BACKUP  COPY


September 21st 2002 e-mail to
Mr. James Hamilton (Director of Public Prosecutions)

 
 

Cc:
Prime Minister Bertie Ahern ; Mr. Patrick Burke (Appropriate District Court Clerk) ; Chief Justice of The Republic of Ireland (Mr. Ronan Keane) ; Police Commissioner Pat Byrne (Chief Officer, Garda Siochana) ; Police Inspector John O'Riordan (Western Region) ; Minister for Justice (Mr. Michael McDowell) ; Attorney General (Mr Rory Brady S.C.) ; Health Minister Micheal Martin ; Environment and Local Government Minister (Mr Martin Cullen) ; Heritage Minister (Mr John O'Donohue) ; Galway County Council Director of Environmental Services (Tom Kavanagh) ; Galway County Council Law Agent (Tom O'Donohue) ; Republic of Ireland Ombudsman ; President Mary McAleese ; Sean O'Neachtain (Member of European Parliament) ; Dana Rosemary Scallon (Member of European Parliament) ; Joe McCartin (Member of European Parliament) ; Finnachta (Eircom a/c) ; Billy Finnerty (MSN Hotmail) ; William P. Finnerty (Eircom a/c) ; Liam O'Finnachta (finnachta.com)

Sent:
Saturday, September 21, 2002 11:47 AM

Subject:
Loughrea District Court hearing scheduled for Wednesday October 9th 2002.
 

European Union reference: Petition 809/2001. 
Re: Request to DEFER the date of the court hearing at present scheduled for October 9th 2002 at Loughrea District Court.

 
Dear Mr Hamilton,
 
SECTION A:
To date I have not heard anything from Mr. Gemelli (EU Committee on Petitions) or any of his EU colleagues regarding the matters I raised in Sections A and C of my e-mail letter to him dated September 7th 2002. Consequently, I feel I must ask you to defer the Court hearing at present scheduled to be heard on October 9th 2002 in Loughrea District Court until some later date.  (I sent a printed copy of the e-mail letter referred to in this paragraph to you through the registered post on September 7th; and, unless I am advised otherwise in writing I will assume that it has been received by you, and read by you. A scanned copy of the Post Office receipt - together with the text of the e-mail - can be seen at the following www page address:
http://www.finnachta.com/11Sept2002_.htm )
 
Please note also that I have not yet received any of the information I requested in my e-mail to Police Commissioner Pat Byrne dated August 3rd 2002 regarding the signs in Galway Retail Park.  I believe this information (which I listed under the headings "1)" to "4)" ) is relevant to my case, and that I cannot defend myself properly without it.  A copy of the text of my e-mail to Police Commissioner Byrne can be seen at the following www page address:
http://homepage.eircom.net/~williamfinnerty/clamping_email.htm#1)
 
In addition, I have not yet received the sign information I requested from Mr Tony Murphy (Galway County Council Secretary) in the second paragraph from the end of the e-mail I sent to him on August 13th 2002.  Again, I feel I cannot defend myself properly without this information.  A copy of the text of my e-mail dated August 13th 2002 to Mr Murphy can be seen at the following www page address:
http://homepage.eircom.net/~williamfinnerty/planning_application_.htm#As
 
Please note that printed copies of the two e-mails referred to above (to Commissioner Byrne and Mr. Murphy) were sent through the registered post on the same days as the e-mails were sent to them, and that scanned copies of the Post Office receipts for the registered letters in question can be seen at the two corresponding www page addresses provided above.
 
_____________________________
 
SECTION B:
I have now received copies of three statements from the police relating to the charge being made against me.  These three statements have been made by my brother (Mr Gerald Finnerty), Mr Enda Hoey (Galway County Council), and Police Officer (Garda Adrian McWalter). With reference to these statements, I wish to make the following points:
 
1) In his statement, Mr Hoey does NOT relate the identity of the person/s who complained to him about the sign I erected in the run-up to the General Election in April of this year.  I feel I cannot defend myself properly without knowing the identity of the person/s who allegedly complained to Mr Hoey about this sign: which was put up at a very critical time in an effort to get around what I viewed (and still view) as corrupt media election censorship - of a type which appeared to be supportive (in effect) of State corruption. Further information relating to this point can be seen at the following www page location:
http://www.finnachta.com/Election/May_2002_General_Election.htm#In
 
2) None of the three statements contain ANY reference to suggest that a physical assault of any kind took place - which is correct, because NOTHING of that sort happened.
 
