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Perverting the Course of Justice: The Pensive Quill

Posted by Jim on March 30, 2015

Christy Walsh who is currently hunger striking in pursuit of justice has written to the North’s First Minister, Peter Robinson, and his deputy, Martin McGuinness. A former prisoner, Christy Walsh blogs at The Fundamental Flaws in the Arrest, Trial & Appeals of Christy Walsh and can be contacted at walsh_christy@yahoo.co.uk.

 

 

Messrs’ Robinson & McGuinness

OFMDFM Ministers

GD36 Stormont Castle Stormont Estate Belfast BT4 3TT

23rd March 2015

 

Dear Messrs’ Robinson & McGuinness

 

Today marks my 8th day on hunger strike.

 

Mr Robinson, local media networks have reported your position on crime to be as follows:

“We take the position that if people have committed crimes then they’re answerable, no matter what their position, and if there’s evidence and it’s brought forward then it’s up to due process to determine.”[1] 

 

Why then, Mr Robinson, with due respect to you, would you believe that the Deputy First Minister, Mr McGuinness, might be subject to scrutiny of the law but Mr Ford or the Crown Prosecutor, Mr McCrudden, are not, despite the compelling prima facie evidence against them? Do you believe the unethical conduct of both the Justice Minister and Prosecutor to be above the law as if immune from culpability because of their privileged positions? If that is true then why do you draw a distinction with Mr McGuinness who, it stands to reason, is privileged with even higher public position?

David Ford is aware that one of the RUC’s most senior intelligence figures throughout the whole Conflict could have testified to my innocence at my trial had the Prosecutor not withheld crucial evidence. In 2009, I gained rare access to Northern Ireland Forensic Science Laboratories to examine their files for myself. While I was at NIFSL I discovered that a report signed by Detective Superintendent John Derek Martindale details how another man had originally been caught in possession of the coffee-jar for which I was convicted.

David Ford is also aware that when the former Lord Chief Justice, Sir Brian Kerr, requested that the Prosecutor bring one of his military witnesses before the court to explain why he had retracted his Trial Testimony under PACE caution, the Prosecutor soon afterwards informed the court that his witness could no longer be traced. Police Detective Gary McMurran, who was present in court, told me that the Prosecutor was lying to the court and he knew this because he had been the person tasked to locate the Soldier. The Detective confirmed to me that he had successfully located the witness contrary to what the Prosecutor had just told the Court. I asked the Detective if he would confirm to my lawyers what he had told me. The Detective agreed to do so and later provided my lawyers with a two page written account of the steps he had taken to locate the military witness. The Detective’s written account concludes that the military witness’s reason for refusing to appear before the Court was because he wanted “the past to stay in the past”.

The reliance by the Justice Minister on the proven discredited word, changed statements, coached evidence, and retracted trial testimony of members of the Parachute Regiment against my 24 year consistent and unshakable account says more about the Minister’s religious or political prejudices than all the fabricated evidence he claims he has against me. Furthermore, refusal of the Justice Minister to refer prosecutorial misconduct to the Criminal Justice Inspectorate sends a clear message to barristers, that, their perverting the course of justice is acceptable because they hold privileged position. Barristers do not view corrupt Police Officers as they would view themselves, as this media report tends to indicate:

 

“Karen Quinlivan QC said (Here): “The entire conspiracy was designed to ensure police were immune from prosecution.”“It’s difficult to imagine a more fundamental abuse of process of the court, to allow police to manipulate proceedings in order to ensure police officers are protected from criminal sanctions, and to use the same investigation in order to secure the conviction of the victim of the unlawful conduct.[2]

 

However, the common law does not afford privileged barristers to pervert the course of justice any more than it would police officers, because: “Unless it is specified in law a lawyer is no more exempt for perverting the course of justice as the average citizen.[3]The only body with statutory power to investigate criminal conduct within the Prosecution Service is the CJI, which: “By law, CJI is not allowed to investigate individual cases but it can, when asked by the Minister for Justice, undertake specific pieces of work including investigations and reviews.”[4](Here) The CJI has confirmed to me (Here) that the Minister is fully aware of his statutory powers of referral and provided a list of some cases they had previously investigated at the Minister’s requests. This is irrefutable evidence that the Minister is knowingly and intentionally covering-up unlawful prosecutorial misconduct by refusing to make the proper referral; and he does so at the expense of the “victim of the unlawful conduct”.

