"Right to Good Administration ..." RGA

Item 1 (Article 41):

Text of e-mail dated Sept 7th 2002 to
 European Union Committee on Petitions:

Cc: Prime Minister Bertie Ahern ; Republic of Ireland Director of Public Prosecutions (Mr. James Hamilton) ; Mr. Brendan McDonald (Chief Clerk, Loughrea District Court) ; 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) ; William Finnerty (Yahoo) ; Liam O'Finnachta (finnachta.com)
Sent: Saturday, September 07, 2002 1:13 PM

Subject: NEW summons to appear at Loughrea District Court on Wednesday October 9th 2002.

European Parliament reference: Petition 809/2001.  Re:  Summons delivered by hand yesterday for me to appear at Loughrea District Court on Wednesday October 9th 2002 - this time to answer a NEW charge that I "assaulted Enda Hoey" of Galway County Council on May 1st 2002
Dear Mr Gemelli,
My affairs have now reached a stage where I feel I have to point out that the processing time for Petition 809/2001 appears to be taking far too long. To the best of my knowledge, nothing of any significance has been done (to date) regarding ANY of the issues I have raised. This has already produced a number of troublesome consequences for me, and I would ask you PLEASE to take careful note of the fact that the difficulties I am experiencing regarding these matters are actually growing in number, and in strength: instead of getting less - as I had hoped would happen when I first made my petition for help to the European Parliament.
With reference to the "Right to good administration" undertaking, which I assume you will already know about, Item 1 under Article 41 of the CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION clearly states: "Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union." 
Before leaving this section, I wish to stress (again) that the phrase "within a reasonable time" in the above paragraph has now become a MAJOR issue for me.
Of the problems I have struggled with during the course of the past four years or so, the ones which I feel threaten my personal interests most (in order of priority) are listed below using the numbers "ONE" to "FOUR":
ONE: The ongoing difficulties in my family regarding the fact that my brother and half-sister have NEVER (to date) received ANY medical treatment which specifically addresses the psychological damage caused by parental alcoholism: which, my research suggests, is in breach of Tort Law (in the Republic of Ireland).  Some of the core aspects of this problem have already been outlined in paragraph 9 of my e-mail letter dated June 14th 2002 to Galway County Council which can now be seen at www page address:
The overall aspects of this particular family problem were set out in a six-page letter sent through the registered post on July 27th 2000 to the Minister for Health (Mr. Micheal Martin). Copies of the July 27th 2000 letter to Minister Martin were sent (by registered post) to Dr. Anne Jeffers (Consultant Psychiatrist, Western Health Board), to Dr. Sheila Ryan (Chief Executive of the Western Health Board), and to Mr. Kenneth Murphy (Director General of The Law Society of Ireland).
When the above mentioned set of letters sent on July 27th 2000 failed to produce any useful results, I then sent a copy of the July 27th 2000 letter (with a covering note) to Prime Minister Ahern on August 24th 2000; and, when that in turn failed to do any good, I wrote in similar fashion to President Mary McAleese on September 14th 2000. (Both of these letters were also sent through the registered post.)
TWO: The ongoing problems in my locality relating to "Waste Management (Amendment) Act 2001" (Republic of Ireland). I very strongly suspect this law is unconstitutional: and consequently NOT WORTH THE PAPER IT IS WRITTEN ON. If this is the case, then it must surely be one of the very worst indicators imaginable - as far as the "good administration" undertaking is concerned?
As has been reported many times here, Central Government now have very strong plans to forcefully impose (in bully-like fashion) a huge superdump in one of three selected areas in East Galway through the heavy-handed use of "Waste Management (Amendment) Act 2001": in spite of the fact that the vast majority (possibly all) of the locally elected politicians have repeatedly voted against the locating of such a dump at ANY of the three particular sites in question.  It appears that Central Government cannot (or will not) accept a very simple democratically voiced "NO" of the kind that is FULLY in keeping with Article 28A of our written Constitution. 
Some of the other core problems connected with "Waste Management (Amendment) Act 2001" have already been related in section (5) of my e-mail letter dated August 17th 2002 to the Director of Public Prosecutions (Mr. James Hamilton).  They can now be viewed in section 5 of the main e-mail text at the following www page location:
As you will already know, I note that "Waste Management (Amendment) Act 2001" has been mentioned in a completely separate petition to you made by another East Galway local resident (Mr. Brendan Kelly) on February 1st 2002.  I further note that paragraph 12 (half-way down page 2) of the petition in question (EU reference: Petition 235/2002) contains an "urgent" request to the European Parliament to have the validity of this law checked.  The text of Petition 235/2002 can now be viewed at www page location:
THREE: The several health threats posed by the ongoing illegal sewage discharges into the river in the middle of the village right beside my present home. The main problems are set out at www page address:
I would like to take this opportunity to point out that the changes made in April 2001 to the visibility of the unlawful sewage discharges in question were made by Galway County Council under the supervision of a person who told me his name was Noel Casey. The cosmetic changes in question mean that the untreated sewage discharges indicated on photographs 3 and at the www page address immediately above now enter the main flow of the river about 50 yards CLOSER to the pumps used to supply the local community drinking water supply than they did previous to April 2001.  Far more importantly (as I see it), these cosmetic changes powerfully demonstrate the arrogance of Galway County Council's presumption that they are somehow (?) above the law.
Also relevant to this illegal sewage problem, are the contents of an article which appeared on Page 10 of The Irish Times Newspaper dated August 15th 2002: on the subject of CRYPTOSPORIDIUM (a water-borne pathogen).  Among several things mentioned in the article are the following:  (1) "It is often fatal for those with reduced immunity and causes misery for healthy individuals who contact it.";  (2) "Water chlorination doesn't take this organism out";  (3) "Animal or human waste is the usual source of an outbreak, which spreads easily in water supplies." 
Further information on the cryptosporidium subject can be found at www page address:
FOUR: The ongoing neglect of important local heritage sites.  Last April I was contacted (through the Internet) by an American businessman who was VERY interested in organising a project to restore the centuries old set of local buildings known as Woodlawn House.  As a member of a group I belong to named FOWHG (Friends Of  Woodlawn House Group), I later attended a number of business meetings where it was estimated that 80 or so people would be employed for a period of approximately three years to restore these buildings into a good quality hotel - which would have sports and conference facilities etcetera on the 115 acre site.  It was further estimated that when the project was completed, the hotel in question would provide full-time employment for around 50 local people. Though the American person in question appears to have found people from different countries willing to invest six figure sums in the project, a number of MAJOR problems have arisen because of a superdump that a private company called Celtic Waste are planning to locate within a mile or so of Woodlawn House: apparently with the full approval of both Local and Central Government. Further information regarding Woodlawn House can be found at www page address:
Additional information relating to other local heritage sites - which includes the possibility of Central Government locating a State-owned superdump beside the world famous Turoe Stone - can be found at www page address:
Please note also that Local and Central Government have ONGOING plans to put a major new road right through the middle of what may be the remnants of the largest Celtic site in the Republic of Ireland around the time of Christ: presumably (?) for the purpose of making it easy for rubbish trucks to access the superdump they plan to locate close to the Turoe Stone at the centre of the vast "Oppidum".  Further information regarding this matter can be found in the text sent to me by research scientist Dr. Kieran Jordan in March 2001 - which is at www page address:
As far as I know, and although I have done all I reasonably could to inform the appropriate people, there has NOT been any significant attempt (to date) made by archaeologists to investigate the information Dr. Jordan set out in the notes he sent me.  For additional information on this and other local heritage matters, please see the following www page address:
As I believe you will also know already, Item 3 under Article 41 of the CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION states that: "Every person has the right to have the Community make good any damage caused by its institutions or by its servants in the performance of its duties, in accordance with the general principles common to the laws of Member States."