3) I have no recollection of telling Mr Hoey that I was going to punch him.  If I did shout anything of that kind at him, and keeping in mind that I was extremely angry with him at the time because of his TOTAL refusal - as a representative of Galway County Council - to look at the illegal sewage arrangements at the nearby Primary School (while he was in the area), I believe it is much more likely I would have said that I would "like" to punch him: which (as I see it) is very different from planning to actually do it. (Rightly or not, I imagine that it is not in breach of any law to have strong feelings regarding illegal sewage discharges: which, in addition to the offensive odour they often produce, also constitute a serious and permanent ongoing health threat which is lurking there ALL of the time?)
 
4) It is true that my brother moved into my path and obstructed me as I walked at a normal pace towards Mr. Hoey following his refusal to look at the illegal sewage arrangements at the Primary School.  However, and regardless of what it may have looked like, I was trying to get close to Mr. Hoey for the purpose of shouting at him at loudly as I possibly could, and doing so from the closest possible range (without making ANY physical contact with him): so that I could indicate to him in the strongest possible terms (within the law) that I was dismayed by the way Galway County Council were dealing with the several illegal sewage discharges entering the river in New Inn village.  I thought that doing so MIGHT help him (and his colleagues at Galway County Council) to hear what I have been trying to say to them for some years now regarding this particular matter. Throughout this lengthy period, Galway County Council have been acting throughout as though they are stone-deaf regarding these unlawful discharges, and they ought not be too surprised (in my view) if they end up getting shouted at by someone: in a very late bid to be LISTENED to (regarding a valid complaint which had already been reiterated many times to them in writing).
 
_____________________________
 
I have now placed a scanned copy of the SECOND summons (received by me on September 6th 2002) at the following www page location:
 
With reference to the new charge of assault being made against me under Section 2 of the "NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997", I wish to state the following:
 
1) Up to the time of reading about this Act (a few days ago), I did not know that it was possible to be charged with the offence of "assault" in circumstances where there was no physical contact.
 
2) As you will know, however, it is stated under Item (3) of Section 2 that: "No such offence is committed if the force of impact, not being intended or likely to cause injury, is in the circumstances such as is generally acceptable in the ordinary conduct of daily life and the defendant does not know or believe that it is in fact unacceptable to the other person." 
 
Please note that regarding the incident in question, there was NO physical contact at all; and, that the swiftness and completeness of Mr Hoey's refusal to look at the very obvious illegal sewage arrangement at the Primary School right beside us gave me the impression that this response of his was carefully planned in advance: which I found EXTREMELY provocative.  As far as I know, all of the higher animals - including human beings - have a natural self-protective tendency to turn fearsome when provoked.  Consequently, I believe my angry response to Mr Hoey's wholly irresponsible refusal to look at the illegal sewage was in keeping with what "is generally acceptable in the ordinary conduct of daily life".  It is my experience that people do sometimes get extremely angry when suddenly confronted with blatantly irresponsible behaviour: particularly when it is compounded with what appears to be well prepared smart-aleck excuses such as: "It's not my job."  
 
3) As you will also know, under Section 18 - (1) of the Act it is stated: "The use of force by a person for any of the following purposes, if only such as is reasonable in the circumstances as he or she believes them to be, does not constitute an offence - (a) to protect himself or herself or a member of that family of that person or another from injury, assault or detention caused by a criminal act; ...
 
Please note that, among other things, I was trying (by shouting abuse at Mr Hoey) to protect myself against things such as the E. coli 0157:H7 bacteria, and the Cryptosporidium pathogen (referred to in earlier correspondence): both of which are associated with untreated sewage, and both of which can cause FATAL (repeat FATAL) illnesses.  In addition, I believe that the sewage arrangements Galway County Council engineered in New Inn village during April 2001 (under the supervision of Mr Noel Casey) constitute a criminal act which those concerned were fully aware of at the time (and since): such is the incredible arrogance of the people in question.
 
4) Item 18 (3) (b) of the Act also states there is no offence where: "he or she acted under duress, whether by threats or of circumstances; ..."  Please note that I feel I have been under EXTREME duress for a continuous period of several years now - in the sense that I feel I am being FORCED to accept the avoidable problems and difficulties associated with poor administration which I have outlined in my e-mail to Mr. Gemelli (EU Committee on Petitions) dated September 7th 2002.   (Full text at: http://www.finnachta.com/11Sept2002_.htm )
 
Also, please note that I feel particularly threatened by State corruption: and the human misery and violence (of all kinds) that are normally an inseparable part of it.
 
