Will the Garda Phone Tapping Debacle Lead to Internment?

Ireland may not be digesting the full content of the political crisis that befell this country as the cabinet met on the morning of 25th March 2014. Fianna Fail TD Willie O'Dea pointed to the extreme danger created by the fallout of the phone tapping scandal at many Garda stations throughout the country. Apparently as many as 100 rapists, murderers, and gangland leaders from the Limerick City area alone will seek access to the contents of the phone tapping tapes. If their solicitor used the telephone in that Garda station then they have the legal right to seek the tapes of that conversation. If they received a phone call from their mammy or as is their legal right made one phone call from the Garda station and that call was recorded without their permission or the respondents permission they have a legal right to challenge their conviction in the High Court and very likely to the Supreme Court of Ireland. Without going into the legal, constitutional or political consequences of this fact, Ireland could be financially destroyed by the consequences of a vast legal challenge by up to one thousand convicted criminals now held in custody by the Irish Justice system. But on that morning of Tuesday 25th March 2014 as Garda Commissioner Martin Callinan left his home and arrived at Garda HQ at 9.35am to officially confirm his resignation to the Irish Government did he actually know more than the Government knew. Martin Callinan was a professional Police Officer. In terms of professionalism let us examine other professions. Gynaecologists have a big wage but a low professional standard by the record of the amount of new born babies and mothers who die in this country because of medical negligence and incompetence. Building Engineers and Architects have a very bad record of professional competence but during the Celtic Tiger they became billionaires and millionaires. I could go on about the rats who abandoned ship and are now in Australia, Boston, Auckland, Quebec and London. But NO. I will dwell more on the professionalism of Garda Commissioner Martin Callinan who had 41 years experience as a Police Officer. Many might forget that Mr Callinan crossed swords with many obnoxious criminals in this country. He fought them on the streets. But more importantly he defeated them in the courts. By his shrewd but honest witness testament before the Irish courts. Against professional legal experts and barristers who have sucked this country dry with their obnoxious fees. Corruption for 40 years in Ireland will not be addressed until we destroy the legal profession. I've deliberately left my main point to the end. And I believe that Mr Callinan would have had the legal opinion made available to him about what may be coming down the road from convicted prisoners in Ireland over the next 28 days. Without tape evidence, without witness evidence some convicted prisoners will already know they were recorded by Gardaí without consent. I suspect that within the next 21 days a writ of Habeas Corpus will be presented to the High Court by at least one prisoner held in an Irish prison. If that prisoner is a danger to society, a rapist who is a danger to children, a terrorist who is a danger to society or a convicted murderer who is a danger to us all the Irish Government will be left with no option but to introduce a limited form of internment without trial. Government don't have legal, constitutional or political tools to deal with Habeas Corpus applications where precedence has already been set by the High Court such as in the Waterford case. To prevent catastrophic releases of highly dangerous persons from prison the government needs to pass emergency legislation. But under the constitution they cannot backdate legislation. So to prevent extremely dangerous people from gaining freedom through Habeas Corpus the Irish Government would need to seek an amendment to the Constitution of Ireland. To do that would take up to two years as the Irish political system is extremely slow, often laborious and mostly extremely corrupt. And so the only alternative open to government to prevent a mass exodus from Irish prisons is to introduce internment until a legal solution is found.

Is Allen Shatter more Sinister than Missing Documents and Phone Tapping?

I think that most commentators, media personnel, and politicians have missed the fact that Allen Shatter did not have a confidante in his office who could pass on important documents to him. He trusted NO-ONE. A document was processed at the Garda Commissioner's office on March 10 2014 for dispatch to Justice Minister Allen Shatter TD. Allen Shatter should have received that document before he left for Mexico three days later. It is alleged but questionable that Allen Shatter received that letter from the Commissioner 15 days later. I need to bring to the publics attention that the smallest retail outlet on the Island of Ireland has a confidante who would warn the manager or owner that she/he has received a gas bill that needed to be paid immediately. But the Minister in THE most important portfolio of Governance in the Republic of Ireland had no-one in his department to scan his mail for emergencies.

I must now create a scenario which could very well put this country in great danger where our Minister of Justice is not contactable and where attempts have been made to make him aware of a grave situation by his senior civil servants. A letter dispatched by the highest police officer in the land has been waiting on the Minister's response from March 10 2014 until March 25 2014. The letter contains information which may be so serious that it may bring down the state. Minister Allen Shatter is Minister for Justice in the Republic of Ireland.

But something else that needs to be brought to the attention of the Irish electorate is the dual role of the Minister's office. Our defence forces always had a Defence Minister. On  Allen Shatter TD's appointment he took over the ministry of defence. He took over responsibility for our naval forces, our Air core, and our army. Why would any elected representative want to control our policing service, our naval service, our Air Force? Also our police stations. And our telecommunications service with listening devices recording 16,000 conversations?

 

Now what happens if our military chiefs wish to pass on intelligence information to the Minister which is a matter of urgent state security but for that reason needs to be communicated in writing by personal courier? I mean intelligence of a grave nature such as the Russian fleet posing a threat to this country. Or an imminent terrorist attack on Dublin. But Mr Shatter is in the Bahamas. Can we be confident that this serious communication can be delivered to the Minister immediately? Perhaps the decision to amalgamate this countries justice and defence ministries should be reviewed? After all what benefit is there in joining the two? It can't be much of a financial saving. One Minister's salary from the multi million euro budget of the two ministries? If there is no budgetary advantage WHY would one TD be given two posts? Power? Control?  

