Director of Public Prosecutions


Prime Minister Bertie Ahern ; Police Commissioner Pat Byrne (Chief Officer, Garda Siochana) ; Republic of Ireland Minister for Justice (Mr Michael McDowell) ; Attorney General (Mr Rory Brady S.C.) ; Republic of Ireland Ombudsman ; Mr Helmut Betz (Directorate-general for the European Parliament Presidency) ; Margot Wallstrom (European Union Environment Commissioner) ; European Parliament Ombudsman ; Secretarial Assistant (Mrs Marie-Rose) ; Executive Secretary of GRECO (Mr Manuel Lezertua) ; Council of Europe Directorate General of Legal Affairs ; Secretariat of Mr Gemelli (EU Committee on Petitions) ; Tony Murphy (Galway County Council Secretary) ; Galway County Council Manager (Donal O'Donohue) ; Galway County Council Director of Environmental Services (Tom Kavanagh) ; Galway County Council Law Agent (Tom O'Donohue) ; Dana Rosemary Scallon (Member of European Parliament) ; Sean O'Neachtain (Member of European Parliament) ; Joe McCartin (Member of European Parliament) ; Chief Justice of The Republic of Ireland (Mr. Ronan Keane) ; President Mary McAleese ; Joseph Rowntree Foundation ; Finnachta (Eircom a/c) ; Billy Finnerty (MSN Hotmail) ; Liam O'Finnachta ( ; William Finnerty (Eircom a/c) ; William Finnerty (Yahoo)
Sent: Saturday, August 17, 2002 12:08 PM

False charge of threatened assault (European Parliament reference Number: Petition 809/2001)

European Union reference: Petition 809/2001 (relating to a FALSE charge of threatened assault).

Dear Mr Hamilton,
(1) On July 23rd 2002 the local Policeman (Garda Thomas Kenny) delivered a summons (by hand) requiring me to appear at Loughrea District Court on September 11th 2002
I pointed out to Garda Kenny when he delivered the summons that the allegation of threatened assault was falseHe seemed sympathetic, especially regarding the fact that he had been asked to deliver a similar summons to my brother, who he told me he has known for 20 years or so, and who is due to appear as a witness in connection with this false allegation.  I stressed to Garda Kenny that I did not even THINK of assaulting the person in question (Mr. Enda Hoey, from Galway County Council), let alone threaten to assault him.  It is true that I very suddenly got very angry with Mr Hoey after he totally refused to view one of the illegal sewage discharges going into the river about 100 yards or so from where we were both standing at the time, and that I shouted at him twice in rapid succession - immediately following his highly provocative refusal to take a look at the illegal sewage discharge - to get off our property: which he was standing on at the time.
When Garda Kenny left after his visit on July 23rd 2002, I had hoped that he would discuss what I had pointed out to him regarding the false charge of threatened assault with his immediate superior who I understand is Superintendent Martin Lally (at Loughrea Police Station).
(2) One week later (on July 30th 2002), and having heard nothing from Garda Kenny in the meantime, I then called to the District Court Office in Loughrea and spoke with Mr. Brendan McDonald - whose signature appears on the summons.  I related to him what I had earlier related to Garda Kenny regarding the false charge.  While Mr. McDonald was willing to listen to what I had to say, his main response seemed to be that everything was in order with the summons as far as he was concerned.  Nevertheless, I had hoped that he might make some checks after I had left his office, and that I might be contacted by somebody later.  In the event, I have not heard anything from Mr McDonald (or anybody else) since.
(3)  On August 2nd 2002 I telephoned your Office and had a lengthy conversation with a lady who told me her name was Orla Flood (of the Communications & Development Unit).  As in the case of Garda Kenny, and Mr McDonald, I stressed that I was being falsely accused of threatening assault, and asked if I could have an e-mail address for your Office so that I could present my version of events to you (which is almost entirely Internet based).  After taking all the reference details of my case Ms Flood told me that it was NOT possible for her to let me have an e-mail address for your Office.  Towards the end of our conversation I suggested that she discuss my situation with colleagues, and I further suggested that if she changed her mind she could leave an e-mail address for your Office on my answering machine.  I have not heard anything from Ms Flood since; and, it for this reason that the e-mail address I am using for you in this e-mail is one that Mr McDonald gave me for the District Court Office in Loughrea on July 30th 2002 when I called to see him.  Unless I am advised otherwise, I will assume that Mr McDonald will forward this e-mail to your Office without delay.  I feel I should also add that this ONGOING situation does not seem at all satisfactory to me: I feel I have been forced (by a civil servant) to use a WRONG e-mail address for the Director of Public Prosecutions while in the process of trying to defend myself against a false charge of threatened assault ???  I find this extremely worrying.
(4) A copy of the summons Garda Kenny delivered to me on July 23rd 2002 can be seen at the following www page address:
Background information to Mr Hoey's visit to New Inn Village on May 1st 2002 can be seen at:
Further information relating to the ONGOING illegal sewage discharges in the middle of New Inn village referred to in the paragraph above can be seen at www page address:
(5) All things considered, I now take the view that the summons requiring myself (and my brother) to appear in Lougrea District Court on September 11th 2002 is an attempt by the State to criminalise and discredit me: in response to the fact that I have been attempting to challenge State corruption here in the Republic of Ireland for some time now.  Part of my efforts at challenging State corruption can be seen at the following www page address:
I would be very grateful to you if you could take particular note of paragraphs 4, 5, and 6 at the www page address immediately above - which relate to the Waste Management (Amendment) Act, 2001.)  In so far as I can judge, and for the reasons stated, this Act appears to be very clearly in breach of Article 28A of the Constitution. In what looks like an "add-on" attempt to deceive the general public into accepting a law which they know to be invalid and bogus (and a direct product of State corruption), the Government seems to have removed the text of the Constitution from their own web site: which is why the link on the above www page to Article 28A is not working at the present time.  I am not sure when exactly the Government decided to remove the text of the Constitution from their web site; I do know though that on EVERY occasion I checked it during the past month or so it was ALWAYS unavailable.  I also notice that copies of the Constitution are no longer available from any of the larger bookshops which used to stock them in places such as Galway City and Athlone, and it seems reasonable for me to assume that this pattern holds true nationwide.
(6) I have tried on several occasions during recent years to protect my own interests from State corruption by seeking the help of lawyers here in the Republic of Ireland: only to find that they very clearly do not consider it to be in their best interests to provide such help. 
One example of this arose in connection with the illegal sewage discharges (in the village where I live) that I have referred to above.  Please note that of the eleven law firms I contacted (listed on the www page immediately below) NONE of them were willing to give any clear indication that they would help.  Several did not even reply - including the two that are based near me in County Galway.  Please see www page address:
(7) As I have NO HOPE of finding a lawyer here in the Republic of Ireland who is prepared to openly set about protecting my interests against State corruption - which now includes a false charge of threatened assault - I feel the only thing I can do is to seek help from the European Union. Consequently, I am copying this e-mail to several people employed by the European Union: with a request that one or other of the European Union bodies dealing with social justice issues contact me - for the purpose of providing me with adequate legal defence for this false charge.
Consequent to the paragraph above, I would be very grateful if you would defer the Court hearing at present scheduled for September 11th 2002 (in Loughrea District Court) until some later date - so that the European Union have an opportunity to consider my request for help, and to provide me with a written reply (to the postal address provided at the end of this e-mail).
I would like to take this opportunity to ask the European Union to include the false charge of attempted assault in with the whole gamut of legal issues connected with Petition 809/2001: and to deal with them all together through the European Courts.  As I have stated in earlier correspondence connected with Petition 809/2001, I do not believe that the Republic of Ireland has what it takes to purge itself of the defects that are sustaining State corruption here.  It needs outside help in my view - of the kind I believe the European Courts could provide.  For more of the reasons why I have felt this way for some time now, please see Section 2 of the e-mail text at www page address:    
In fact, matters seem to be getting WORSE regarding State corruption here in the Republic of Ireland: as evidenced by the false charge of attempted assault I am now being subjected to: which I see as a new and VERY sinister development (in my particular case).
There is also the matter of recently and greatly increased spending by Government on so called "spin doctors": whose main purpose (as I see it) seems to be to mislead the general public and to hoodwink them out of their INDIVIDUAL rights - provided for them under our written Constitution - through the copious use (abuse???) of the media.  The following is a quote from The Irish Times Newspaper edition of August 5th 2002:

