Email to Western Health & Social Services
Board (Northern Ireland) dated February 7th 2005
WITH >>> Tracking Information <<< Without
" Tripartite Separation of Powers " problem
Dear Ms Henderson,
Basically, the two main components of the massive legal
(and social) problem I refer to above can be identified as
Article 40.1 of the Republic of Ireland Constitution very clearly states: "All citizens shall, as human persons, be held equal before the law".
Feeling deeply angry, dismayed, and distressed, I fled the Republic of Ireland on December 7th last in search of medical help in a different jurisdiction - where the Republic of Ireland police would have no powers to arrest me. I was in danger of imminent arrest by the Republic of Ireland police, and imprisonment possibly, in connection with a "crime" which has been invented. This was the second time since October 2002 that I have been forced to flee my home in the Republic of Ireland in connection with this same make-believe "crime", in order for me to avoid the risk of being corruptly criminalised.
At present, and entirely against my wishes, please note that I am (in effect) being forced to stay away from my own home, and from the Republic of Ireland. Consequently, a huge and growing source of concern, resentment, and anxiety for me just now is that I frequently find myself wondering how long the legal profession is going to allow my present situation to go on for? It appears to me they are at present contriving to deliberately leave everything up-in-the-air as far as my legal issues are concerned - so that I am left stranded indefinitely in a jurisdiction that is different to the one my home is located in.
Under the tripartite separation of powers principle embedded in the written Constitution of the Republic of Ireland, all members of the legal profession there have a very definite obligation to prevent the other two main organs of government (executive and legislative) from abusing their powers and/or neglecting their duty. At the present time, the legal profession in the Republic of Ireland is failing miserably, and dangerously, in this regard. In so doing they are allowing the tyrannous and arrogant bullying of the kind that I, and many other law-abiding citizens like me are being subjected to, to thrive. Tyranny is of course precisely the social-ill the tripartite separation of powers principle was designed to prevent.
As I stated in response to a question from Dr Kelly at the meeting with consultant psychiatrist Dr Foster on December 9th 2004, I have been struggling with the legal problems referred to above since 1998; and, I am growing more and more desperate for help to bring my involvement in this long drawn out conflict to a just end. Please note that I have already approached dozens of lawyers in the Republic of Ireland, and in the UK, for help with the problem of law breaking by public servants in the Republic of Ireland. I now believe it would be futile, and indeed counter-productive in terms of my mental health, for me to carry on with this search any longer by myself. As I tried to point out (several times and without success) to the Social Services officer (Ms Christine Freeburn) based in Omagh Hospital just before I got thrown out, I now need EXTRA help please with regard to the crucially important matter of I finding a lawyer who will act on my behalf, and in my best interests. This matter is now growing very urgent for me, please note - as is my need to be able to return safely to my home in the Republic of Ireland as soon as possible, and without fear of wrongful arrest or imprisonment.
PARAGRAPH 4 of the text of my e-mail to
Please also note that I have asked Mr
Geraghty to start legal proceedings on my behalf for the purpose of suing
the State in connection with the wrongful acts of public servants that I am
being subjected to, and/or a victim of. The request I refer to can be
seen in PARAGRAPH
1 of the
letter I sent to him by registered post on December 21st 2004. According
to the Royal Mail Internet tracking service this
letter was successfully delivered several weeks ago to the
Fair-Murtagh office in Ballinasloe, County Galway. The full text of my December
21st 2004 letter to Mr Geraghty can be seen at:
Very regrettably from my viewpoint, and despite a number of reminders, I have not received any reply to my letter of December 21st 2004 from Mr Geraghty (or from any of his several lawyer colleagues) at Fair-Murtagh. Neither have I received any reply to my e-mail dated November 29th 2004 to Mr Geraghty even though a printed and signed copy of it was also sent through the registered post (on November 30th 2004): which the Post Office tracking system indicates was successfully delivered months ago. This total failure by Fair-Murtagh to reply to my letters leaves me feeling that I am being treated by the legal profession in the Republic of Ireland as though I am BENEATH the law - in spite of the fact that I am a full citizen of the Republic of Ireland, and in spite of Article 40.1 of its written Constitution (which is sometimes referred to as "Bunreacht na hEireann").
Should you require any further information from me in connection with my request for an Independent Review of my case, please let me know.
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Separation of Powers Doctrine:
|A printed and signed copy of the e-mail in the section above was sent to Ms Rosemary Henderson at the Northern Ireland Western Health & Social Services Board through the recorded delivery postal service on February 7th 2005 . Please see copy of Post Office Recorded Delivery receipt for the letter in question immediately below:|
The Århus Convention
The Århus Convention establishes a number of rights of the public (citizens and their associations) with regard to the environment. Public authorities (at national, regional or local level) are to contribute to allowing these rights to become effective. The Convention provides for:
Above text taken from: http://europa.eu.int/comm/environment/aarhus/
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
Bunreacht na hEireann:
Draft Treaty establishing a Constitution for
Text of EU Constitution Draft
Text of Environment Section of EU Constitution
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
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