Furthermore, we have seen with regard to Loyalists or Republicans, the Police, sparing no resource, will swim the length and breadth of the Atlantic Ocean on the whiff of a rumour or speculation that an audio tape might contain a nugget of evidence. Yet, evidently, when clobbered over the head with real, relevant and available indelible evidence they will do nothing because of the privileged position of the perpetrators’. As a victim of serious crime I have a right for my complaints to be investigated regardless of the political or professional positions of the perpetrators.

I had engaged lawyers to present an array of evidence in open Court, but, at the last minute they ambushed me for reasons only known to them and instead undermined my case on 31st May 2012. During the hearing, Ms Karen Quinlivan, QC, did an extraordinary thing, acting contrary to the best interests of her own client she asked the Court to refrain from considering my case and instead afford the Justice Minister the honours of doing it…again. Did my lawyers fail me because they were in “connivance” with the Minister or because their lives had been threatened by the Minister as Kevin Winters claims? These are serious matters pertaining to the administration of justice that need be addressed as a matter of urgency.

As a man of law, the law has always been on my side even when its human element has not. While the ‘law means whatever those in political power want it to mean in places like Zimbabwe, Saudi Arabia, Burma, Syria, or many similar states, NI is supposed to be a democratic society.

 

Yours Sincerely

 

Christy Walsh

 

PP:

Minister for Foreign Affairs and Trade, Charlie Flanagan, TD.

Prime Minister, David Cameron, MP.

Shouting in the service of the system

Posted by Jim on March 29, 2015

by Eoin Ó Broin

Eamonn McCann’s Irish Times articles are an odd thing. His casual disregard for the facts is matched only by his willingness to join the establishment chorus against Sinn Féin.

Writing in the Irish Times on 12 March Eamonn made a number of claims which are just plain wrong.

He claimed that Sinn Féin had pulled out of the Stormont House Agreement – not true.

He claimed that trade union pressure forced such a move – not true.

He claimed –albeit under cover of quotes from the DUP and Green Party- that Sinn Féin’s stance on welfare cuts was inexplicable and reckless – not true on either count.

And he implied that Sinn Féin was only now opposing welfare cuts – yet again not true.

He also misrepresented ICTU President John Douglas’s address to the Sinn Féin Ard Fheis – although to be fair he probably didn’t even bother to read the speech.

Such flagrant disregard for the facts –particularly when the subject is Sinn Féin- is commonplace in the right wing media.

But for a left wing activist to trade in such sloppy journalism is surprising… or is it?

Unfortunately Eamon suffers from that Trotskyite pathology of always have to attack your more moderate rival on the left, irrespective of whether the facts support your case.

Exposing ‘reformism’ and highlighting ‘class betrayal’ is the strategic imperative for revolutionary socialists such as Eamonn.

The reason is very simple – according to his analysis Sinn Féin is not a potential ally on the left but the main obstacle to the growth of the Socialist Workers Party and its electoral alliance People Before Profit.

As long as working class voters, in Derry and Dublin, support ‘reformist’ parties such as Sinn Féin then the revolutionary left will remain marginal and the prospects of the overthrow of the capitalist state will remain slim.

So at every opportunity ‘real’ socialists must focus their critical attention on the ‘reformist’ left in order to detach the working classes from their ‘misguided’ support for ‘reformist’ parties.

Commentary on all political events must be squeezed into this narrative. If that requires bending and breaking the facts to suit the pre-ordained script then so be it – all in the service of the revolution.

So what are the facts surrounding the latest crisis in Stormont.

Sinn Féin supports the Stormont House Agreement and we want it implemented in full.

As part of our long standing opposition to Tory welfare cuts we ensured that there would be real protections for those dependent on social welfare.

The DUP, as they so often do, are trying to renege on that deal.

Sinn Féin’s last minute opposition to the Welfare Bill was to ensure that they keep to the commitments to protect existing and future claimants.

The trade union mobilisation on 13 March was in opposition to two aspects of the Stormont House Agreement – the voluntary redundancy scheme and the possibility of a reduction of the rate Corporation Tax.

