Chief State Solicitor (Republic of Ireland)" <>, "Guardian of Republic of Ireland Constitution (President Mary McAleese)" <>, "Peter Sutherland (Former Attorney General, Chairman of Goldman Sachs International Bank, Steering Committee Member of the Bilderberg Group, and European Chairman of the Trilateral Commission)" <>, "Garda Commissioner Noel Conroy (Chief Commissioner of Police, Republic of Ireland)" <>, "Chief Constable Sir Hugh Orde OBE" <>
CC: "Fianna Fail Party Leader, Prime Minister Bertie Ahern" <>, "Northern Ireland Social Security Agency (Reference Disability Case Reference 52-82267 for YH615974D)" <>, "Nikiforos Diamandouros (The European Ombudsman) Case ref: 1867/2006/IP )" <>, "The Registrar, European Court of Human Rights, Council of Europe, Strasbourg. (Re: ECHR Case Reference: 25077/05)" <>, "Prime Minister Gordon Brown MP" <>, "Kathy Sinnott MEP, European Parliament Committee on Petitions" <>, "Dr. Bob Bowman, Lt. Col., USAF, ret." <>, "Susan Sheehan-Repasky" <>, "Jose Manuel Barroso (Lawyer & President of European Union Commission)" <>, "Marcin Libicki MEP (Chairman of European Parliament Committee on Petitions)" <>, "Radu Podgorean MEP (European Parliament Committee on Petitions)" <>, "Proinsias De Rossa MEP" <>, "Mairead McGuinness MEP" <>, "Stavros Dimas (Lawyer, and European Union Commissioner for Environment)" <>, "John Gormley TD (Green Party Leader & Minister for Environment, Heritage and Local Government)" <>, "US Senator Barack Obama (Constitutional/Civil Rights Lawyer & US Presidential Hopeful)" <>, "UNESCO World Heritage Centre (WHC)" <>, "World Monuments Fund" <>, "Europa Nostra, Pan-European Federation for Cultural Heritage (Mrs Sneška Quaedvlieg MihailoviŠ)" <>, "Dr Gerard Hogan (Senior Constitutional Lawyer, Fellow, Trinity College, Dublin)" <>, "Greg Nolan (Lawyer at Patrick Hogan & Co., Ballinalsloe, County Galway, Republic of Ireland)" <>, "Gerard J Madden (Senior Social Worker, Omagh, County Tyrone, Northern Ireland)" <>, "Adrian O' Kane (Lawyer at Patrick Fahy & Co, Omagh.)" <>, "Progressive Democrats Party Leader, Health Minister Mary Harney" <>, "Gerald Finnerty & Marjorie Dolan (New Inn, County Galway)" <>, "European Commission Representation in Ireland" <>, "Michael Farrell (Lawyer, Irish Human Rights Commissioner)" <>, "Patrick Cullinane" <>, "Willie Corduff, Rossport 5" <>, "Sir Anthony O'Reilly, Newspaper Proprietor" <>, "Fine Gael Party Leader, Enda Kenny" <>, "Transparency International Ireland" <>, "Jack Straw MP" <>, "Nancy Levant" <>, "Dr Garrett Fitzgerald (Chancellor of the National University of Ireland)" <>, "Law Society of Ireland" <>, "Former US President Bill Clinton" <>, "Josep Borrell Fontelles (President of the European Parliament)" <>, "Sinn Fein Party Leader, Gerry Adams MP" <>, "Clare Short MP (House of Commons, London)" <>, "Liam Aylward MEP" <>, "Dr Mark Clinton (Heritage Protection Alliance of Ireland Co-ordinator)" <>, "Macquarie Bank (PPP Financiers)" <>, "David Cameron MP (Leader of UK Opposition Party)" <>, "Rev Ian Paisley, Democratic Unionist Party" <>, "Labour Party Leader, Pat Rabbitte" <>, "Marie Murray (Senior Psychologist & Irish Times Columnist)" <>, "Irish Examiner Newspaper" <>, "The Law Society of England and Wales" <>, "Majella Mc Carron (Shell to Sea)" <>, "Eamon Ryan TD (Minister for Communications, Energy and Natural Resources" <>, "Sir Menzies Campbell QC MP" <>, "Phillip Inman, The Guardian" <>, "Suzon Forscey-Moore" <>, "Sky News" <>, "Ken Livingstone, Mayor" <>, "Irish Times Editor, Ireland" <>, "Julitta Clancy" <>, "Charlie Bird (RTE Chief News Correspondent)" <>, "Executive Intelligence Review" <>, "Nelson Mandela" <>, "Former President Mary Robinson (Ethical Globalization Initiative)" <>, "RTE (Republic of Ireland's National TV Station)" <>,, "Ciara Macklin (Lawyer, Fair & Murtagh)" <>, "Margot.Wallstrom (Vice President of EU Commission)" <>, "Dafydd Morgan" <>, "Meirion Bowen" <>, "Ashley Mote (Independent MEP for South East England Region)" <>, "MauriceKirk" <>, "President of the Council of the European Union (LuÝs Filipe Marques Amado)" <>, "Irish Embassy - London" <>, "Patrick M. Wood" <>, "Jacques Barrot (Vice-president of the European Commission with responsibility for Transport" <>, "Dr Paul Craig Roberts" <>, "Commissioner for Human Rights of the Council of Europe (Thomas Hammarberg)" <>, "Gearoid Geraghty (Lawyer, Fair & Murtagh, Ballinasloe)" <>, "Jim Allister MEP" <>,, "Liam Cashman (Environmental Directorate, The European Commission)" <>, "Minister Trevor Sargent TD (Green Party)" <>, "Venice Commission (Council of Europe)" <>,, "PatrickReynolds (Irish in Britain Representation Group)" <>, "Dr John Wilson" <>, "The Irish Council for Civil Liberties (ICCL)" <>, "Amnesty International UK" <>, "Irish Heritage Club (United States)" <>, "President George W. Bush" <>, "Ban Ki-moon (Secretary-General of the United Nations)" <>
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"Gratefully remembering their heroic and unremitting struggle (1169 - 1921 AD) to regain the rightful independence of our Nation,
And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,
Do hereby adopt, enact, and give to ourselves this Constitution."
    The above text is from the Preamble of "Bunreacht na hEireann" (The Constitution of the Republic of Ireland).    