5) The above information relating to the "NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997" has been taken from the following www page address (and one or more other closely associated pages):
http://www.bailii.org/ie/legis/num_act/noatpa1997336/

 
_____________________________
 
SECTION D:
1) All things considered, and for the reasons provided above, I do not believe I have any real case to answer in connection with the charge of "assault" now being brought against me. 
 
I further believe that there was never any good reason for issuing summonses requiring me to appear in Court regarding any of my activities. These summonses are (as far as I am concerned) just a cheap and mean attempt by people who should know better to distract from the State corruption issues I have raised.  Matters are not helped by the fact that, in spite of the information I have sent in recent weeks (by registered post and by e-mail) to senior politicians, senior policemen, and senior State lawyers, this unjustified attack on me is being sustained. Healthier people would (in my view) be openly and honestly facing the difficulties I am pointing out, and DEALING with them: instead of trying to hide and escape from them - at my expense, and through the ABUSE of the legal system.
 
2) I believe it is people other than myself who should now be preparing themselves to appear in court: such as, for example, those responsible for the ongoing illegal sewage discharges into the river (and the associated air pollution) in New Inn village.  Taking me to court, instead of them, is (as I see it) totally perverse: and totally corrupt.
_____________________________
 
Allowing for the fact that the "Section 2" offence I am being charged with holds out the prospect (for me) of SIX MONTHS IMPRISONMENT, I feel I should now make it clear to all concerned that I have no intention whatsoever of appearing in Court (not voluntarily at least) until I have FIRST received a satisfactory written reply from Mr Gemelli (or one of his colleagues in the EU) to the letter I sent to him through the registered post on September 7th 2002.  (Full text at: http://www.finnachta.com/11Sept2002_.htm )
 
Neither do I have any intention whatsoever of voluntarily appearing in court without the services of a suitably experienced lawyer who has what it takes to openly support me (in court) in connection with the State corruption I am attempting to protect myself against.  As things stand, I now feel entirely dependant for the provision of such a lawyer on the European Union. 
 
My considerable efforts at finding a suitable lawyer have failed, and the worst aspect of this failure (as far as I am concerned) is that I have STILL not received ANY reply from Mr Kenneth Murphy (Director General of The Law Society of Ireland) to either of the two letters I have sent to him through the registered post many months ago. The first of these two letters was sent to him on June 23rd 2000, and it contained a valid and respectful request for help with finding a suitable lawyer: which he appears to have COMPLETELY ignored. 
 
Mr Murphy's response to my two letters to him seems to me to be outrageously lacking (in terms of integrity): in addition to being very arrogant, and extremely bad-mannered.
 
Unless I receive a satisfactory written reply from Mr Murphy to my letters to him, I do not intend to spend any more of my time and money looking for lawyers who are members of The Law Society of Ireland to represent me .
 
 
_____________________________
 
SECTION F:
Later today I intend to send you a printed (and signed) copy of this e-mail through the registered post.  Also, and partly for the purpose of providing a translation service into other European languages, I plan to place the text of this e-mail onto the Internet at the following www address sometime during this present weekend:
 
I also intend to place a backup copy of the text of this e-mail at www page address:
http://homepage.eircom.net/~williamfinnerty/21Sept2002_.htm
 
Finally, and with the court hearing date of October 9th 2002 in mind, I would like to make it clear that I am hoping to receive a written acknowledgement of receipt from your office for this letter of today within the coming seven days.  I am also hoping that you will be informing me that the "Section 2" charge of "assault" against me is being dropped: or, if that is not possible, that the hearing has been deferred until some date AFTER I have received a written reply from Mr Gemelli (or one of his colleagues in the European Union) to my letter to him of September 7th 2002. I feel I would need at least one month to prepare my defence from the time I receive the letter I am at present waiting to receive from Mr Gemelli.
 
Sincerely,
 
 
 
 
Mr William Finnerty.
 
Postal Address: "St Albans", New Inn, Ballinasloe, County Galway, Republic of Ireland.
WEB SITE 2:   www.finnachta.com

 

 
Signed printed copies of the above e-mail were sent through the registered post on September 21st 2002 to the five addresses shown on the Post Office receipts above.
Post Office
Internet tracking service for registered letters

LETTER TO:

ITEM NUMBER:

   Mr. James Hamilton (DPP)   rr286107982ie
   Mr. Nino Gemelli   rr406292753ie
   Prime Minister Ahern   rr286107925ie
   Directorate General of
   Legal Affairs (Council of
   Europe).
  rr406292767ie

   Police Commissioner  Byrne

  rr286107951ie
         

Post Office
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