Eamonn is right when he says that thousands of public sector jobs will go under this scheme.

But what he conveniently fails to mention is that that the British government in Westminster has unilaterally cut the block grant to the Assembly by £1.5bn and has imposed additional financial fines on the Assembly because of our refusal to implement welfare cuts.

The origin of austerity in the North is not the Assembly but the British government in Westminster. They are taking the decision to cut spending. The Executive is then left to pick up the pieces.

Eamonn also fails to mention that if the Executive parties had not reached an agreement at Stormont House the Assembly would have collapsed, Direct Rule would have returned, and the scale and depth of Tory cuts would have been even worse.

Sinn Féin has consistently opposed the Tory cuts agenda being imposed by Westminster. We have also outlined a better way to manage our affairs.

Full transfer of fiscal powers to the Assembly and lifting the restrictions on borrowing from bodies such as the European Investment Bank would provide the Assembly with the tools to chart a more progressive policy path.

In the meantime Sinn Féin are trying to mitigate, as best we can, the worst impacts of the Tory cuts agenda.

You would have thought that a left wing activist such as Eamonn would know all of this and at least offer tactical support to Sinn Féin’s efforts while remaining critical of the Stormont House Agreement.

But then he wouldn’t be able to cry class betrayal and his paymasters in the Irish Times wouldn’t have another anti Sinn Féin voice to publish in their newspaper.

So the interests of Trotsky’s permanent revolution and the southern establishment’s defense of its political and economic privilege coincide in their mutual opposition to Sinn Féin.

Enter stage left Eamon McCann, shouting in the service of the system. How ironic.

Originally published in An Phoblacht in March 2015

Calls for a US stamp to commemorate the 1916 Easter Rising

Posted by Jim on

Paddy Clancy

The American Irish Teachers Association has initiated a petition to the Citizens’ Stamp Advisory Commission in Washington to issue a commemorative stamp celebrating the American Declaration of Independence and the 1916 Proclamation of the Irish Republic.

The United States Postal Service has a valued tradition of issuing U.S. commemorative stamps honoring significant events and distinguished persons. On July 14, 1989 the USPS issued a stamp in collaboration with the French government on the French Revolution. On February 26, 1999 the USPS issued a stamp commemorating Irish immigration, an issuance which was the successful outcome of a massive lobbying campaign by the Irish American community during the 150th anniversary period of Ireland’s Great Hunger.

The American Declaration of Independence is recognized for its great gift to all people in laying the foundation principles for a modern democracy, principles that influenced the aspirations of Irish patriots in their quest for freedom and independence.

 The proposed model for the stamp would have illustrations of the Declaration of Independence and the 1916 Proclamation of the Irish Republic flanking the Light of Liberty under a banner containing the words “Liberty’s Legacy.”

The American Irish Teachers Association is urging all Irish organizations and individuals to write to Citizens’ Stamp Advisory Committee, 475 L’Enfant Plaza SW, Room 3300, Washington, D.C. 20260-3501 in support of the commemorative stamp celebrating the 1776 Declaration of Independence and the centennial of the 1916 Proclamation of the Irish Republic.

Britain to send spies, royals for 1916 events

Posted by Jim on March 28, 2015

A secret British army undercover unit may be redeployed to the north in
the run-up to the centenary of the 1916 Rising, according to reports.

It has been reported that up to 60 members of the Special Reconnaissance
Regiment (SRR) have already been returned to the Six Counties in advance
of commemorations this year to mark the 99th anniversary of the
insurrection against British Rule on the streets of Dublin.

Officially MI5 carries out the majority of intelligence gathering work
for Crown-force agencies in the north. However, in the past the British
army has also carried out its own military-grade spying operations.

The 14th Intelligence Company, a forerunner to the SRR, was involved in
suspected shoot-to-kill incidents and has been accused of carrying out
political assassinations with loyalists. Other British army units,
including the Military Reaction Force, were heavily involved in
directing sectarian killings. Members of the unit are believed to have
killed several innocent Catholic men after it was set up in 1971.

Reports of the deployment comes as it appears increasingly likely a
leading member of the British royal family will attend one of the major
commemorative events in Ireland in 2016.

Sinn Fein has criticised the idea. Earlier this month, party delegates
backed a motion against inviting any British royal or government member
from attending any official state event during the 1916 Rising
commemorations at their annual conference in Derry.