A Fair Trial in the Republic of Ireland is Impossible for Most Folks

 

©Toni Manifesto Ireland.

A Jury service that excludes the poor, the disabled, the low income and the unemployed is a Jury service that leads to a distortion of our whole legal justice system in Ireland. I was recently called for Jury Service in a rural area of Ireland. I got a shock to read in the notes accompanying my Jury Summons that if selected to be a Juror I would not receive expenses to get to the Court house or on my return home. I checked my local bus station which is 21 miles away and one mile from the Court house to inquire as to the return fare to do my patriotic duty as a Juror. I was quoted two fares of either €9 or €9.70 return per day to the Court House from where I lived. So to attend Jury Service for two weeks (which the County Registrar conveyed to those summoned at the sitting, this case would take) I would need €45 to €50 to attend Jury Service for a week.

It is important that my readers know why I say the poor, the disabled, the low income and unemployed are excluded from Jury Service. In the past four years most recipients of Social Welfare, Job Seekers Allowance and other allowances for Ireland’s vulnerable electorate have had their income reduced from between 11% and 38.5%. Young unemployed people in Ireland have had their welfare allowance reduced from €188 weekly to €100. That’s a 47% reduction in income. Note that I quoted our electorate, not our residents or our population. Many may think that is a mute point. But if you are not on the electoral register you cannot be called up for Jury Service. And it’s not compulsory to be on the electoral register. But it is compulsory to attend if summoned to a Jury Service. Does this not further undermine the Justice system?

I would point out a precedent in another Jurisdiction where the electoral and judicial system was used to distort representation of the underclass. Margaret Thatcher imposed the poll tax in the UK.  But she deliberately announced that ALL those on the ELECTORAL register would be charged the poll tax. There was a 22% drop in registration to vote by young people, old people, disabled people and poor people. They could not afford to pay. They went off the electoral register. Emperor Thatcher won the election by a 9% majority.

It is one of the foundations of our democracy that an accused person should be judged by his peers and that is the purpose of the Jury Service. The notes I received with my summons also stated that serving on a jury is often the best way for the citizen to participate in government. Jury service is a civic duty and an obligation. Anyone attending Jury service will definitely sustain considerable expenses. Therefore the 400,000 unemployed people in this country are basically disqualified on grounds of poverty. What social welfare recipient could afford to spend €50 a week getting to a local court? Compare the rule of no expenses to our nearest neighbour in Northern Ireland. Daily allowances for jury service in the north are as follows:  Travel allowance from your home or work and return of 45 cent per mile. Bus and train fares paid in full. Meal allowance of €7.50 or €15 if away from home for 10 hours. Financial loss including child care allowance of €40 per day if jury service is less than 4 hours. €70 daily if service is over 4 hours; if the trial lasts more than ten days the daily expenses rise to €160 daily. Transport may include taxi fares in certain cases.

A recent media report on jury attendance in Dublin highlighted that of three thousand summonses issued only 300 jurors attended. This despite the threat of a €2000 fine for non attendance. People are not going to go without food to attend jury service no matter how honourable it may be to serve.

Another interesting point that is made in the 1976 Juries Act is that the Minister for Justice is entitled to expenses for the performance of his duties regarding the courts service and jury service. I bet that’s lavish.

Going back to that basic foundation I spoke of earlier of the right of an accused to be judged by his peers. Well we have already ruled out the unemployed. We should also exclude for low income reasons, those on various disability and illness benefits. But worrying too is those who will not be seen on a Jury for reasons of ineligibility, excusal etc. Judges, coroners, the AG and his staff, the DPP and his staff, barristers and solicitors and their staff, Gardái, prison officers, probation officers & staff, court service staff, forensic science lab staff. Also members of the Defence Forces including reserve and army nursing service, certain convicted persons, those with certain mental and incapacity conditions.

Persons excusable as of right: Over 65’s, under 18’s, Principal teachers, full time students, doctors, dentists, nurses, essential teaching staff, midwives, vets, chemists, priests, ministers and nuns, TD’s and Senators, Comptroller & Auditor, staff of the Dail, heads of all government departments and any staff they deem to be essential, heads of local authorities and staff they deem to be essential, heads of Irish lights and essential staff, Many naval and aircraft personnel. Those who are in an advanced stage of pregnancy or are caring for infants and young children as well as full time carers of the disabled may apply for excusal.

Another matter of concern is that of access to transport especially in rural areas. In my case there is one bus from my home at 8am daily and one bus back at 6pm. Normal jury duty is from 10am to 4.30pm. But the finishing time may be extended which could leave the juror stranded miles from their home. During that period the court service will provide one lunch. If you have to have breakfast or an afternoon meal you do without, even if you are a person requiring a special diet. Asking anyone to do without food for 10 to 11 hours daily except for lunch is cruel to say the least. One of the more worrying aspects of those who will not be jurors is the social distortion this causes in the eventual make up of the jury. After all those excluded and excused as jurors, as described above, only middle class, wealthy, property owners, self employed, farmers etc are left to choose from. An unemployed single pregnant woman who is an accused is unlikely to have her peers judge her. She is unlikely to get much understanding from an Irish panel of jurors. Of about 200 people who attended the court I was summoned to, about one third raised their hands when the registrar asked if there were many self employed or farmers. I do not believe that an ordinary accused person in the Republic of Ireland has a good chance of a fair trial as a result of the anomalies I describe above.

©Toni Manifesto Ireland Copyright