As it is the case that I feel I have suffered MUCH damage as a result of Community institutions and servants failing in the performance of their duties, I now wish to have these damages made good: in so far as it is possible to do so - having due regard for all the time I have already lost: which of course NOBODY can ever give back to me, or substitute for. Consequently, I would be grateful if you could now provide me with the basic practical information I need to set about implementing the Article 41 principle to "make good" the damage I have been caused relating to my losses in connection with all matters referred to in this e-mail.
I hope to be in receipt of all the basic information requested from you in this section of this e-mail within the coming 14 days please.
I now feel it necessary to point out that I never received any of the "acknowledgements of receipt" I requested for the three letters I posted to EU addresses on March 25th 2002 (to Strasbourg, Luxembourg, and Brussels).  Scanned copies of the Post Office receipts can be seen at the following www page address:
Allowing for the fact that I was very suddenly charged yesterday with some new (and possibly more serious offence), I now feel I need to have the following two questions answered by you (in writing) please: (a) Did the three letters referred to in the paragraph immediately above ever reach their intended destinations?; and, (b) on what dates were they received (assuming of course that they were received)?
Please note that I will not be making any FINAL decision as to whether (or not) I will be attending Loughrea District Court on October 9th 2002 until I have received a written reply from you regarding the information I seek in this section of this e-mail. This is largely because I do not believe the District Court in Loughrea (or anywhere else) is the appropriate place to be hearing my case. 
My case concerns VERY serious matters which includes such things as "neglect of duty" and "dereliction of duty" (by senior medical officers, politicians, and lawyers), and State corruption: if - as I suspect to be the case - "Waste Management (Amendment) Act 2001" is unconstitutional, and the product of collusion involving senior State lawyers and politicians who have known perfectly well all along that this law is in breach of Article 28A of our written Constitution.  These are all matters which I believe should be dealt with by the highest Court in the State: not the lowest; and, if Mr. Hamilton (The Director of Public Prosecutions here in the Republic of Ireland) is not willing to take those concerned to task in one or other of the higher courts here, then I believe ALL PARTS of my case should be heard by the European Court of Justice. The DPP's attempt to get me into a District Court on October 9th 2002 regarding the TINY part which relates to Mr. Hoey is (I suspect) a form of corrupt trickery.
I have been told (by a number of different people) that it is widely believed and accepted by all concerned that attempts to get to the real truth of matters is a very rough-and-ready business at District Court level; and, that a considerable amount of LYING is both expected, and acceptable, in such places. While such rough-and-ready arrangements regarding the truth would not suit me at all, I can easily see they would provide a huge advantage to the DPP and his colleagues in securing a criminal conviction against me: all be it a CORRUPT one - from which, nevertheless, it might be impossible for me (in practical terms) to EVER free myself of the stigma.
When the local policeman (Garda Thomas Kenny) delivered the new summons to me yesterday afternoon by hand, I understand (from what he then told me) that the original charge of "threatening to assault" (which was due to be heard on September 11th 2002) has now been dropped: and replaced with the possibly more serious one now scheduled to be heard on Wednesday October 9th 2002.
Finally, as far as this section is concerned, I feel I should point out that I have NOT received the photocopy of the papers my brother signed: which I requested from Mr Hamilton (DPP) in Section 9 my e-mail letter to him dated August 17th 2002.  I cannot help speculating (perhaps wrongly) that the failure to give me this important information is linked with the decision to seriously ALTER (without explanation) the charge I am being accused of. The text of my request to the DPP can be seen at the following www location:
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:
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 7th 2002 to the five addresses shown on the Post Office receipts above.
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   Mr Nino Gemelli   rr286107948ie
   Dir. Gen. Legal Affairs EU   rr406292719ie
   Prime Minister Ahern   rr397564439ie
   Mr James Hamilton (DPP)   rr286107934ie

   President Mary McAleese


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