But Dublin government officials have expressed concern that the
anniversary of the Rising could spark a resurgence of interest in the
Irish national cause.

“Let us seek to ensure that the Ireland 2016 commemorative programme
does not become an unnecessarily divisive issue,” the 26 County Foreign
Minister Charlie Flanagan wrote this week. He said he wanted to invite
“international friends and partners” to reflect on the events
surrounding the rising.

His comments were echoed this week by Sinn Fein’s Martin McGuinness, who
said centenary commemorations must be inclusive and reflect all
perspectives of the event.

The deputy first minister stressed the need for a “mature and
inoffensive” approach as he launched his party’s plans to mark the 100th
anniversary of the Rising next year.

Noting the colours of the Irish tricolour, Mr McGuinness said: “The
orange part of the flag is as important as the green and I think we are
very proud to be part of that generation of Irish republicans that is
prepared to appreciate that, is prepared to accept that as we face into
difficult challenges.”

The publicity event saw uniformed re-enactors dramatise some of the
events of 1916, including the declaration of the Republic on the steps
of the General Post Office (GPO) in Dublin.

Mr McGuinness said the leaders’ vision of a republic remained
“unfinished business”.

“So the centenary of the 1916 Easter Rising is a time to build – it is a
time to rededicate ourselves to the achievement of the Republic declared
in 1916 – so let us imagine and achieve that better future.

“I have been an Irish republican for over 40 years and over that very
lengthy period of time this is absolutely the most exciting time to be
an Irish republican because of the growth of support for our party
because of the desire to use our mandate wisely for the purposes of
bringing about our primary political objective, which is the unification
of our country by purely peaceful and democratic means. I think all of
this is achievable.”

Ballymurphy Massacre families meet with Taoiseach

Posted by Jim on

Taoiseach Enda Kenny [Irish Prime Minister] has met families of civilians who were murdered by members of the Parachute Regiment in the Ballymurphy Massacre over a three-day period in August 1971.
The Taoiseach was welcomed by families at the location of the shooting dead of four of the eleven civilian at the Manse on Springfield road.  He was shown the close proximity of the murder scene to the then Henry Taggart Army Barracks,  the Taoiseach commented himself that it was not more than 25 yards.  He also took the opportunity to lay flowers at the scene and took a moment for reflection.  This walkabout in Ballymurphy was followed by a private meeting with families and political representative, including Alliance Party, Sinn Fein and SDLP as well as Fr Tim Bartlett representing the Bishops office.
                          
Commenting afterward John Teggart said ”  The meeting went extremely well,  the Taoiseach lived up to his promise to come to Ballymurphy and meet with us, it was an opportunity for him to see firsthand the locations of our loved ones deaths and I think he was moved by it.  We also had the opportunity to brief him on the progress of the campaign and the new evidence that has come to light since we last met in January 2014.”
                          
The new evidence is the report by Dr Laurence Rock former consultant in the RVH casualty department, who has stated that had Joan Connolly received proper medical attention she may have survived her injuries.
                          
The recent acquittal of Terry Laverty who’s case has demonstrated that no “riot” took place and that the Army personnel lied to secure a conviction.
The ordering of Coroner Kitson of the exhumation of Joseph Murphy.
                          
Briege Connolly added that the Taoiseach has committed himself to again fully endorse the independent Panel Proposal and he has agreed to call on British Prime minister David Cameron to meet with the families.  We are delighted to hear that he is making progress on drawing up an all party motion in the Oireachtas, in support of the Ballymurphy Massacre Campaign,  which he will be putting forward at the end of march.
                          
The PSNI and The MOD have consistently delayed and obstructed the disclosure process and documents have been over redacted making them useless in many cases, families raised this with him today. The Taoiseach has reassured the families that he will be raising these issues with the Prime minister as a matter of urgency.   He has already committed the Irish governments full resources to the Kingsmill families in terms of disclosure, which the Ballymurphy families welcome.   The Ballymurphy Massacre families have called on David Cameron to show leadership and follow the example of the Taoiseach in this matter.
 
John Teggart can be contacted on 02890230222 
The Ballymurphy Massacre Film is being shown today in Rome as part of the Irish film Festival