In total, the new Government's team of policy and press advisers will cost more than Ä2 million a year.  Between them, the Taoiseach, TŠnaiste, Ministers and the Attorney General have employed a total of 31 special or press advisers since early June."
(8) In passing, I would like to point out that Mr Hoey's enthusiasm for enforcing the law appears to be extremely anomalous in some important respects: as can be seen from an e-mail I recently sent send to Galway County Council - please see www page address:
(9) Finally, I would be very grateful if you could let me have a photocopy of the papers my brother (Mr. Gerald Finnerty) signed in the presence of Policeman Garda Adrian J Mc Walter and his Garda colleague (whose name is not known to me).  I have asked my brother what he told Garda Mc Walter, and he has informed me that he simply related what happened: " that everything was going fine up to the point you asked Mr. Hoey to have a look at the illegal sewage discharge coming from the Primary School, and that when he refused you suddenly started shouting at him ".  Unfortunately, my brother seems to have no recollection of reading the papers he signed for Garda Mc Walter; and, in addition, he seems to have no recollection of Garda Mc Walter reading out what he wrote before he (my brother) signed the statement.  I would ask you to take very careful note please of the fact that my brother has been on anti-depressant drug medication for a continuous period of several years for the reasons stated in paragraph 9 of the e-mail text at the following www page address:
I look forward to receiving (from you) a photocopy of the statement my brother signed for Garda Mc Walter within the coming 14 days please: my postal address is provided below.
Later today I intend to send a printed (and signed) copy of this e-mail to you through the registered post.  Also, and mainly for the purpose of providing a quick translation service into other European Union languages, I intend to add a copy of the text of this e-mail to the following www page address sometime during this present weekend:
Mr William Finnerty
"St Albans"
New Inn
County Galway
Republic of Ireland.

Signed printed copies of the above e-mail were sent through the registered post on August 17th 2002 to the five addresses shown on the Post Office receipts above.
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Mr James Hamilton (DPP)



Mr Nino Gemelli (EU)



Prime Minister Ahern



Police Commissioner Byrne



Mr Brendan McDonald






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