Try Number Two
by W. Finnerty. Thu Aug 30, 2007 18:21
It seems to me there was a desperate need (in terms of the "common good" mentioned in the Preamble of our Constitution) for a new challenge in the Republic of Ireland's courts regarding the Hill of Tara / PPP M3 Toll Road issue; and, like a great many other people I suspect, I'm really pleased to see it's now actually happening. Many thanks to all involved.
Not knowing anything of this new challenge at the time, I sent a letter through the registered post to our Chief Justice John L. Murray last Tuesday. Among other things, it outlines a number of very strange aspects of this particular PPP (Public Private Partnership) toll road project: among them the fact that our National Monuments (Amendment) Act 2004, which is being used to drive the project forward, is in all probability UNCONSTITUTIONAL (and consequently unlawful).

In support of this view, and as some readers will already know, the following statement emerged from one of Mr Murray's judicial colleagues around the time of the EUROS 600,000 High Court challenge in 2006: "Justice Laffoy (High Court Judge) had stated in her High Court opinion that there was in fact a 'constitutional imperative' to protect these assets (in the Hill of Tara area)". 
In spite of the huge expenditure involved in the 2006 challenge, of both time and money, it appears that no useful progress at all was made regarding the crucially important matter of determining whether or not our National Monuments (Amendment) Act 2004 is in fact constitutional. I sincerely hope this second try will not leave any such doubts remaining.
Breaking European Union law is bad enough, but violating Bunreacht na hEireann (Constitution of the Republic of Ireland) is much, much worse in my view. Not only does unconstitutional legislation undermine our Constitution, but it also of course undermines the sovereignty of the Republic of Ireland as an independent nation state: the ONLY fully independent Celtic nation state in the world as far as I know.
For anybody interested, a scanned copy of the registered letter I sent to Chief Justice Murray last Tuesday (i.e. August 28th 2007), together with a copy of the associated Post Office receipt, can be viewed at .
Page 1 (of the four-page letter to Chief Justice Murray at the above address) is largely taken up with the truly amazing and growing array of unresolved legal problems I have been saddled with as a direct result of attempting to challenge the constitutionality of our "Waste Management (Amendment) Act 2001" (which I believe is almost certainly unconstitutional as well), during the run-up to the General Election in May 2002. The several "extremely serious" Hill of Tara issues (as I see them) appear on pages 3 and 4.
According to the Post Office's Internet "Track & Trace" Service, the above mentioned letter to Chief Justice Murray was successfully delivered yesterday morning (i.e. August 29th 2007).  
Related Link: .
The above text has been copied from the following Indymedia (Ireland) location: .
A BACKUP copy of the above Indymedia (Ireland) article has been placed at: .
For future reference purposes a copy of this e-mail will later today be placed at the following Internet location: .


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